Nestle’s Sustainable Growth in Mature Market Essay Example

Nestle’s Sustainable Growth in Mature Market Essay The company establishment Nestle was first founded by Henri Neslte in the 1860s by developing and producing food products for babies who could not adapt mother’s milk. Following the success in baby food products, Henri incorporated with an Anglo-Swiss condensed milk company to develop dairy products, especially for government supply in World War I. High sensitive and quick responding to the demand of consumer, Nestle continued to create and develop new product mix to canned food, beverage, pet care products, to maximize its scope of business in food segment. Nestle had been incurring high success during its operation in food industry, proved by production many creative product portfolio, double sales and tripled profits, globally brand recognition, offices and factories around the world with the management of previous CEO Helmut Maucher. Maucher successfully promoted Nestle to higher position in market as a global company and has been operating beyond its original Europe boundary. Nestle seems not still happy with what it had obtained. Under leadership of current CEO Peter Brabeck, Nestle is now experiencing a more significant growth and synergies as the top nutrition and food company with strategic management of Brabeck since he took over Nestle in 1997. In today, Nestle has developed another core business to Research and Development sector to support its traditional food and beverage business. Vision and Mission Vision According to Chief Technology Officer, Bauer, of Nestle in his presentation, Nestle has two visions classified for its two core sectors. We will write a custom essay sample on Nestle’s Sustainable Growth in Mature Market specifically for you for only $16.38 $13.9/page Order now We will write a custom essay sample on Nestle’s Sustainable Growth in Mature Market specifically for you FOR ONLY $16.38 $13.9/page Hire Writer We will write a custom essay sample on Nestle’s Sustainable Growth in Mature Market specifically for you FOR ONLY $16.38 $13.9/page Hire Writer For the Nestle’s operation vision, it indicates Nestle’s ambition to be the world’s largest Nutrition, Health, and Wellness company that innovate and distribute nutritious products that satisfy consumers’ nutritional and emotional needs. Additionally, to have continuous product innovations, Nestle realizes the important of new product research and development. As a result, the second sector is established with the vision is â€Å"to create future, move faster and go beyond what consumers tell us† (Bauer 2009). The new sector applies science and technology into innovating and reinnovating consumer=oriented products. Mission Brabeck’s growing strategies are aiming to position Nestle as the market leader in food industry, or at least to rank stably its product categories as second strong product power. Approaches to the mission are now strategically deploying by series of initiatives to increase internal and external operation efficiency. Nestle is currently widely known as the most success company manufacturing and distributing nutritional products for any aspect of health care. That means, Nestle already reaches the first part of its vision, however, Brabeck never stop thinking of giving Nestle to the most possibly highest position as he can and strikes strategies to advance Nestle’s competencies over its major competitors Nestle in a mature market Industry value chain analysis Targeted consumers: Nestle focuses on developing and manufacturing nutritious food and health care products to all types of retail consumers from premature babies to maturity and aging group. Another special profitable market for Nestle is to develop consuming products for pet care In order to Nestle’s products deliver to end-users, they are distributed by large buyers such as wholesalers, supermarkets, schools, businesses. Even they are retail or larger buyers; they of course have power over their choices and expectation of products. They are holding negotiating power on sales contracts at prices and quality they expect to. Nestle is an nutrition, health and wellness business, and it declare consumer orientation is main business development, it thus must notice to consumer’s wants and needs to offer them satisfactory products and acceptable prices. Intensive competition: Although already being the world’s largest food and beverage company, other food companies either globally or regionally achieve some objectives of their expansion strategies during years. Consequently, Nestle’s widespread position is not likely to be stable for a long-run. The three main competitors of Nestle are defined as Kraft, Masterfoods, and Unilever. Additionally, Nestle also must be aware of slow and consistent of local rivals. Both Nestle and its competitors distribute similar products to the same groups of consumers in same markets. Obviously, demand for food is essential and mature; however, with the significant increase in quality of life, people are searching for high qualitative nutritious products that satisfy their demand for health care. Thus, add-ins product is an important strategy for Nestle to remain its world largest position and market share. Key suppliers: strong supply chain is one of the most important competitive advantages to every business. Nestle has a wide supply chain operating over the world, in countries it has representing offices and factories. Similarly to consumer aspect, suppliers also have their owned power in term of conditions and considerations of supply contracts and they are uncontrollable entities. According to Nestle’s official website, it asserts the company has a strong relationship with its suppliers in single market. The relationship and professional corporation are conducted under respect and loyalty elements of non-negotiable standards to generate the competitive advantage to the company. Barriers to entry/exit: There is unlikely chance for a new participant to compete against Nestle and there is no signal from Nestle’s current rivals to exit the industry. The expansion of regional companies, however, must be noticed as they cannot confront to Nestle in global arena but they will probably occupy market share in a particular area. Merges between existing competitors to enhance their capital, market share and competitive factors then can obstruct Nestle’s internal growth. Substitute product: Adopting business strategies Raisch and Ferlic (2005) mentioned in their analysis that Brabeck wanted to achieve four percent of real internal growth when he had recently taken over Nestle in 1997. On the way to reach his goal, Brabeck had been developing challenging objectives such as strengthening innovative capacity and organizational changes. Many strategies were initialed during 1997 to 2005 in order to obtain his ambitious goal and objectives. Corporate level strategies As a global organization international strategy is at the heart of their competitive focus. Nestle’s competitive strategies are associated mainly with foreign direct investment. Nestle aims to balance sales between low risk but low growth countries of the developed world and high risk and potentially high growth markets of Africa and Latin America. Nestle recognizes the profitability possibilities in these high-risk countries, but pledges not to take unnecessary risks for the sake of growth. This process of hedging keeps growth steady and shareholders happy. When operating in a developed market, Nestle strives to grow and gain economies of scale through foreign direct investment in big companies. For example Nestle licenses its brands to local producers. In the developing markets, Nestle grows by manipulating ingredients or processing technology for local conditions, and employ the appropriate brand. For example, in many European countries most chilled dairy products contain sometimes two to three times the fat content of American Nestle products and are released under different brand names. Another strategy that has been successful for Nestle involves striking strategic partnerships with other large companies. In the early 1990s, Nestle entered into an alliance with Coca Cola in ready-to-drink teas and coffees in order to benefit from Coca Cola’s worldwide bottling system and expertise in prepared beverages. European and American food markets are seen by Nestle to be flat and fiercely competitive. Therefore, Nestle is setting is sights on new markets and new business for growth. In Asia, Nestle’s strategy has been to acquire local companies in order to form a group of autonomous regional managers who know more about the culture of the local markets than Americans or Europeans. Nestle’s strong cash flow and comfortable debt-equity ratio leave it with ample muscle for takeovers. Recently, Nestle acquired Indofood, Indonesia’s largest noodle producer. Their focus will be primarily on expanding sales in the Indonesian market, and in time will look to export Indonesian food products to other countries. Nestle has employed a wide-area strategy for Asia that involves producing different products in each country to supply the region with a given product from one country. For example, Nestle produces soy milk in Indonesia, coffee creamers in Thailand, soybean flour in Singapore, candy in Malaysia, and cereal in the Philippines, all for regional distribution. Business level strategies. To be able to adopt Innovation Strengthening objective, Nestle invested in maximizing assets, capacity utilization and distribution network. These investments were to generate operation efficiency and resources for reinforcing brands and stimulate product innovation that increases the company’s competitive advantages. For example, Nestle employed and financially succeeded in MH97, Target 2004+ and Operation Excellent 2007 projects which created considerably savings on capital. Reducing production cost (direct and indirect cost), innovation on production to minimize time and maximize outputs, closure of 165 factories from 1997 to 2002 and focusing on high-performed factories, improve supply chain were implemented during the period. As a result, the company saved up to 7 billion. For more saving, the company initialed FitNes project in 2002 to renovate administrative process that could save 1 billion. The amount saved from those activities was then invested in Ramp;D sector by establishment of Product Technology Centers, Local Application Centers and Clusters in the US, Europe, and partly Asia.

The Fresh Prince of Bel-Air Essays

The Fresh Prince of Bel-Air Essays The Fresh Prince of Bel-Air Essay The Fresh Prince of Bel-Air Essay Essay Topic: The Prince The Fresh Prince of Bel-Air is an American sit com, which is targeted at everyone but mainly at teenagers. It has been popular for more then eighteen years. But why would teenagers watch such a TV programme that only teaches them to do something good. This is done in a different way, to do as youre told, keep out of trouble and respect others. So how does it keep its success for over eighteen years? If The Fresh Prince of Bel-Air is just about being good, then why do teenagers still watch this programme? In my opinion I think that its the way the producers use media devices and the structure of the narrative that attracts teenagers rather a repels them.In the beginning of the show we se Will spinning on a throne acting as if hes a king which shows us that he is being the boss (as in a king) and in control everything around him. He is wearing a t-shirt which is a bit like a gangster and cool glasses and one of his legs are up on the throne making him look more of a gangster type then a king. He tells us the story of how his life got twisted upside down when he moved from West Philadelphia to Bel-Air. This appeals to a few audiences because even some teenagers want to either leave home forever or move to their aunty and uncle.The techniques used in this scene are notan lighting which makes it quite normal because its not scary at all. This is important that its not scary because its a comedy show and if they put scary lighting it wouldnt make sense. The camera is at the top and Will is at the bottom, on the floor spinning around on his throne, its quite a close up shot as well. Theres also graffiti in the background. This attracts the teenagers and makes them feel that theyre Will Smith and making them look at Wills point of view, because you know that some teenagers want to be gangsters and want to take over something as being a king, and thats what exactly happens in the first shot. I think that when the audience watches this first shot they will straight away feel that theyre on Wills side because its a quite close up shot and it makes the audience feel that Will is talking straight to them.This shot is related to the title of this page because in this scene Will is acting as a prince because Will is sitting on the throne, and plus on the title it says The Fresh Prince which means hes like a prince.The second scene we see Will doing some graffiti on a wall when all of a sudden, a policeman appears. The policeman scolds Will. Will get a bit scared to see him. Will makes the fool out of the policeman by saying no Im not graffitting its just a deodorant and gets away from trouble.In this scene the media devices used are notan lighting and a close up shot only.The second scene relates to the target audience because there are a few teenagers who think they can do graffiti and act cool by doing it, and also its one of a thing that some teenagers might want to try it out if they havent done it.This scene takes place at t he basketball court where Will and his friends are playing basketball. Will does some silly tricks while his friends are just pushing and shoving each other. Will shoots the ball but misses the basket and the ball bounces to some gangsters, who then gets angry and beat up Will.The techniques used were notan lighting as usual, the camera angle is straight and close up when its at Will when hes playing basketball. Then its a low angle shot looking up when it is at the gangsters because theyre big, strong and scary. Then the camera is overhead and Will and the gangsters are having a fight, which is shown as a birds eye view.When Will is playing basketball he tries to do these cool moves and shoot the ball in the basket but misses which shows hes not actually cool. Will also tries to be a gangster but when he faces the real gangsters he gets scared. This relates to the target audience because this shows how most teenagers act like, because some teenagers act really cool and talk in slan g but when it comes to a challenge or something they get scared back away.If you look close at Wills friends, they are actually a bit stupid because when Will is just standing in one place and doing his tricks, his friends are like jumping about around him, pushing and shoving each other and putting their hands up to stop the ball, when Will isnt doing anything.Wills mum and Will, both, is in his room where his mum is scolding him and pointing her finger at Will (but actually it seems shes scolding at us because of the camera viewpoint). She is also saying something at Will that hes going to moving with his aunty and uncle to Bel-Air.There are a few techniques used in this scene like in-between of extreme shot and really close up shot, like right in the face. Theres also notan lighting as usual in all shots. When Wills mum is talking and pointing her finger at us, because her face is so close to the camera it exactly feels like that she is talking to the people who are watching it. When you look at Wills mum when shes scolding, and at the back the background is in graffiti, I think that Wills mum is acting as a barrier between Will Smith and the bad things like graffiti, fights, and chaos. She doesnt want Will to be getting in any trouble. Now Will is being stopped from doing bad things from his mum, but when he goes away to Bel-Air his mum wont be there so he can do whatever he likes.This scene takes place in where Will whistles for a cab; gets in and off he sets to Bel-Air. On the way he sees the Hollywood sign and other things and gets exited and starts taking photos. When he reaches his uncle and aunties house he yelled to the cab yo home smell you later, and then walks to the house. The media devises used are close up shots and as always notan lighting in every scene. The affect on the viewer is that if Will really is a cool and gangster type then why is he getting happy and excited just seeing the Hollywood sign from far away, because real gangsters woul d say like ya ya so its just Hollywood sign. In my opinion I think that Will is getting happy that he is going to his aunty and uncle who are rich and then says yo home smell you later that also suggests that he is happy to leave west Philadelphia and move to Bel-Air. This appeals to the target audience because some teenagers get bored at home or have a fight with their parents and feel like that they want to leave home and go somewhere else where they would be happier.In conclusion I think that will smith is trying to be a gangster and fit in the west Philadelphia, but what we see is actually happening in the show. We see will trying to be a gangster by doing graffiti, playing basketballbut thats not all, we also see Will doing as his mum says like when she said that he had to move to Bel-Air, he does as hes mum tells him to do. If you really think about it there are quite subliminal messages in the opening sequence. So you see in one way Will tries to be a gangster and show off bu t in the other hand he also listens to his mother. So this shows that pupil can be gangster in school or outside, but also listen to their parents.

Nellie Bly - Investigative Journalist

Nellie Bly - Investigative Journalist The reporter known as Nellie Bly was born Elizabeth Jane Cochran in Cochrans Mills, Pennsylvania, where her father was a mill owner and county judge. Her mother was from a wealthy Pittsburgh family. Pink, as she was known in childhood, was the youngest of 13 (or 15, according to other sources) of her fathers children from both of his marriages; Pink competed to keep up with her five older brothers. Her father died when she was only six. Her fathers money was divided among the children, leaving little for Nellie Bly and her mother to live on. Her mother remarried, but her new husband, John Jackson Ford, was violent and abusive, and in 1878 she filed for divorce. The divorce was final in June of 1879. Nellie Bly briefly attended college at Indiana State Normal School, intending to prepare to be a teacher, but funds ran out in the middle of her first semester there, and she left. She had discovered both a talent and interest in writing and talked her mother into moving to Pittsburgh to look for work in that field. But she did not find anything, and the family was forced to live in slum conditions. Finding Her First Reporting Job With her already-clear experience with the necessity of a woman working and the difficulty of finding work, she read an article in the Pittsburgh Dispatch called What Girls Are Good For, which dismissed the qualifications of women workers. She wrote an angry letter to the editor as a response, signing it Lonely Orphan Girl- and the editor thought enough of her writing to offer her an opportunity to write for the paper. She wrote her first piece for the newspaper, on the status of working women in Pittsburgh, under the name Lonely Orphan Girl. When she was writing her second piece, on divorce, either she or her editor (the stories told differ) decided she needed a more appropriate pseudonym, and Nellie Bly became her nom de plume. The name was taken from the then-popular Stephen Foster tune, Nelly Bly. When Nellie Bly wrote human interest pieces exposing the conditions of poverty and discrimination in Pittsburgh, local leaders pressured her editor, George Madden, and he reassigned her to cover fashion and society- more typical womens interest articles. But those didnt hold Nellie Blys interest. Mexico Nellie Bly arranged to travel to Mexico as a reporter. She took her mother along as a chaperone, but her mother soon returned, leaving her daughter to travel unchaperoned, unusual for that time, and somewhat scandalous. Nellie Bly wrote about Mexican life, including its food and culture- but also about its poverty and the corruption of its officials. She was expelled from the country and returned to Pittsburgh, where she began reporting for the Dispatch again. She published her Mexican writings as a book, Six Months in Mexico, in 1888. But she was soon bored with that work, and quit, leaving a note for her editor, Im off for New York. Look out for me. Bly. Off for New York In New York, Nellie Bly found it difficult to find work as a newspaper reporter because she was a woman. She did some freelance writing for the Pittsburgh paper, including an article about her difficulty in finding work as a reporter. In 1887, Joseph Pulitzer of the New York World hired her, seeing her as fitting into his campaign to expose all fraud and sham, fight all public evil and abuses- part of the reformist trend in newspapers of that time. Ten Days in a Mad House For her first story, Nellie Bly had herself committed as insane. Using the name Nellie Brown, and pretending to be Spanish-speaking, she was first sent to Bellevue and then, on September 25, 1887, admitted to Blackwells Island Madhouse. After ten days, lawyers from the newspaper were able to get her released as planned. She wrote of her own experience where doctors, with little evidence, pronounced her insane and of other women who were probably just as sane as she was, but who didnt speak good English or were thought to be unfaithful. She wrote of the horrible food and living conditions, and the generally poor care. The articles were published in October 1887 and were widely reprinted across the country, making her famous. Her writings on her asylum experience were published in 1887 as Ten Days in a Mad House. She proposed a number of reforms- and, after a grand jury investigation, many of those reforms were adopted. More Investigative Reporting This was followed with investigations and exposà ©s on sweatshops, baby-buying, jails, and corruption in the legislature. She interviewed Belva Lockwood, the Woman Suffrage Party presidential candidate, and Buffalo Bill, as well as the wives of three presidents (Grant, Garfield, and Polk). She wrote about the Oneida Community, an account republished in book form. Around the World Her most famous stunt, though, was her competition with the fictional Around the World in 80 Days trip of Jules Vernes character, Phileas Fogg, an idea proposed by G. W. Turner. She left from New York to sail to Europe on November 14, 1889, taking only two dresses and one bag. Traveling by many means including boat, train, horse, and rickshaw, she made it back in 72 days, 6 hours, 11 minutes and 14 seconds. The last leg of the trip, from San Francisco to New York, was via a special train provided by the newspaper. The World published daily reports of her progress and held a contest to guess her return time, with over a million entries. In 1890, she published about her adventure in Nellie Blys Book: Around the World in Seventy-Two Days. She went on a lecture tour, including a trip to Amiens, France, where she interviewed Jules Verne. The Famous Female Reporter She was, now, the most famous female reporter of her time. She quit her job, writing serial fiction for three years for another New York publication- fiction that is far from memorable. In 1893 she returned to the World. She covered the Pullman strike, with her coverage having the unusual distinction of paying attention to the conditions of the strikers lives. She interviewed Eugene Debs and Emma Goldman. Chicago, Marriage In 1895, she left New York for a job in Chicago with the Times-Herald. She only worked there for six weeks. She met Brooklyn millionaire and industrialist Robert Seaman, who was 70 to her 31 (she claimed she was 28). In just two weeks, married him. The marriage had a rocky start. His heirs- and a previous common-law wife or mistress- were opposed to the match. She went off to cover a womens suffrage convention and interview Susan B. Anthony; Seaman had her followed, but she had the man he hired arrested and then published an article about being a good husband. She wrote an article in 1896 on why women should fight in the Spanish American War- and that was the last article she wrote until 1912. Nellie Bly, Businesswoman Nellie Bly- now Elizabeth Seaman- and her husband settled down, and she took an interest in his business. He died in 1904, and she took over the Ironclad Manufacturing Co. which made enameled ironware. She expanded the American Steel Barrel Co. with a barrel that she claimed to have invented, promoting it to increase the success appreciably of her late husbands business interests. She changed the method of payment of workers from piecework to a salary and even provided recreation centers for them. Unfortunately, a few of the long term employees were caught cheating the company, and a long legal battle ensued, ending in bankruptcy, and employees sued her. Impoverished, she began writing for the New York Evening Journal. In 1914, to avoid a warrant for obstructing justice, she fled to Vienna, Austria- just as World War I was breaking out. Vienna In Vienna, Nellie Bly was able to watch World War I unfolding. She sent a few articles to the Evening Journal. She visited the battlefields, even trying out the trenches, and promoted U.S. aid and involvement to save Austria from Bolsheviks. Back to New York In 1919, she returned to New York, where she successfully sued her mother and brother for the return of her house and what remained of the business she had inherited from her husband. She returned to the New York Evening Journal, this time writing an advice column. She also worked to help place orphans into adoptive homes and adopted a child herself at age 57. Nellie Bly was still writing for the Journal when she died of heart disease and pneumonia in 1922. In a column published the day after she died, famous reporter Arthur Brisbane called her the best reporter in America. Key Facts Family: Mother: Mary Jane Kennedy Cummings (her second marriage, the first was childless)Father: Michael Cochran (mill owner and county judge; had 10 [or 12?] children from a first marriage)Siblings: two full siblings, and 10 (or 12?) half-siblings from her fathers first marriageHusband: Robert Livingston Seaman (married April 5, 1895, when he was 70; millionaire industrialist)Children: none from her marriage, but adopted a child when she was 57 Education: early education at homeIndiana State Normal School, Indiana, Pennsylvania Known for: investigative reporting and sensationalist journalism, especially her commitment to an insane asylum and her around-the-world stunt Occupation: journalist, writer, reporter Dates: May 5, 1864-January 27, 1922; she claimed 1865 or 1867 as her birth year) Other Names: Elizabeth Jane Cochran (birth name), Elizabeth Cochrane (a spelling she adopted), Elizabeth Cochrane Seaman (married name), Elizabeth Seaman, Nelly Bly, Pink Cochran (childhood nickname) Books by Nellie Bly Ten Days in a Mad-House; or Nellie Blys Experience on Blackwells Island. Feigning Insanity in order to Reveal Asylum Horrors.... 1887.Six Months in Mexico. 1888.The Mystery in Central Park. 1889.Outline of Bible Theology! Exacted from a Letter by a Lady to the New York World of 2nd June, 1889. 1889.Nellie Blys Book: Around the World in Seventy-Two Days. 1890. Books About Nellie Bly: Jason Marks. The Story of Nellie Bly. 1951.Nina Brown Baker. Nellie Bly. 1956.Iris Noble. Nellie Bly: First Woman Reporter. 1956.Mignon Rittenhouse. The Amazing Nellie Bly. 1956.Emily Hahn. Around the World with Nellie Bly. 1959.Terry Dunnahoo. Nellie Bly: A Portrait. 1970.Charles Parlin Graves. Nellie Bly, Reporter for the World. 1971.Ann Donegan Johnson. The Value of Fairness: The Story of Nellie Bly. 1977.Tom Lisker. Nellie Bly: First Woman of the News. 1978.Kathy Lynn Emerson. Making Headlines: A Biography of Nellie Bly. 1981.Judy Carlson. Nothing Is Impossible, Said Nellie Bly. 1989.Elizabeth Ehrlich. Nellie Bly. 1989.Martha E. Kendall. Nellie Bly: Reporter for the World. 1992.Marcia Schneider. First Woman of the News. 1993.Brooke Kroeger. Nellie Bly: Daredevil, Reporter, Feminist. 1994.

Using technology in class Essay Example | Topics and Well Written Essays - 500 words

Using technology in class - Essay Example Akhtar says that multitasking interferes with the accuracy and quality of work being done by students. For that matter, college students using laptops, tablets, phones and social media in class perform poorly (Akhtar, 33). Technology does not enhance the learning experience of students; instead, it interferes with the accuracy and quality of work that students do during classroom setting (Akhtar, 33). For that matter, technology makes students become less attentive and focused in class. There should be no certain cases in which only some certain technological devices should be allowed by professors. For example, there should no cases when a cell phone should be allowed in class by professors. A cell phone has several negative effects on the performance of a student. The major effect of using a cell phone in a class is distraction (Kiuhara, 101). When the phone rings while students are in a class, attention is distracted. Thus, students may miss the point that a teacher is passing across. Also, when students go with phones to classes, their attention is distracted when they start scrolling through the phone, listening to music while a class is on, looking at pictures and videos in the phone. All these things that students do with their cell phones in a classroom setting negatively affects their performance since they are pushed into multitasking. Students who are poor at multitasking, but use phones frequently, lose a lot since they do not understand anything their professors teach. Also, using cell phones in class distracts other students who may be curious to know what the phone has, how it looks like and the specifications of the phone. For that matter, there should be no cases when some technological devices should be allowed in class, in fact, the devices should be banned in class. As much as people argue that the success of college students is correlated with the usage and dependence on

Darwin and Social Darwinism Essay Example | Topics and Well Written Essays - 1000 words

Darwin and Social Darwinism - Essay Example Owing to the general environment and direction of knowledge in the era, Lamarck’s theoretical perspective surfaced as a dominant conjectural framework on the matter during the timeframe. Lamarck’s comprehension of life forms suggested that the species’ desire to adapt perfectly and successfully into the environment prompted the utilization of their body parts in a certain manner which would eventually impact their overall structures, depending upon how the body parts were used (Schlinger and Poling 75). The crux of this comprehension postulates that these structural changes are such that they can be transported to the progeny of the species as per Lamarck’s argument. This theoretical model which is termed as the inheritance of acquired characteristics establishes the foundation for that a need for adapting within the wider context of the environment aided the species’ journey towards perfection where a point of perfection was eventually attained and the transformation of life forms ceased to exist at that stage (Schlinger and Poling 75). However, the weakness of Lamarck’s suggestions lies in a lack or even scarcity of evidence whic h should be presented so that his findings can be marked with the stamp of validity. Indeed even regular observations of individuals and their offspring can shed light on the fact that the physical traits of an athlete cannot be passed upon to his/her child in the form of agility and dexterity if the offspring does not expend similar effort to attain the desired outcomes. Schlinger and Poling understand that Darwin’s theoretical premise was developed as a consequence his journey on H.M.S Beagle which allowed him to explore the vastness of life forms and creations that had previously remained unexplored (76). Thus, a strong point of disagreement between Darwin’s theory of natural selection and Lamarck’s stance on

My Personal Faith Essay Example for Free

My Personal Faith Essay My personal faith and beliefs contribute to every aspect of my life. I come from a Christian family and a congregation of baptized believers in the Lord Jesus Christ. My parents have always given me unconditional love and dedication, while teaching me healthy boundaries pertaining to life. Such as always putting the Lord first, being more concerned about the pain of consequences for irresponsibility, the rights and wrongs of my behavior, and what pain any of my actions may cause for others and God. My faith has enabled me to handle life challenges from my past and present. Some of these challenges have been series of events that I could hardly believe were happening, while others came with great joy. At five years old, my younger brother, Chandler, died unexpectedly. This was a tough challenge for my whole family to face. This challenge could have easily torn my family apart but together, as a team with God, we worked hard at picking up the pieces and moving forward even when there were days that seemed to be impossible. In the fifth grade, I was diagnosed with a common learning disability known as Attention Deficit Disorder. I am faced with this challenge on a daily basis. I have learned to cope with this disorder over the years by making prayer and patience priorities in helping me conquer this challenge. This challenge was especially difficult during my SAT and ACT tests. Certain scores on these tests were required to get into college and play NCAA football. The stress and pressure of taking these tests felt unbearable at times. While studying and before and during each test, I would remind myself that, through God, all things are possible. With God by my side, I was able to achieve the scores needed to reach my college and athletic goals. Varsity football has had an enormous impact on me during high school because it taught me how dedication and determination would help me succeed in academics as well as in extracurricular activities. Being part of a team helped me develop leadership skills within myself. Each time I step on the field, I put forth an effort to play my best. For me, each game started with a prayer that God would help me make good decisions and keep me and my team safe, win or lose. I earned many Regional and State awards for my achievements in football. All District First Team Defense 2011 and All Region Second Team Defense 2011 were two of my greatest achievements. Again, through God, all things are possible. Strong faith, good character and determination to succeed and live â€Å"a life that matters† can help anyone overcome any challenging situation that they are faced with in their lifetime. They also produce hope within oneself and set the foundation for an integral person to build on their morals and values. I plan to influence others to live â€Å"a life that matters† by staying true to my faith and hope within myself and allowing patience and perseverance to always be a strong characteristic of my character. I am going into the nursing program at Shepherd University in the fall. I plan to further my education into physical therapy. After my education is finished and I enter the working world, I want my greatest accomplishments to be encountering someone daily that I can portray my faith and integrity to that will make a difference in both our lives. I want to be able to reflect back on myself as a person who lived my entire life as one that mattered regardless of what stage of life or challenge that I am faced with at that time. As Christians, we are called and obligated to serve God with our time, talents, and material possessions but we must also recognize these areas as being entrusted to us to be used for the glory of God and helping others. God wants us to seek to bring others under the sway of righteousness, truth, and brotherly love.

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Document Analysis Paper Frederick Douglass made the most of his years after escaping from slavery in 1852. Douglass spread his words against slavery through being a well-known writer. Douglass was one of the most prominent reform leaders of his era (Foner, 481). A popular document written by Frederick Douglass on July 5th, 1852, spread some powerful words among the nation. Douglass’s speech was titled â€Å"What to the slave is the Fourth of July†. When his speech was published, his intended audience was his â€Å"fellow citizens† and those unaware that the Fourth of July was a day of mourning for slaves; unlike white Americans celebrating the day of freedom. The reason Douglass’s speech was published was to bring attention to the separation on the Fourth of July between white and black Americans. Even though Frederick Douglass was free he could not celebrate but mourn the day for horror of the past and presence of slave cruelty. Frederick Douglass’s speech was given to so many of his own people. The fact that Douglass speaks so harshly to them proves that he has passion for what he talks about through-out. â€Å"What to the slave is the Fourth of July†, compares and contrasts the different meanings the Fourth of July shared between Whites and African Americans. Douglass says â€Å"What, to the American slave, is your 4th of July? I answer: a day that reveals to him, more than all other days in the year, the gross injustice and cruelty to which he is the constant victim†. Frederick Douglass was not striving for the attention, he just wanted to get across that the Fourth of July is not a day of celebration to African Americans and the respect he shared with them, having once being a slave himself. Frederick Douglass was asked by Rochester cit... ...ederick Douglass once said, â€Å"From the time that I can remember having any thoughts about anything, I recall that I had an intense longing to learn to read† (Douglass, 13). He always was determined and came a long way. He took his opportunity to give a speech during the celebration of the Fourth of July. Though to Douglass â€Å"Celebrations are a thin veil to cover up crimes which would disgrace a nation of savages†. (Foner, 481). He made it clear of these crimes to those who wanted a speech to be given. He ends his amazing speech with a statement he has been working to prove all along†¦ The Fourth of July is a dissatisfying reminder to him and his people of the cruelty and pain he has been through and what is going on. Frederick Douglass knows the past cannot be undone, but he will not celebrate, he will mourn for those who have been forced to sacrifice their freedom.

Examining the Consequences of School Bullying and Provocation

BULLYING A Research Paper Presented To Prof. Ma. Victoria R. Protacio City University of Pasay (CUP) In Partial Fulfillment Of the Requirements For English II Submitted by: Ailyn Catolico BPG 1-1 March 4, 2013 Table of Contents Pages I. Acknowledgment 1 II. Introduction 2 III. Body A. The Problem and its Background 4 * Statement of the Problem/Objectives 4 * How does it affect the teaching of the teachers in the future 6 * Why is it the topic important 6 * Implication for Future Teaching 7 * What led them to this research 7B. Compilation of Philippine Laws on Discipline and Punishment of Children 9 * The 1987 Constitution of the Republic of the Philippines 9 * Rights of the Accused 9 * Court Order for Disciplinary Measures 9 C. Methodology 10 D. Related Literature 11 * Local Literature 11 * Foreign Literature 12 IV. Conclusion 13 V. Definition of terms 15 VI. Reference/Bibliography AcknowledgementThe researcher’s wishes to express their deepest gratitude to the special people who have extended their assistance for the success of this study; The Almighty God, who is the source of life and strength of knowledge and wisdom. To the fellow classmates, for sharing their knowledge and idea in helping the researchers in the construction of the project and for their genuine apprehension, encouragement, patient and guidance and whose expertise and knowledge were generously shared. To the beloved parents and guardians for untiring love and support. The Lord and Savior Jesus Christ, this piece of work was heartily offered.Introduction The aim of this research was to determine the bullying and effects of it in classroom. Although it is not always obvious, students are bullied as early as elementary school. Instances of bullying make take place in school, during after-school programs, on the school bus, and in neighborhoods. This research focuses on the occurrence of bullying in classroom. It also focuses on ways to help students cope with the incidents of bullying. T he impact of bullying and victimization is assessed by taking into account the relative buffering effect of a positive relationship with one or both parents.Internalizing symptoms such as withdrawn behaviors, somatic complaints, and anxiety and depression. Bullying others directly by hitting, threatening, or calling names is not a significant predictor the poor mental and somatic health of youngsters, whereas indirect bullying (spreading rumors or not talking to someone on purpose) does significantly predict anxiety and depression, as well as withdrawn behaviors. The negative impact of victimization and bullying is buffered by youngsters’ positive relationship with one or both parents.Recommendations are provided with regard to possible intervention strategies underlying the importance of distinguishing between different forms of bullying and victimization and providing social support in each different case. Unfortunately, bullying is an unavoidable part of life for children, but what it is the best way to deal with bullying so that both the bully and the victim can grow from the experience and become better people? Before this question can be answered, it is important to explore every aspect involved with bullying.Specifically, we need to look at everything that bullies do, the way it affects both the victim and the bully, and exactly how much bullying currently occurs in schools. Bullying is very frequent and since the beginning of time it has plagued schools all over the world. It is a major issue in today’s world and is well-worthy of discussion. Most of the time when people think of bullying going on in schools, one generic picture comes to mind; a big, scary boy coming along to a younger, punier child and saying, â€Å"Give me your lunch money dork! then the bully proceeds to turn the victim upside down to empty his pockets for lunch money. However, bullying is not always that simple, and there does not necessarily need to be physical viol ence involved in order for something to be considered bullying. The Problem and its Background Statement of the Problem/Objectives There are different types of bullies that are common in schools today; physical bullies, verbal bullies, and relational bullies. Physical bullies are just what they sound like, physical.These types of bullies tend to hit, kick, punch, shove, or use any other type of physical exertion of energy towards other. Verbal bullies are the types of bullies that use harsh words such as name-calling, insults, racial comments, or comments about another student’s physical appearance in order to degrade their victim. Verbal bullying is the most commonly reported type of bullying. Finally, relational bullies will act by singling out their victim from their peer group. This is mostly done by the bully using verbal threats or spreading undesirable rumors about their victims.While these types of bullying are not necessarily the stereotypical pictures that come to m ind when thinking about bullies, they are all very serious and can possibly have some serious detrimental effects on both parties involved. This research was to investigate the impact of physical, verbal and social bullying in school, thereby improving the knowledge base and insight of counselors who work with victims of bullying. The study was feasible, as it was within the financial and practical means of the researcher. This quantitative study endeavored to answer the following research question: * What is the impact of bullying in the students? Is bullying in school a normal part of life? * Do the independent variables – perceptions of school climate variables and school membership (the school a student attends) – have a significant relationship with the students reporting being involved in bullying at all, whether as a bully or as a victim? The problem of bullying at school is a complex problem that emerges from social, physical, institutional and community contex ts, as well as the individual characteristics of the students who are bullied and victimized (Swearer & Doll (2001)).A useful framework for understanding bullying is Bronfenbrenner’s ecological system theory (1979; 1993). When the ecological perspective is applied to bullying, a bullying interaction occurs not only because of individual characteristics of the child who is bullying, but also because of actions of peers, teachers and school staff, and physical characteristics of the school environment. How students perceive all these factors will be referred to as school climate in thus study. Families, cultural factors, and even community factors also play a role in the occurrence of the bullying interaction.The ecological system theory, as conceptualized by Bronfenbrenner, has been used to study complex behaviors of children and adolescents. Bronfenbrenner’s ecological system theory is a useful framework in this study for several reasons. This ecological system theory takes into account that the student is not merely acted upon by the environment. The student is both active and reactive. Strength of framing this study using Bronfenbrenner’s ecological theory is that it takes into account not just the environment, but student’s perceptions of the environment.This is important, because it accounts for why two students in similar environments may exhibit wildly different behaviors (Thomas, 1996). In summary, bullying is best conceptualized as intrinsic factors in the student interacting with the social environment, which then serves to reinforce bullying and/or victimization behaviors. Bullying is a serious problem that can dramatically affect the ability of students to progress academically and socially. A comprehensive intervention plan that involves all students, parents, and school staff is required to ensure that all students can learn in a safe and fear-free environment.How does it affect the teaching of the teachers, and how wil l it affect the teaching of the teachers in the future? One of core beliefs as students is that students need a safe, comfortable environment in order for learning to occur. The researcher feels that if students are being bullied in school and in school-related situations, then their attention is not focused primarily on learning; it is divided between academics and concern about negative social situations that are associated with schools.In order to create a safe environment where the students can thrive as learners, they have decided to inquire into a phenomenon that often precludes students from thriving – bullying. It is their hope and intention that by learning more about the phenomenon of school bullying, they can take measures to prevent bullying in schools. These preventative measures include fostering positive attitudes and empathy in schools to reduce the occurrence of bullying that the students face and teach those coping strategies with which they feel comfortable using when they are bullied.Why is it the topic important? In the past, bullying was considered a part of growing up; now, psychologists are warning parents and teachers that bullying is a problem that could result in serious consequences for victims and bullies alike. One reason that bullying is a problem in schools is because people have not changed their thinking from that of the past – which bullying is simply a part of growing up, and kids need to learn to deal with it. They want you to believe that if cognitions about bullying were changed, the occurrence of bullying would decrease.They would agree: â€Å"If students attend schools in which bullying behaviors are accepted by adults and peers, it is plausible that they will engage in more of these behaviors. † The opposite would likewise be true – if students attend a school where bullying is not accepted, then it is possible that there will be fewer occurrence of bullying in that school over time. Implica tion for Future Teaching From this research, they want you to learned several things about the practice as students.They want you have a good communication between home and school so that parents and teachers understand your beliefs as students and that they feel the schools should be a safe environment in which you can learn. This way, you will feel comfortable sharing your feelings with us and to your parents and teachers, and you will model giving compliments and have your practice giving compliments to your parents in order to help facilitate more frequent use of the compliment and proposal study. You can also try using other activities in the meetings to help the students understand the different aspects of the bullying problem.You can use role play scenarios to give the students the opportunity to practice their responses to bullying situations and to help them understand how it feels to be â€Å"in the shoes† of everyone involved in a bullying situation. They also want you to realize that no matter what school levels we are, it will be important to address these issues as well as other issues such as general community-building and character education in order to guide the students to appropriate social behaviors. What led them to this research?They have been interested in bullying since they heard it in news. They were originally interested in how teachers and school staff helped children to cope with and understand the effects of bullying in schools. In their research for this, they found that many teachers were using similar strategies for coping with bullying. Their interest narrowed down to bullying in schools. The more they earned about bullying, the more interested in it they became because bullying is so embedded in our society that many adults and children do not recognize its many forms.Manifestations of bullying are overt as well as covert. The physical bullying and verbal harassment are considered overt forms of bullying, but bullying also includes covert behaviors such as spreading rumors and social exclusion. At the end of their secondary school, they submitted an honors thesis proposal indicating research topic for senior honors thesis for the High School. They continued to do more research and read books and articles about the topic of bullying. The literature suggests that bullying is a salient problem in the country, ven in elementary school, and it can have negative effects later in life. According to the article â€Å"Bullying: Facts for schools and parents,† â€Å"bullying is the most common form of violence in our society† (Cohn & Canter, 2003, p. 1). Although bullying has negative consequences for everyone involved in a bullying situation, Banks’ article â€Å"Bullying in schools† states that there is a strong correlation between bullying during school years and having criminal or legal problems in adulthood (1997).As a people who were educated in the Philippines, they can a ttest to having different types of bullying experiences throughout school, and they believe that most people would admit to experiencing a bullying situation at some point in their life. Considering their position as a secondary high school for the entire year, they realized that not only did they need to think of ways to help children cope with bullying situations in their own lives; they needed to also consider ways to prevent it from occurring.After some thinking, they decided that if they could find a way to foster empathy in schools, then the students would feel compassionate toward victims of bullying and come to their aid, as well as not want to bully someone because they can imagine what it must be like to â€Å"be in that person’s shoes†. Compilation of Philippine Laws on Discipline and Punishment of Children THE 1987 CONSTITUTION OF THE REPUBLIC OF THE PHILLIPINES The 1987 Constitution of the Philippines (Constitution) is the supreme written law in the countr y and it serves as the basic framework for any act or rule of any branch or agency of the government.All laws must comply with its provisions, otherwise it will be declared as void. Hence, it is necessary to refer to the Constitution and examine how it views the development of children in the context of the family and educational institutions. Rights of the Accused The Bill of Rights (Article III, Constitution) enshrines the rights of any person, including children in conflict with the law, under investigation for the commission of an offense. Article III, Section 12 specifically prohibits the following: 2. No torture, force, violence, threat, intimidations, or any other means hich vitiate the free will shall be used against [any person under investigation for the commission of an offense]. Secret detention places, solitary, incommunicado, or other similar forms of detention are prohibited. Court Order for Disciplinary Measures As a means of assisting parents in imposing discipline on a child, Article 223 provides that parents or, in their absence or incapacity, the individual, entity or institution exercising parental authority, may file a petition before the proper court of the place where the child resides, for an order providing for disciplinary measures over the child.The article also provides that the â€Å"child shall be entitled to the assistance of counsel, either of his choice or appointed by the court, and a summary hearing shall be conducted wherein the petitioner and the child shall be heard. † The court is authorized to adopt such other measures as it may deem just and proper, including the â€Å"commitment of the child children’s homes duly accredited by the proper government agency. † Related Literature Upon researching the bullying and how it has become a common issue in schools today, the following literature was found through the search.To address the issue of bullying, the interventions and roles of school counselors ne ed to be considered. In order for this to be done, a clear understanding of how prevalent bullying is, the intervention strategies used, and the roles that school counselors play in this terrifying act needs to be addressed. Local Literature In 2001, the United Nations General Assembly, upon the request of the Committee on the Rights of the Child, called for the conduct of an in-depth study on violence against children through a resolution.The study seeks to provide an in-depth global picture of violence against children as well as propose clear recommendations for the improvement of legislation, policy, and programmed relating to the prevention of and responses to violence against children. Save the Children UK in the Philippines was greatly involved in the research initiatives of the Alliance on the physical and emotional punishment of children through its Research on the Physical and Emotional Punishment of Filipino Children, which was conducted in Cebu City in the Visayas and in Caloocan City in Metro Manila.The research provides information on: (1) What children think about physical punishment; (2) The types of punishment inflicted on children; (3) The context of punishment (settings such as homes, schools, streets, institutions, and juvenile justice); (4) Who punishes children and why; (5) What adults think about physical punishment and discipline; and (6) Local means of non-violent conflict resolution, which can be used in programme interventions and advocacy (Save the Children UK, 2006).According to the National Parent Teacher Association (2000) research has shown that effectively engaging parents and families in the education of their children has the potential to be far more transformational than any other type of educational reform. Foreign Literature In October 2004, according to Helen Phillips, San Diego, the age at which kids first fall victim to bullying could influence how strongly they are affected, suggests a new study. And, surprisingly, it is not the youngest kids who are hurt the most in the long term.Bullying can have long-lasting effects, but particularly when it begins in adolescence, the researchers say. People subjected to either verbal or physical bullying are known to be at greater risk for developing depression, anxiety disorders or to behave violently. But not everyone reacts in this way. Children bullied for the first time before they hit puberty seem to get over it, but those are victimized for the first time late on in puberty seem to become more aggressive or are more likely to turn to drink as a means of coping. Much research has been devoted to the subject of parental involvement and how it affects the lives of children.Major legislation such as the Goals 2000, the Educate American Act and the reauthorization of the Elementary and Secondary Act (ESEA) have made parental involvement a national priority (Kyle, McIntyre, Miller, & Moore 2002). Methodology This research will address a problem that facing c hildren of all ages; this serious issue is bullying. The problem of bullying in schools is an important issue that needs to be further addressed. The specific aspects of bullying that need to be further studied are what causes bullies to bully peers and how victims cope with the way they are being treated by classmates at school.When teens bully, it is likely they are experiencing some sort of personal problem that needs treatment, and those who are victims develop problems that need to be treated. All students who are involved with bullying, regardless of whether they are bullies or victims, need interventions before more serious issues develop. The problems both victims and bullies face can affect society as a whole since they can lead to more violent acts, suicides, and an increase in substance abuse.The more that is known about the issues associated with bullying, the more social workers can do to prevent it and develop better understandings of how to treat bullies and victims. This research will further explore causes of bullying behaviors and the coping mechanisms victims’ issue. The information gathered can potentially be useful in raising awareness on this topic and for creating new policies on bullying. Conclusion Based on the findings, the following conclusions are given concluded: Bullies react aggressively in response to provocation or perceived insults or slights.It is unclear whether their acts of bullying give them pleasure or are just the most effective way they have learned to get what they want from other. Bullying negatively affects both the child being victimized and the child who is the bully. There are always short-term affects and if the bullying is severe enough there can also be long term effects. Children who are bullied can suffer from low self esteem and other emotional problems and children who do the bullying are much more likely to have problems with drugs and alcohol later in life.The victims of bullies often loose self e steem, start having trouble in school, and withdraw from friends and activities. If it is not stopped and continues for long enough, children can suffer these problems permanently. Not being able to understand the harm they do to themselves, psychopathic bullies are particularly dangerous. Bullying should not be taken lightly as it can cause serious problems for all the children involved. Being bullied is a very stressful ordeal for children. Many bullying victims are reluctant to talk about their experiences making it even harder to help them.Never tell the child just to ignore the bullying. They will feel as if you are just going to ignore it and they should not have bothered to tell in the first place. Make contact with bully’s parents. Often they are unaware of their child’s behavior and will want to help work with you to make positive changes. Do not allow your child to hang around empty playgrounds or stay late at school alone. Teach them to always use the buddy system. Sometimes children exhibit certain behaviors that irritate or provoke others.If this is the case, help the child to find more suitable ways to interact with friends and peer groups. Bullying will forever plague schools all over the world and it is vital to know ways in which teachers and parents can work together in order to lessen the blow bullying has on society, and keep our children safe and happy. A higher quality of life for students where they can focus on their academics at school rather than on bullies will provide them with less stressful lives and prevent many of the problems, such as depression and suicide, which can oftentimes be linked to childhood violence.Definition of Key Terms * Anxiety – a nervous feeling caused by fear that something bad is going to happen; worry. * Buffering – a person or thing that reduces a shock or protects somebody or something against difficulties. * Bully – a person who uses his or her strength or power to frig hten or hurt weaker people. * Bullying – is a form of aggressive behavior manifested by the use of force or coercion to affect others, particularly when the behavior is habitual and involves an imbalance of power. * Depression – to make somebody sad and without enthusiasm or hope. Detrimental – harmful. * Feasible – that can be done; practical. * Impact – a strong effect or impression. * Institution – an organization established for social, educational, religious, etc. purposes. * Intervention – to become involved in a situation, especially so as to prevent something happening or to try to help somebody. * Recommendation – to suggest a course of action; to advise something. * School – educational institution for pupils up to 19 years of age. Reference/Bibliography Website/Internet * http://www. olweus. rg/public/authors. page * http://www. google. com. ph/url? sa=t&rct=j&q=research%20paper%20about%20bullying&source=web&c d=5&cad=rja&sqi=2&ved=0CGwQFjAE&url=http%3A%2F%2Feportfolios. ithaca. edu%2Fcmoses1%2Fdocs%2Fbullying. doc&ei=bsM1UaT4K4iOiAfv6IHgAg&usg=AFQjCNEwrr4Ecj-700ei_BMFwMutkTIhcA&bvm=bv. 43148975,d. aGc * http://www. slideshare. net/victoriasantos9822924/bullying * http://www. ed. psu. edu/educ/pds/teacher-inquiry/2006/plackek. pdf * http://www. rb. se/eng/Programme/TheUNStudyonViolenceagainstChildren. htm Examining the Consequences of School Bullying and Provocation BULLYING A Research Paper Presented To Prof. Ma. Victoria R. Protacio City University of Pasay (CUP) In Partial Fulfillment Of the Requirements For English II Submitted by: Ailyn Catolico BPG 1-1 March 4, 2013 Table of Contents Pages I. Acknowledgment 1 II. Introduction 2 III. Body A. The Problem and its Background 4 * Statement of the Problem/Objectives 4 * How does it affect the teaching of the teachers in the future 6 * Why is it the topic important 6 * Implication for Future Teaching 7 * What led them to this research 7B. Compilation of Philippine Laws on Discipline and Punishment of Children 9 * The 1987 Constitution of the Republic of the Philippines 9 * Rights of the Accused 9 * Court Order for Disciplinary Measures 9 C. Methodology 10 D. Related Literature 11 * Local Literature 11 * Foreign Literature 12 IV. Conclusion 13 V. Definition of terms 15 VI. Reference/Bibliography AcknowledgementThe researcher’s wishes to express their deepest gratitude to the special people who have extended their assistance for the success of this study; The Almighty God, who is the source of life and strength of knowledge and wisdom. To the fellow classmates, for sharing their knowledge and idea in helping the researchers in the construction of the project and for their genuine apprehension, encouragement, patient and guidance and whose expertise and knowledge were generously shared. To the beloved parents and guardians for untiring love and support. The Lord and Savior Jesus Christ, this piece of work was heartily offered.Introduction The aim of this research was to determine the bullying and effects of it in classroom. Although it is not always obvious, students are bullied as early as elementary school. Instances of bullying make take place in school, during after-school programs, on the school bus, and in neighborhoods. This research focuses on the occurrence of bullying in classroom. It also focuses on ways to help students cope with the incidents of bullying. T he impact of bullying and victimization is assessed by taking into account the relative buffering effect of a positive relationship with one or both parents.Internalizing symptoms such as withdrawn behaviors, somatic complaints, and anxiety and depression. Bullying others directly by hitting, threatening, or calling names is not a significant predictor the poor mental and somatic health of youngsters, whereas indirect bullying (spreading rumors or not talking to someone on purpose) does significantly predict anxiety and depression, as well as withdrawn behaviors. The negative impact of victimization and bullying is buffered by youngsters’ positive relationship with one or both parents.Recommendations are provided with regard to possible intervention strategies underlying the importance of distinguishing between different forms of bullying and victimization and providing social support in each different case. Unfortunately, bullying is an unavoidable part of life for children, but what it is the best way to deal with bullying so that both the bully and the victim can grow from the experience and become better people? Before this question can be answered, it is important to explore every aspect involved with bullying.Specifically, we need to look at everything that bullies do, the way it affects both the victim and the bully, and exactly how much bullying currently occurs in schools. Bullying is very frequent and since the beginning of time it has plagued schools all over the world. It is a major issue in today’s world and is well-worthy of discussion. Most of the time when people think of bullying going on in schools, one generic picture comes to mind; a big, scary boy coming along to a younger, punier child and saying, â€Å"Give me your lunch money dork! then the bully proceeds to turn the victim upside down to empty his pockets for lunch money. However, bullying is not always that simple, and there does not necessarily need to be physical viol ence involved in order for something to be considered bullying. The Problem and its Background Statement of the Problem/Objectives There are different types of bullies that are common in schools today; physical bullies, verbal bullies, and relational bullies. Physical bullies are just what they sound like, physical.These types of bullies tend to hit, kick, punch, shove, or use any other type of physical exertion of energy towards other. Verbal bullies are the types of bullies that use harsh words such as name-calling, insults, racial comments, or comments about another student’s physical appearance in order to degrade their victim. Verbal bullying is the most commonly reported type of bullying. Finally, relational bullies will act by singling out their victim from their peer group. This is mostly done by the bully using verbal threats or spreading undesirable rumors about their victims.While these types of bullying are not necessarily the stereotypical pictures that come to m ind when thinking about bullies, they are all very serious and can possibly have some serious detrimental effects on both parties involved. This research was to investigate the impact of physical, verbal and social bullying in school, thereby improving the knowledge base and insight of counselors who work with victims of bullying. The study was feasible, as it was within the financial and practical means of the researcher. This quantitative study endeavored to answer the following research question: * What is the impact of bullying in the students? Is bullying in school a normal part of life? * Do the independent variables – perceptions of school climate variables and school membership (the school a student attends) – have a significant relationship with the students reporting being involved in bullying at all, whether as a bully or as a victim? The problem of bullying at school is a complex problem that emerges from social, physical, institutional and community contex ts, as well as the individual characteristics of the students who are bullied and victimized (Swearer & Doll (2001)).A useful framework for understanding bullying is Bronfenbrenner’s ecological system theory (1979; 1993). When the ecological perspective is applied to bullying, a bullying interaction occurs not only because of individual characteristics of the child who is bullying, but also because of actions of peers, teachers and school staff, and physical characteristics of the school environment. How students perceive all these factors will be referred to as school climate in thus study. Families, cultural factors, and even community factors also play a role in the occurrence of the bullying interaction.The ecological system theory, as conceptualized by Bronfenbrenner, has been used to study complex behaviors of children and adolescents. Bronfenbrenner’s ecological system theory is a useful framework in this study for several reasons. This ecological system theory takes into account that the student is not merely acted upon by the environment. The student is both active and reactive. Strength of framing this study using Bronfenbrenner’s ecological theory is that it takes into account not just the environment, but student’s perceptions of the environment.This is important, because it accounts for why two students in similar environments may exhibit wildly different behaviors (Thomas, 1996). In summary, bullying is best conceptualized as intrinsic factors in the student interacting with the social environment, which then serves to reinforce bullying and/or victimization behaviors. Bullying is a serious problem that can dramatically affect the ability of students to progress academically and socially. A comprehensive intervention plan that involves all students, parents, and school staff is required to ensure that all students can learn in a safe and fear-free environment.How does it affect the teaching of the teachers, and how wil l it affect the teaching of the teachers in the future? One of core beliefs as students is that students need a safe, comfortable environment in order for learning to occur. The researcher feels that if students are being bullied in school and in school-related situations, then their attention is not focused primarily on learning; it is divided between academics and concern about negative social situations that are associated with schools.In order to create a safe environment where the students can thrive as learners, they have decided to inquire into a phenomenon that often precludes students from thriving – bullying. It is their hope and intention that by learning more about the phenomenon of school bullying, they can take measures to prevent bullying in schools. These preventative measures include fostering positive attitudes and empathy in schools to reduce the occurrence of bullying that the students face and teach those coping strategies with which they feel comfortable using when they are bullied.Why is it the topic important? In the past, bullying was considered a part of growing up; now, psychologists are warning parents and teachers that bullying is a problem that could result in serious consequences for victims and bullies alike. One reason that bullying is a problem in schools is because people have not changed their thinking from that of the past – which bullying is simply a part of growing up, and kids need to learn to deal with it. They want you to believe that if cognitions about bullying were changed, the occurrence of bullying would decrease.They would agree: â€Å"If students attend schools in which bullying behaviors are accepted by adults and peers, it is plausible that they will engage in more of these behaviors. † The opposite would likewise be true – if students attend a school where bullying is not accepted, then it is possible that there will be fewer occurrence of bullying in that school over time. Implica tion for Future Teaching From this research, they want you to learned several things about the practice as students.They want you have a good communication between home and school so that parents and teachers understand your beliefs as students and that they feel the schools should be a safe environment in which you can learn. This way, you will feel comfortable sharing your feelings with us and to your parents and teachers, and you will model giving compliments and have your practice giving compliments to your parents in order to help facilitate more frequent use of the compliment and proposal study. You can also try using other activities in the meetings to help the students understand the different aspects of the bullying problem.You can use role play scenarios to give the students the opportunity to practice their responses to bullying situations and to help them understand how it feels to be â€Å"in the shoes† of everyone involved in a bullying situation. They also want you to realize that no matter what school levels we are, it will be important to address these issues as well as other issues such as general community-building and character education in order to guide the students to appropriate social behaviors. What led them to this research?They have been interested in bullying since they heard it in news. They were originally interested in how teachers and school staff helped children to cope with and understand the effects of bullying in schools. In their research for this, they found that many teachers were using similar strategies for coping with bullying. Their interest narrowed down to bullying in schools. The more they earned about bullying, the more interested in it they became because bullying is so embedded in our society that many adults and children do not recognize its many forms.Manifestations of bullying are overt as well as covert. The physical bullying and verbal harassment are considered overt forms of bullying, but bullying also includes covert behaviors such as spreading rumors and social exclusion. At the end of their secondary school, they submitted an honors thesis proposal indicating research topic for senior honors thesis for the High School. They continued to do more research and read books and articles about the topic of bullying. The literature suggests that bullying is a salient problem in the country, ven in elementary school, and it can have negative effects later in life. According to the article â€Å"Bullying: Facts for schools and parents,† â€Å"bullying is the most common form of violence in our society† (Cohn & Canter, 2003, p. 1). Although bullying has negative consequences for everyone involved in a bullying situation, Banks’ article â€Å"Bullying in schools† states that there is a strong correlation between bullying during school years and having criminal or legal problems in adulthood (1997).As a people who were educated in the Philippines, they can a ttest to having different types of bullying experiences throughout school, and they believe that most people would admit to experiencing a bullying situation at some point in their life. Considering their position as a secondary high school for the entire year, they realized that not only did they need to think of ways to help children cope with bullying situations in their own lives; they needed to also consider ways to prevent it from occurring.After some thinking, they decided that if they could find a way to foster empathy in schools, then the students would feel compassionate toward victims of bullying and come to their aid, as well as not want to bully someone because they can imagine what it must be like to â€Å"be in that person’s shoes†. Compilation of Philippine Laws on Discipline and Punishment of Children THE 1987 CONSTITUTION OF THE REPUBLIC OF THE PHILLIPINES The 1987 Constitution of the Philippines (Constitution) is the supreme written law in the countr y and it serves as the basic framework for any act or rule of any branch or agency of the government.All laws must comply with its provisions, otherwise it will be declared as void. Hence, it is necessary to refer to the Constitution and examine how it views the development of children in the context of the family and educational institutions. Rights of the Accused The Bill of Rights (Article III, Constitution) enshrines the rights of any person, including children in conflict with the law, under investigation for the commission of an offense. Article III, Section 12 specifically prohibits the following: 2. No torture, force, violence, threat, intimidations, or any other means hich vitiate the free will shall be used against [any person under investigation for the commission of an offense]. Secret detention places, solitary, incommunicado, or other similar forms of detention are prohibited. Court Order for Disciplinary Measures As a means of assisting parents in imposing discipline on a child, Article 223 provides that parents or, in their absence or incapacity, the individual, entity or institution exercising parental authority, may file a petition before the proper court of the place where the child resides, for an order providing for disciplinary measures over the child.The article also provides that the â€Å"child shall be entitled to the assistance of counsel, either of his choice or appointed by the court, and a summary hearing shall be conducted wherein the petitioner and the child shall be heard. † The court is authorized to adopt such other measures as it may deem just and proper, including the â€Å"commitment of the child children’s homes duly accredited by the proper government agency. † Related Literature Upon researching the bullying and how it has become a common issue in schools today, the following literature was found through the search.To address the issue of bullying, the interventions and roles of school counselors ne ed to be considered. In order for this to be done, a clear understanding of how prevalent bullying is, the intervention strategies used, and the roles that school counselors play in this terrifying act needs to be addressed. Local Literature In 2001, the United Nations General Assembly, upon the request of the Committee on the Rights of the Child, called for the conduct of an in-depth study on violence against children through a resolution.The study seeks to provide an in-depth global picture of violence against children as well as propose clear recommendations for the improvement of legislation, policy, and programmed relating to the prevention of and responses to violence against children. Save the Children UK in the Philippines was greatly involved in the research initiatives of the Alliance on the physical and emotional punishment of children through its Research on the Physical and Emotional Punishment of Filipino Children, which was conducted in Cebu City in the Visayas and in Caloocan City in Metro Manila.The research provides information on: (1) What children think about physical punishment; (2) The types of punishment inflicted on children; (3) The context of punishment (settings such as homes, schools, streets, institutions, and juvenile justice); (4) Who punishes children and why; (5) What adults think about physical punishment and discipline; and (6) Local means of non-violent conflict resolution, which can be used in programme interventions and advocacy (Save the Children UK, 2006).According to the National Parent Teacher Association (2000) research has shown that effectively engaging parents and families in the education of their children has the potential to be far more transformational than any other type of educational reform. Foreign Literature In October 2004, according to Helen Phillips, San Diego, the age at which kids first fall victim to bullying could influence how strongly they are affected, suggests a new study. And, surprisingly, it is not the youngest kids who are hurt the most in the long term.Bullying can have long-lasting effects, but particularly when it begins in adolescence, the researchers say. People subjected to either verbal or physical bullying are known to be at greater risk for developing depression, anxiety disorders or to behave violently. But not everyone reacts in this way. Children bullied for the first time before they hit puberty seem to get over it, but those are victimized for the first time late on in puberty seem to become more aggressive or are more likely to turn to drink as a means of coping. Much research has been devoted to the subject of parental involvement and how it affects the lives of children.Major legislation such as the Goals 2000, the Educate American Act and the reauthorization of the Elementary and Secondary Act (ESEA) have made parental involvement a national priority (Kyle, McIntyre, Miller, & Moore 2002). Methodology This research will address a problem that facing c hildren of all ages; this serious issue is bullying. The problem of bullying in schools is an important issue that needs to be further addressed. The specific aspects of bullying that need to be further studied are what causes bullies to bully peers and how victims cope with the way they are being treated by classmates at school.When teens bully, it is likely they are experiencing some sort of personal problem that needs treatment, and those who are victims develop problems that need to be treated. All students who are involved with bullying, regardless of whether they are bullies or victims, need interventions before more serious issues develop. The problems both victims and bullies face can affect society as a whole since they can lead to more violent acts, suicides, and an increase in substance abuse.The more that is known about the issues associated with bullying, the more social workers can do to prevent it and develop better understandings of how to treat bullies and victims. This research will further explore causes of bullying behaviors and the coping mechanisms victims’ issue. The information gathered can potentially be useful in raising awareness on this topic and for creating new policies on bullying. Conclusion Based on the findings, the following conclusions are given concluded: Bullies react aggressively in response to provocation or perceived insults or slights.It is unclear whether their acts of bullying give them pleasure or are just the most effective way they have learned to get what they want from other. Bullying negatively affects both the child being victimized and the child who is the bully. There are always short-term affects and if the bullying is severe enough there can also be long term effects. Children who are bullied can suffer from low self esteem and other emotional problems and children who do the bullying are much more likely to have problems with drugs and alcohol later in life.The victims of bullies often loose self e steem, start having trouble in school, and withdraw from friends and activities. If it is not stopped and continues for long enough, children can suffer these problems permanently. Not being able to understand the harm they do to themselves, psychopathic bullies are particularly dangerous. Bullying should not be taken lightly as it can cause serious problems for all the children involved. Being bullied is a very stressful ordeal for children. Many bullying victims are reluctant to talk about their experiences making it even harder to help them.Never tell the child just to ignore the bullying. They will feel as if you are just going to ignore it and they should not have bothered to tell in the first place. Make contact with bully’s parents. Often they are unaware of their child’s behavior and will want to help work with you to make positive changes. Do not allow your child to hang around empty playgrounds or stay late at school alone. Teach them to always use the buddy system. Sometimes children exhibit certain behaviors that irritate or provoke others.If this is the case, help the child to find more suitable ways to interact with friends and peer groups. Bullying will forever plague schools all over the world and it is vital to know ways in which teachers and parents can work together in order to lessen the blow bullying has on society, and keep our children safe and happy. A higher quality of life for students where they can focus on their academics at school rather than on bullies will provide them with less stressful lives and prevent many of the problems, such as depression and suicide, which can oftentimes be linked to childhood violence.Definition of Key Terms * Anxiety – a nervous feeling caused by fear that something bad is going to happen; worry. * Buffering – a person or thing that reduces a shock or protects somebody or something against difficulties. * Bully – a person who uses his or her strength or power to frig hten or hurt weaker people. * Bullying – is a form of aggressive behavior manifested by the use of force or coercion to affect others, particularly when the behavior is habitual and involves an imbalance of power. * Depression – to make somebody sad and without enthusiasm or hope. Detrimental – harmful. * Feasible – that can be done; practical. * Impact – a strong effect or impression. * Institution – an organization established for social, educational, religious, etc. purposes. * Intervention – to become involved in a situation, especially so as to prevent something happening or to try to help somebody. * Recommendation – to suggest a course of action; to advise something. * School – educational institution for pupils up to 19 years of age. Reference/Bibliography Website/Internet * http://www. olweus. rg/public/authors. page * http://www. google. com. ph/url? sa=t&rct=j&q=research%20paper%20about%20bullying&source=web&c d=5&cad=rja&sqi=2&ved=0CGwQFjAE&url=http%3A%2F%2Feportfolios. ithaca. edu%2Fcmoses1%2Fdocs%2Fbullying. doc&ei=bsM1UaT4K4iOiAfv6IHgAg&usg=AFQjCNEwrr4Ecj-700ei_BMFwMutkTIhcA&bvm=bv. 43148975,d. aGc * http://www. slideshare. net/victoriasantos9822924/bullying * http://www. ed. psu. edu/educ/pds/teacher-inquiry/2006/plackek. pdf * http://www. rb. se/eng/Programme/TheUNStudyonViolenceagainstChildren. htm

Children in Conflict with Law: Scenario of Crimes Committed and Justice Delivery System for Juveniles in India Essay

As per the recent report of the National Council for Protection of Child Rights (2013) that there are approximately 32,000 children a year at any point of time as ‘Children in conflict with the law‘. Within this smaller universe, looking at NCRB data for 2012 the report find that 8569 children were apprehended for murder, attempt to murder, rape and theft which is about 25.45 %. Further, as against all forms of crimes recorded each year, NCRB‘s compilation of data reflects that juvenile crimes for the years 2001 and 2012 accounted for 16509 and 33668 which is only 0.9 % and 1.3 % percentage respectively of the total crimes committed in the country. The fact that there is only a miniscule number of children in conflict with law and that too that they have not been given protection has to be factored in while discussing either reduction in age or increase in punishment of the juvenile (NCPCR, 2013). Juvenile delinquency during 2012 As per the data provided by NCBR, in 2012 there was increase in the number of juveniles apprehended for committing almost all the types of cognizable offences over 2002 and quinquennial average during that period (Table 1). From the table it appears that the increase in the juvenile apprehended for various offences in absolute terms is very less than what appears in percent. For example there were only 33 cases of counterfeiting recorded during 2012 but it shows increase of 1000 percent over 2002. Further there was 333.3 % increase in 2012 in death caused due to negligence over such cases recorded during 2002. Most of these cases were associated with rash motor vehicle driving. Table 1.1 Comparison of select offences committed by juvenile delinquents during 2007-12 in India |No. |Type of Offence |Quinquennial Average |Offences Recorded in|Percent increase |Percent increase | | | |offences recorded |2012 |over QA average |over crime recorded | | | |during 2007-11 | | |in 2002 | |1 |Murder |765 |990 |29.4 |86.4 | |2 |Attempt to commit murder |580 |876 |51.5 |86.8 | |3 |Preparation and assembly for |62 |92 |47.9 |100 | | |Dacoity | | | | | |4 |Dacoity |137 |174 |176.2 |176.2 | |5 |Robbery |516 |767 |270.5 |270 | |6 |Death due to negligence |161 |260 |61.3 |333.3 | |7 |Counterfeiting |14 |33 |132.4 |1000 | Causes of juvenile delinquency: Of the various factors affecting the juvenile delinquency socio-economic conditions of the children are considered to be of most importance. In the year 2012 a total of 39822 delinquents were apprehended under various offences. It was found that there is direct correlation with the economic status of the delinquent. With increasing income of the family there was reduction in the number of delinquents apprehended for various offences. Fig. indicates that during 2012 of the total delinquents apprehended in the country 52 % were belonging to lower income group having annual income of less that Rs. 25,000/-. The percentage of delinquents reduced with the increase in the annual income of the parents. Thus there were only 0.84 % delinquents belonging to upper income group having annual income of more than Rs. 3,00,000/-. Similar situation was observed in Gujarat where of the total (2406) delinquents apprehended 71 % belonged to the lower income group having annual family income less than R s. 25,000/- while in the upper income group (annual income more than Rs.3,00,000) there was no child recorded to be in conflict with law. As per the data provided by NCRB (2012) delinquency in the children is also associated with the educational status of the children. The children who have never attended any school (illiterates) and those who have attended the school for a short period (having received primary education) represent 60 % of the total delinquents (illiterates -14 % and primary education- 46 %). As against earlier reports (Mishra—-), the NCBR report of 2012 states that during 2012 the percentage of illiterates in the total delinquents was a mere 14 %. The percentage of delinquent having received secondary education than was reported to be 31 %. The percentage of delinquents who have received higher education was least. Figure 1 shows the overall picture of educational status of the delinquents apprehended during 2012 in India. Similar situation was observed in the case of delinquents apprehended Also the age and sex of the delinquent plays a very important role. During 2012 of all the juveniles apprehended for various offences 66.5 % were belonging to the age group 16-18 years. Moreover, there was increase of 22.2 % in the juveniles of age group 16-18 years apprehended under IPC and other SLL in 2012 over 2011. Also of the total juveniles apprehended since 2001 to 2012 the percentage of girls has never exceeded 7 %. It was 5.9 % in 2012. The increase in number of juveniles of the age group 16-18 years associated with various crimes including murder; attempt to commit murder; rape; kidnapping; dacoity; burglary; theft; etc., and the gang rape of a girl in Delhi had led many activists to approach the Apex Court with a petition to reduced the age of juvenile as defined in S. 2(k) of the Juvenile Justice (Care and Protection) Act, 2002. The event of gang rape of a 23-year-old girl in Delhi in December 2012 wherein a juvenile was one of the accused had created uproar. Among other things, petitions were filed in India’s Supreme Court to examine the constitutional validity of a provision of the Juvenile Justice (Care and Protection of Children) Act, 2000 that treats a person younger than 18 years as a minor for crimes committed. The Supreme Court refused to reduce the age of juvenile from 18 to 16 years and dismissed a plea that minors involved in heinous crimes should not be protected under the law. On 17th July 2013 a bench headed by then Chief Justice Altamas Kabir said that interference in Juvenile Justice Act is not necessary and dismissed a batch of PILs which were filed in the aftermath of the December brutal gang rape and murder case in which a minor was also allegedly involved. The fact that of the percentage of delinquents in the total crimes committed in the country is around 1.0 % and that at the age of 16-18 years boys are more aggressive justifies the argument of keeping the age of juvenile as per the existing provisions of the JJ Act. An argument put forward by the sociologist that the child in care of parents is less likely to become delinquent than those having no parents or living with guardians or homeless is not applicable in cases of juveniles apprehended for committing various offences during 2012. There were more than 81 % of the delinquents (Fig.—-) living with their parent who were apprehended during 2012. Thus living without parents is not a cause for Disposal of del inquent’s cases: To ensure speedy proceedings, the JJ Act specifies that proceedings â€Å"shall be completed within a period of four months from the date of [their] commencement,† but with exceptions if the â€Å"period is extended by the Board having regard to the circumstances of the case and in special cases after recording the reasons in writing for such extension.† This discretion permits cases to languish in the system indefinitely (Rickard, 2008). The figures given by NCBR indicates that there are a total of 10721 cases pending with various JJ Boards that accounts for 36.84 % of the cases admitted in these boards. Thus there is a need for quick disposal of pending cases. The data provided by NCBR (2012) show that there are a few states where the rate of disposal of cases is very high (e.g. Tamilnadu- 81 %) where as in other states it is not so (Haryana – 38.15 %). In states like Jammu and Kashmir the disposal of cases is very slow (12.2 %). View of Apex Court on punishment Another important question that requires urgent attention is that large numbers of cases of juvenile were tried in regular Court having criminal jurisdiction and where ever the courts have found the accused guilty, sentences have been awarded. The provision of S. 7 of the JJ Act regarding determination of the age of the accused is overlooked in such cases. At later stages when the accused comes to know about his/her right as juvenile fresh appeals are filed in the High Courts or the Supreme Court. In one of such cases M B Lokur J. of the Apex court had to decide three issues (Jitendra Singh @ Baboosing and ors. Vs. State of Uttar Pradesh on 13th July 2013- unreported). 1. Whether the appellant was a juvenile or a child as defined by Section 2(k) of the Juvenile Justice (Care and Protection of Children) Act, 2000 on the date of occurrence of the offence he was charged with. 2. Whether the conviction of the appellant can be sustained on merits and, if so, the sentence to be awarded to the appellant. 3. Whether any appropriate measures can be taken to prevent the recurrence of a situation, such as the present, where an accused is subjected to a trial by a regular Court having criminal jurisdiction but he or she is later found to be a juvenile. Considering the facts of the case, provisions of the JJ (Care and Protection) Act 2002 and after taking in to consideration past judgements of the apex courts Lokur J. decided that: 1. The documentary evidences (school admission register) and medical examination proves beyond doubt that the appellant was about 17 years of age when the incident had occurred and that he had set up a claim of being a juvenile or child soon after his arrest and before the charge sheet was filed. In other words, the appellant was a juvenile or a child within the meaning of that expression as defined in Section 2(k) of the Act. 2. Also majority of children dealt with under the JJA come from the lowest wealth strata and do not have a birth certificate. The medical report provides a range of age and does not determine it accurately giving a wide discretion to the judges who determine the age using various factors (Ved Kumari, 2009). 2. Based on the evidences presented by the prosecution it was held by both t he sessions and the High Court that the case of causing dowry death had convincingly been made out against the appellant. Therefore, the conviction was upheld by the Apex Court. 3. While awarding the sentence to the appellant who was juvenile on the date of commission of crime, the Apex Court noted that there existed many views: a. Conviction was upheld but the sentence quashed (Jayendra V. State of Uttar Pradesh (1981) 4 SCC 149). Similarly in Bhoop Ram v. State of U.P. (1989) 3 SCC 1, Pradeep Kumar v. State of U.P., 1995 Supp (4) SCC 419, Bhola Bhagat and other v. State of Bihar, (1997) 8 SCC 720, Upendra Kumar v. State of Bihar, (2005) 3 SCC 592, Gurpreet Singh v. State of Punjab, (2005) 12 SCC 615, Vijay Singh v. State of Delhi, (2012) 8 SCC 763. b. In another category of cases the Apex court had upheld the conviction but the sentence awarded was modified to the period of detention already undergone e.g. Satish @ Dhanna v. State of Madhya Pradesh, (2009) 14 SCC 187 and in Dharam bir v. State (NCT of Delhi), (2010) 5 SCC 344. c. In a third category of cases wherein the juvenile against whom conviction was proved, appeal against his conviction was allowed and the entire case remitted to the Juvenile Justice Board for disposal in accordance with law e.g. Hari Ram v. State of Rajasthan, (2009) 13 SCC 211 and Daya Nand v. State of Haryana, (2011) 2 SCC 224. d. In yet another category of cases the apex court upheld the conviction but sent the entire records of the case to Juvenile Justice Board for awarding suitable punishment e.g. Ashwani Kumar Saxena v. State of Madhya Pradesh, (2012) 9 SCC 750. Considering the provision made in Section 20 of the Juvenile Justice (Care and Protection of Children) Act, 2000 in the instant case the matter was referred back to the Juvenile Justice Board for award of punishment. Regarding the preventive measures to be taken to avoid such situation the Apex Court observed that every Magistrate before whom an accused is produced to ascertain, in the first instance or as soon thereafter as may be possible, whether the accused person is an adult or a juvenile in conflict with law. The reason for this, obviously, is to avoid a two-fold difficulty: first, to avoid a juvenile being subjected to procedures under the normal criminal law and de hors the Act and the Rules, and second, a resultant situation, where the ‘trial’ of the juvenile is required to be set aside and quashed as having been conducted by a court not having jurisdiction to do so or a juvenile, on being found guilty, going ‘unpunished’. This is necessary not only in the best interests of the juvenile but also for the better administration of criminal justice so that the Magistrate or the Sessions Judge (as the case may be) does not waste his time and energy on a trial’ . 1. Every Magistrate must ascertain that when an accused is produced before him, and if the Magistrate has any iota of doubt about the juvenility of an accused produced before him, Rule 12 provides that a Magistrate may arrive at a prima facie conclusion on the juvenility, on the basis of his physical appearance. In our opinion, in such a case, this prima facie opinion should be recorded by the Magistrate. An inquiry into the juvenility of the accused must be done at an early stage preferably on first production. 2. Due to the poor socio-economic condition of the juvenile the court observed that it is difficult to expect a juvenile in conflict with law to know his rights upon apprehension by a police officer and if the precautions that have been suggested are taken, the best interests of the child and thereby of society will be duly served. Therefore, it may be presumed, by way of a benefit of doubt that because of his status, a juvenile may not be able to raise a claim for juvenil ity in the first instance and that is why it becomes the duty and responsibility of the Magistrate to look into this aspect at the earliest point of time in the proceedings before him. We are of the view that this may be a satisfactory way of avoiding the recurrence of a situation such as the one dealt with. 3. Attention may be drawn to Section 41-B of the Code which requires a police officer making an arrest to prepare a memorandum of arrest which shall be attested by at least one witness who is a member of the family of the person arrested or a respectable member of the locality where the arrest is made. The police officer is also mandated to inform the arrested person, if the memorandum of arrest is not attested by a member of his family, that he has a right to have a relative or a friend named by him to be informed of his arrest. 4. Every police officer making an arrest is also obliged to inform the arrested person of his rights including the full particulars of the offence for which he has been arrested or other grounds for such arrest (Section 50 of the Code), the right to a counsel of his choice and the right that the police inform his friend, relative or su ch other person of the arrest. 5. According to the provisions of S. 54 of the CrPC when any person is arrested, it is obligatory for the arresting authority to ensure that he is got examined by a medical officer in the service of the Central or the State Government or by a registered medical practitioner. The medical officer or registered medical practitioner is mandated to prepare a record of such examination including any injury or mark of violence on the person arrested. 6. If these procedures are followed, the probability of a juvenile, on apprehension, being shown as an adult and sent to judicial custody in a jail, will be considerably minimized. If these procedures are followed, as they should be, along with the requirement of a Magistrate to examine the juvenility or otherwise of an accused person brought before him, subjecting a juvenile in conflict with law to a trial by a regular Court may become a thing of the past. 7. The Court also directed that whenever an accused, who physically appears to be a juvenile, is produced before a Magistrate, he or she should form a prima facie opinion on the juvenility of the accused and record it. If any doubt persists, the Magistrate should conduct an age inquiry as required by Section 7A of the Juvenile Justice (Care and Protection of Children) Act, 2000 to determine the juvenility or otherwise of the accused person. In this regard, it is better to err on the side of caution in the first instance rather than have the entire proceedings reopened or vitiated at a subsequent stage or a guilty person go unpunished only because he or she is found to be a juvenile on the date of occurrence of the incident.† Conclusion Over the years the number of children coming in conflict with law is increasing and percentage children in the age group of 16-18 years apprehended for committing various offences is also on rise. Poor economic condition of the children coupled with no education or less education is considered to be the important factors for this. The demand for reducing the age of children coming in conflict with law from 18 years to 16 years has rightly been refused by the Apex Court. The Apex Court has also suggested that the provisions of Ss 41-B, 50 and 54 of the CrPC be followed strictly to avoid the trial of juvenile with regular Court. If the Magistrate before whom the delinquent is produced has slightest doubt about the age of the accused, he must ascertain it as per the provisions of S-7 of the Juvenile Justice (Care and Protection) Act, 2002. References: 1. Altmas Kabir CJI, S S Nijjar J. And J. Chelameswar J (2013). Writ petition (C) N0. 10 of 2013. Judis.nic.in/supremecourt/imgd1.aspx?filename=40584. Last accessed on 13th Aug. 2013. 2. Mishra B N (1991) Juvenile Delinquency and Justice System, Ashish Publishing House, New Delhi, India. 3. National Crime Records Bureau (2013) Crime in India 2012, www.ncbr.gov.in/ Last accessed on 13th Aug. 2013. 4. NCPCR (2013) Status of Children in 14-18 Years: Review Of Policy, Programme and Legislative Framework 2012-2013. 5. Rickard Erika (2008) Paying lip service to the silenced: Juvenile Justice in India, Harvard Human Rights Journal 21: 155-166. 6. Supreme Court (2013) Jitendra Singh @ Baboosing and ors. Vs. State of Uttar Pradesh on 13th July 2013- unreported. www.indiankanoon.org/doc/70248453/ Last accessed on 13th Aug. 2013. 7. Ved Kumari (2009) Juvenile justice : Scuring the rights of children during 1998 – 2008. NUJS L. REV.557-572.