Prevention and Control of Locally Endemic Diseases

Prevention and Control of Locally Endemic Diseases Worldwide, countries are facing various public health problems but at unequal intensity. Low and middle-income countries are more suffering from high burden of disease than developed countries (Lopez et al., 2006). Public health issues in the world have existed for hundreds of years and to cope with them different interventions from different people have been put in place and have been improved over time depending upon new health-related discoveries. In September 1978, World Health Organisation in collaboration with The United Nations Childrens Fund organised the famous International Conference on Primary Healthcare in Alma-Ata, former Soviet Union, where 3000 delegates from various national governments and international bodies convened to find new ways of dealing with public health setbacks. This conference was a landmark in the promotion of population health around the world given the introduction of the theme of Health for All with the slogan Health for All by the Year 2000 (Wooding, Nagaddya Nakaggwa, 2012). In the Declaration issued at the end of the conference, Primary Healthcare was defined as essential healthcare based on practical, scientifically sound and socially acceptable methods and technology made universally accessible to individuals and families in the community through their full participation and at cost that the community and country can afford to maintain at every stage of their development in the spirit of self-reliance and self-determination (World Health Organisation, 1978). In this essay, with relevant examples, the explicit meaning of this definition will be discussed. Later on, gaps and lessons drawn from the conceptualisation and implementation of Primary Healthcare in Rwanda will be identified. Finally, the relevance of Primary Healthcare in the Rwandan health system will be examined. A.EXPLICIT MEANING OF DEFINITION OF PRIMARY HEALTHCARE ACCORDING TO WORLD HEALTH ORGANISATION The definition of primary healthcare, as it was issued in the Alma-Ata Conference Declaration, was general and needed some precisions and common understanding to avoid any misinterpretation. To fully grasp the explicit meaning of primary healthcare, as was defined by the World Health Organisation, it worth, firstly, to break it into basic terms: A.1.Primary healthcare as essential and appropriate activities for promoting the health of the population Primary healthcare is a set of activities aimed at promoting the health status of the population. Through these activities, prevailing health problems that the community suffer are addressed properly by providing promotive, preventive, curative and rehabilitative services (World Health Organisation, 1978). World Health Organisation (1978) states that the essential services that primary healthcare would provide were : education on prevailing diseases and the ways of preventing and controlling them; promotion of food supply and proper nutrition; maternal and child healthcare including family planning; adequate supply of safe water and basic sanitation; immunisation against major infectious diseases; prevention and control of local endemic diseases, appropriate treatment of common diseases and injuries; and provision of essential drugs. These services were expected to vary according to the country and community provided their economic and social aspects that they reflect and from which they evolve and health system had the social responsibility to avail essential healthcare to all (World Health Organisation, 1978). A.1.1.Education on prevailing diseases and the methods of preventing and controlling them This component of primary healthcare aims to support personal and community social development by informing them through education for health. The enhancement of their life skills leads to behaviour change at individual or collective level in order to tackle health problems prevailing in their community. Additionally, this activity makes people aware of other factors that determine their overall health like environmental factors, lifestyle and genetics. As a result, people are empowered to have informed options to have control over their own health and over those factors determining their health status. Various ways are used ranging from mass media tools to simple messages transmitted to individuals or to the community regarding the strategies to fight against common diseases in their communities (Wooding, Nagaddya Nakaggwa, 2012). Further, health educational materials can be developed, supplied in the schools by those working in education sector to be integrated in health system. To illustrate this activity in the community, the strategies regarding the prevention of malaria should include the education on what is malaria, its causes, signs and symptoms of the disease, treatment and preventive measures in place. A.1.2.Promotion of food supply and proper nutrition The Promotion of food supply and proper nutrition in the families and in the community in general is a cornerstone in fighting against ill-health. Under nutrition and micronutrients deficiencies mostly in women in reproductive age and children largely contribute to a global burden of disease (Caulfield al., 2006). A.1.3.Maternal and child health including family planning Maternal and child morbidity and mortality rates, mostly in resource limited countries, are still high and more action is needed to tackle this public health issue. Women and childrens deaths are attributed to the causes which in many cases are preventable and avoidable through collaboration of various stakeholders (Wooding, Nagaddya Nakaggwa, 2012). A.1.4.Adequate supply of safe water and improved sanitation This component of primary healthcare ensures that population has not only access to safe and clean water but also to clean environment. The role of contaminated water and environment in spreading diseases is known. The supply of safe and adequate water, sanitation and disposal of liquid and solid waste play a key role preventing diseases transmission (Howard et al., 2002). A.1.5.Immunisation program against major diseases Immunisation against major diseases plays a key role in preventing serious contagious diseases mostly in children like Tuberculosis, measles, tetanus, whooping cough, etc .Women in reproductive age are also vaccinated for Tetanus. A.1.6. Prevention and control of local endemic diseases Some persisting diseases in a community contribute to the burden of disease and are attributable to the increasing morbidity and mortality in many countries. Regular screening and appropriate treatment of these diseases done by skilled healthcare workforce with appropriate health technology are key to the control of them (Wooding, Nagaddya Nakaggwa, 2012). A.1.7. Appropriate treatment of common diseases and injuries This component of primary healthcare deals with the treatment of common diseases and injuries that members of the community suffer. These diseases include common infectious diseases that prevails in the community, skin lesions due to injuries, infections or other disease conditions that affect the skin all of which contribute to the burden of disease. A.1.8.Provision of essential drugs The provision of essential drugs contributes greatly in effective management of common pathological conditions in the community. They are of an utmost importance in preventing and treating diseases which have a greater impact on lives of millions of people around the world. Essential drugs save lives and improve health (Balkan et al., 2013). A.2.Primary healthcare as essential activities based on practical, scientifically sound and socially acceptable methods and technology To achieve its ultimate goal, which is better health for all, primary healthcare should be evidence-guided. Primary healthcare practice has to be based on scientifically-proved methods, techniques, equipments and drugs (World Health Organisation, 1978). To avert health problems, various methods, techniques, equipments and drugs are used in prevention, diagnosis, treatment of diseases and patient rehabilitation once the disease in treated. Selection of health technology to be used has not to be only based on scientific evidences but also on its affordability and acceptability in the context of local value, culture and belief (World Health Organisation, 2011). For example, primary healthcare providers should use those healthcare technologies that enable clients to have access to high quality, safe and cost-effective healthcare. A.3.Primary healthcare should be made universally accessible to individuals and families in the community All members of the community should equally and universally have access to health services regardless of their social economic standing, religion, sex, age, race, language or geographic location and to ensure that it is effectively achieved, the concept of equity should be taken into consideration. The availability of health services itself is not the assurance that the primary healthcare would be successful. There are other components to be addressed to ensure that health services made universally accessible are appropriately used by all members of the community. World Health Organisation (1978) recommended that states government should make use of available resources effectively by increasing the funds allocated for health and firstly giving priority to the extension of primary healthcare to disadvantaged communities. Countries should make sure that all barriers including social economic barriers are properly addressed by reducing exclusion and social economic disparities to help those in need to have access to health services. A.4.Primary healthcare should involve full participation of community members at a cost that the community and the country can afford to maintain at every stage of their development in the spirit of self-reliance and self-determination The participation of communities in primary healthcare care activities forms an integral part in the health system. Central level should take into consideration the role of communities that play in primary healthcare activities planning process. To achieve this, communities have to be enabled to understand their role, especially in primary healthcare strategies and in the development process at community level in general, by providing with them the guidance and the necessary information that they do not have at their level. Once community members fully understand the part they play in the national primary healthcare strategy and in the overall development process at community level, then they are able to give their contribution in the formulation of primary healthcare programmes by examining themselves the health problems that they face in their community, setting priorities, adjusting national solutions to their local communities and organising themselves and put in place support an d control mechanisms (World Health Organisation, 1978). Also, the effectiveness of primary healthcare depends on the use of means that are affordable and acceptable by both the community and the country. The necessity of involvement of other health system components and other sectors that contribute to general countrys social economic development is of paramount importance in the implementation of primary healthcare programmes as health cannot be attained by the health sector alone (World Health Organisation, 1978).The linkage between primary healthcare and other sectors in the context of community development needs a coordinated effort in planning process at the community level. The joined effort from various community development stakeholders results in a sort of collaboration which has a greater impact on primary healthcare. As an illustration of the above, malnutrition reduction programme in less than five should involve community members, healthcare workers, and agricultural worker as they might have the key information that can help in planning process. Additionally, community members can actively participate in the implementation of some components of the programme jointly with other development initiatives from other social economic development sectors. B.GAPS AND LESSONS DRAWN FROM THE CONCEPTUALISATION OF PRIMARY HEALTHCARE IN RWANDA The implementation of primary healthcare in Rwanda has been proven to be effective in recent years. Despite the four years of civil war and genocide that left more than one million of people dead, thousands of hundreds displaced and health system totally collapsed, Rwanda has made remarkable progress in improving the health status of its population (Rodriguez Samuels, 2011). The above remarkable progress is imputable to various factors including ambitious political will that predominantly played in key. Health sector reforms which included community health insurance commonly known as mutuelle de santà © and a boost of health services done by providing the incentives to healthcare staff through performance-based financing schemes have also been a cornerstone in the achievements of such results. Furthermore, strong leadership, strong health policies together with involvement of community health workers in participatory decentralisation and effective coordination of donations from health and development partners have been implemental in implementation of primary healthcare strategies. B.1.Lessons to be leant Primary healthcare conceptualisation and implementation, in Rwanda case, offers great lessons to be learnt for future primary healthcare initiatives either in Rwanda itself or elsewhere in the world mostly in resources-limited countries. Rodriguez and Samuels (2011) highlighted that putting in place a strong leadership and accountability mechanisms at all levels, involvement and creation of ownership of health services seekers, collaboration of all stakeholders in planning process supported by evidence-based policies are more likely to help in achieving the desired outcomes of primary healthcare as it has been shown for Rwandas experience. B.2.Gaps In spite of the above mentioned remarkable achievements that Rwanda has made in implementation of primary healthcare, there is still chasm to be addressed.

Mental illness and prison

From the 1960’s to the 1980’s, the deinstitutionalization movement demanded that the mentally ill be treated in the community, using new drug therapies that appeared to control even the most extreme behaviors of the mentally ill.   This liberation of psychiatric patients was reinforced by court decisions that awarded certain legal rights to the emotionally ill.   But few community-based programs were developed to treat psychiatric patients effectively.   Released to the community without adequate support and treatment services, the mentally ill gravitated to criminal confinement facilities for offenders, particularly the jail but also to the prisons of the United States. It is estimated that about 15 percent of offenders imprisoned at any time have severe or acute mental illnesses, such as schizophrenia, manic-depression illness, and depression.   Approximately 10 to 15 percent of persons with these three illnesses die by suicide.   Yet current treatment is extremely effective, if given.   Prisoners tend to be in poor mental health and about 80 percent of male prisoners and 80 percent of female jail inmates will, over their lifetime, have at least one psychiatric disorder. The greater the level of disability while in prison, the more likely the inmate is to receive mental health services.   In practice, proportionately more female prisoners use mental health services than do males, and whites are more likely to seek or secure prison mental health services than others.   At least half of the inmates who need such treatment go without it (Sigurdson, 2001). While the U.S. Supreme Court has not found that inmates have a constitutional right to treatment, it has ruled an inmate’s constitutional right to medical treatment includes the right to treatment for serious emotional illness.   The correction system is caught in the middle.   Institutions are not required to provide services simply because their clients are criminals, and thus have shifted critical funds to other uses, such as increased security staffing.   The threat of potential litigation has meant that some revision and provisions of mental health services for seriously ill inmates is necessary. As the mentally ill become a larger segment of the population in jails and prisons, professionals in the mental health field became essential to the correctional administrators.   The ratio of mental health practitioners to inmates remains much too low, there has been some progress.   Because many institutions must deal with mental health issues on a priority basis, few to no services are provided for the majority who do not exhibit violent or bizarre behavior.   It is a practical fact that in corrections â€Å"the squeaky wheel gets the grease† (Steadman, 1991). For some inmates, the impacts of prison life overwhelm their usual coping patterns.   Some factors that lead to prison psychosis include the routine of prison, fear of other inmates, forced homosexual behavior, assault and fear of assault, deteriorating in affairs and circumstances of family on the outside of prison and depression.   When the psychological crisis comes, correctional administrators frequently transfer affected inmates to prison infirmaries or psychological treatment words, or initiate inmate transfer to a mental health system. Long-term and intensive psychotherapy for mentally ill inmates is believed to be rare.   Treatment for episodic mental crisis tends to remain at the first aid level in many states.   Death rows do not usually contain a large proportion of a prison’s population but subsume a disproportionate share of the per inmate cost due to the demands of observing, caring, and maintaining death row.   That includes a lower staff-inmate ratio, mail processing, death-watch officer workload, closer custody during recreational periods and so on.   Some inmates on death row become mentally ill and as such cannot be executed (Ford v. Wainright, 106 S. Ct. 2595, 1986). The state has an additional burden of determining if the death-row inmate is insane, establishing some procedure to restore the inmate to sanity, and then certifying the sanity of the patient-inmate.   Because this would be tantamount to a death sentence and not a favor for the inmate, it is unlikely mental health physicians would undertake that process alone or with any great enthusiasm.   It remains for the states to develop procedures for identifying, diagnosing, treating, and certifying the sanity of death row inmates who claim to be insane (Steadman & Monahan, 1984). For the extreme behavior cases, there are special units for more intensive treatment, such as the one in Washington State.   That unit is a model of how to deal with extreme mentally and behaviorally disordered prisoners.   Unfortunately, that facility can handle only 144 inmates.   The figure is only about one-tenth of the commonly recognized population of inmates who could use more intensive mental health services.   One quickly finds that only the really severe cases are able to be referred to the Special Offender Center. It appears that the relationship between crime and mental disorder has no real cause effect.   It is essential for society to learn more about distinguishing between different kinds of mental illness and their impacts on safe and secure administration of correctional institutions.   It is important to remember that the real link to look for is one that indicates the potential for harm to the mentally ill person and others.   It may be a long time before such options are available to the already overcrowded corrections system in the United States (Wessely & Taylor, 1991). There are two justifications that defendants can invoke in an attempt to relieve themselves of criminal responsibility for a criminal act.   The first is not guilty by reason of insanity and the second is incompetent to stand trial.   In the first instance, offenders do not deny the commission of the act, but assert they lacked the capacity to understand the nature of the act or that it was wrong. The second instance is based on the common law criterion that defendants must be able to understand the charges against them to cooperate with their counsel in the preparation of their own defense.   The procedures for determining competency vary considerably among jurisdictions, but most make it a court decision based on psychiatric testimony.   If defendants are found incompetent to stand trial, then they are usually committed to a mental institution until declared competent (Hans, 1986). Psychiatric judgment of mental abnormality enters into the criminal law in three ways.   Aside from fitness to stand trial and criminal responsibility, if an individual is convicted, psychiatry is often consulted in designing a custodial or treatment program for him or her. One problem in the use of psychiatry in the legal system is that there are vast and irreconcilable differences in the legal standards; fairness is achieved by responding to a specific act with a specific type of reaction while ignoring a mass of details about the accused. On the other hand, in the mental health approach of psychiatry the whole personality of the accused is relevant in determining the state’s response to criminal behavior.   Psychiatry is an applied science, but legal practice makes no such claim.   Clearly, as long as a judge and jury have such important roles in the court process, convicted criminals cannot be treated primarily according to scientific standards.   While it is customary for a judge and jury to participate in the legal process, we would find their dealing with matters of mental health bizarre and while the legal process is typically open to scrutiny by all people affected, the procedures of psychiatry are almost never made public.   The types of accountability of the legal and mental health systems are quite different. If a court correctly describes the facts of a case and chooses the correct legal response to these facts, the court is never held accountable for any negative consequences flowing from its actions, such as the suicide of a convicted offender.   What ultimately happens to the convicted offender or whether the offender’s family must go on welfare is not the court’s concern.   The judge is not bound to such utilitarian considerations.   However the judge is bound by law to a specific range of responses.   Psychiatry, on the other hand, is responsible for how its decisions affect the individual in the future (Galliher, 1989). With the advent of legal insanity and legal incompetence as defenses against criminal conviction caused the development of special asylums for the criminally insane, in most cases just another form of prison without due process protections.   In more recent years those claiming to be not guilty by reason of insanity have been the subjects of considerable debate.   President Nixon sought to have the not guilty by reason of insanity defense abolished.   More informed criminologists point to such problems with the insanity defense as excessive media coverage, suspicion of malingering by the defendant, and conflicting and suspicious testimony by mental health professionals testifying for either the defense or the prosecution. The insanity defense is used in less than 1 percent of all felony cases and of those only one in four are found to be not guilty by reason of insanity.   One study found only the most emotionally and behaviorally disturbed defendants to be successful in their plea and that the successful petitioners had committed more serious offenses.   The decision to acquit is more frequently made in court b y prosecutors, defense attorneys, and the judge, and less frequently by jury members.   Persons acquitted by the not guilty by reason of insanity are generally found less likely than their cohort offenders to commit crimes after release (Hans, 1986). Prosecutors often hope that those accused offenders acquitted through the plea of not guilty by reason of insanity will be institutionalized for a period sufficient to reduce their dangerousness, and to provide both public and safety and some retribution.   The debate continues.   Perhaps the most reasonable solution would be to determine guilt first and then sift the issue of diminished capacity or insanity in that case to the sentencing or case disposition state.   The American Psychiatric Association, following the attack by John Hinckley on the life of President Reagan, recognized that position. As a response, by 1986, twelve states abolished the insanity defense entirely then created guilty by mentally ill statutes in its place.   Under those statues, an offender’s mental illness is acknowledged but not seen as sufficient reason to allow him or her to escape criminal responsibility.   If convicted, offenders are committed to prison.   Some states will provide mental health treatment in the prison setting, but others may transfer the offender to a mental health facility for treatment.   In Georgia, defendants who entered insanity pleas but were determined guilty by mental illness received harsher sentences than their counterparts, whose guilt was determined in trial suggesting increased punishment for the disturbed offender (Callahan, McGreevy & Cirincione, 1992). Persons with mental disability, such as mentally disturbed or disorders, were once scorned, banished, and even burned as evil.   But in more enlightened times we have built backwoods fortresses for them to protect ourselves from contagion.   They have been executed as witches, subjected to exorcism, chained or thrown into gatehouses and prisons to furnish a horrible diversion for the other prisoners.   Before the Middle Ages persons with a mental illness were generally tolerated and usually cared for locally by members of their own family, tribal system, or primitive society. However widespread poverty, disease, and religious fanaticism seemed to trigger intolerance for any unexplainable deviation from the norm.   The mentally disturbed were thought to be possessed by devils and demons and were punished harshly because of it.   The first insane asylum was constructed in Europe in 1408.   From that date until recently the asylum was a dumping ground for all the mentally disordered people that could be neither understood nor cured. In the United States, one after another of the individual states responded to that compelling method of ridding society of misfits, and built numerous institutions during the mid 1800’s.   The inflated claims of cures for mental illness could not stand up against the process of institutionalization and long-term commitments sometimes for a lifetime and not cures became the rules of the day (Ives, 1914). Asylums became yet another invisible empire in America with the punitive excess and lack of care or caring ignored by society. â€Å"Out of sight, out of mind† was the catch phrase of these unfortunates.   With the discovery of tranquilizing drugs, these places became a place where patients were put into a controllable stupor, until a cure could be found.   Because of longer and longer periods of institutionalization usually by family members finally got the attention of the courts. In the 1960’s the rights of all citizens, including the mentally ill and convicts, were being re-examined at every level. The abuses in the back wards of the asylums were brought to light and the counter-reaction was extreme.   In the early 1970’s, state after state adopted policies under the Community Mental Health Act that swept the country.   The essential goal was to release all inmates of the asylums who were not a clear and present danger to themselves and society.   This act flooded the central cities of America with tens of thousands of mentally impaired street people and created poorhouses.   The response by most jurisdictions has been to transfer the problem to the criminal justice system, filling the jails and correctional institutions of America, a process known as transintitutionalization (Arrigo, 2002). There appears to be some confusion between physical disease and mental disease.   Because physicians have made great strides in gaining knowledge about physical disease, it is assumed by some people that this is also true of physicians’ knowledge about mental disease.   That is the tendency is to apply the same standards of competence to both areas of practice, even though this is hardly warranted. The distinction between crime and mental illness is unclear.   Some of the writers assume that nearly all criminal behavior is a manifestation of mental disease.   It seems that the reason for both of these ambiguities is that we really do not know what mental illness is, and that is the reason we cannot distinguish between mental illness and physical illness on the one hand and mental illness and crime on the other.   It is unfortunate that the long indeterminate sentences often given to mentally disordered offenders reflect a fear that those committed might be a problem in the future. It is the expectation that someone is capable of predicting criminal inclination that makes so questionable the programs for treating the mentally disordered.   So, one can see the paradox of requiring psychiatrists to predict behavior and to attach a label to offenders, when that might result in an indefinite or even lifelong commitment to a mental institution for someone who is not really dangerous, such as a false-positive prediction.   The individual is then labeled for custody and treatment in a special area within that institution.   When you consider the wealth of folklore surrounding mental institutions, it becomes clear that a dreadful lifelong stigma accompanies the label of criminally insane.   While the public remains upset by the gaping loophole in the net of justice, the courts continue to seek out equitable ways to deal with the offender who has diminished mental capacity. Reference: Arrigo, B. (2002). â€Å"Transcarceration: A Costructive Ethnology of Mentally-Ill    Offenders†.   Prison Journal 81(2), 162-186. Callahan, L., McGreevy, M., & Cirincione, C. (1992).   â€Å"Measuring the Effects of the   Ã‚  Ã‚  Ã‚   Guilty but Mentally Ill Verdict: Georgia’s 1982 GBMI Reform†.   Law and   Ã‚  Ã‚  Ã‚  Ã‚   Human Behavior 16(4), 447-462. Galliher, J. (1989).   Criminology: Human Rights, Criminal Law, and Crime.   N.J.:   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Prentice Hall. Hans, V. (1986).   â€Å"An analysis of Public Attitudes toward the Insanity Defense†.   Criminology 24(3), 393-413. Ives, G. (1914). A History of Penal Methods.   London: S. Paul. Sigurdson, C. (2001).   â€Å"The Mad, The Bad and The Abandoned: The mentally Ill in   Ã‚  Ã‚  Ã‚  Ã‚   Prisons and Jails†.   Corrections Today 62(7), 162-186. Steadman, H. (1991).   â€Å"Estimating Mental Health Needs and Service Utilization Among   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Prison Inmates.†Ã‚   Bulletin of the American Academy of Psychiatry and the Law    19(3), 297-307. Steadman, H. J. & Monahan, J. (1984).   Crime and Mental Disorder.   Washington, D.C.:   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   U.S. Department of Justice. Wessely, S., & Taylor, P.J. (1991). â€Å"Madness and Crime: Criminology versus   Ã‚  Ã‚  Ã‚  Ã‚   Psychiatry†.   Criminal Justice

Apa Research Paper Pdf - What Is It?

Apa Research Paper Pdf - What Is It? Apa Research Paper Pdf Can Be Fun for Everyone Additional please feel confident you will get a high-quality paper that's checked with plagiarism detecting software. After all, you're making a paper outline so that you are able to guide yourself towards starting a research paper, so obviously, you won't need to enter the literature review procedure. Anyone who's reading your example of a research paper will want in order to replicate your study without difficulty. All the very best research paper examples begin with an excellent research paper outline. An individual should realize that every Research Paper is a sophisticated writing because it must contain distinctive research and distinctive idea. Research Paper preparation means handling a great deal of information. Amazing research papers are all over the net for one to read. Planning is absolutely a necessity, and all the very best research papers examples come from effective planning. If all the requirements of writing research paper in APA format appears too much that you take in and keep in mind, selecting the expert services of our professional writers is going to be the ideal option for you. College students should use a suitable numbering for unique sections. An outline will help to fix the way a student will build other vital sections including Literature Review. Initially, totally free research paper examples were posted on the internet, as a way to help students acquire new knowledge and information concerning the research paper writing, as a portion of the educational course of action. To have an idea, students may study absolutely free research papers online. The paragraphs ought to be double spaced. The citation is only going to be sorted right after the document is exported to the internet generator. The guide covers its key elements and gives valuable examples. It might be helpful as you're developing your outline to likewise write down a tentative collection of references. In case you're not able to do the research paper because of any reason, you can depend on ProfEssays to write for you in accordance to your requirements. The literature review has to be planned in order to know where you're likely to get sources from to be able to strengthen your arguments and comprehension of the topic. On top of that, you're confident your personal data will be held in strictest confidence. For example if you're writing a business letter you may use a template that has space assigned for your address, your clients address and similar requisites. As soon as your order is placed you can be sure of a brilliant bit of work. A lot of people write the introduction after writing the remainder of the paper! For the matter, you may use the New Order option that will permit you to receive in contact with the writers who show interest in your paper, and superior comprehension of your instructions and requirements. As soon as you've already decided what topic you'll be writing about, the following thing you need to pay attention to is the reach of your paper or what you are going to be including in your discussion. Whispered Apa Research Paper Pdf Secrets The Introduction part is among the most crucial ones. The sub topics need to be written in capital letters. Examples of such templates are excellent for education and company jobs since they may be immensely helpful whenever you're short in time and confused about the proper way to prepare a print outline. The Awful Secret of Apa Research Paper Pdf If you would like your paper to have all the critical info and grab your reader's attention, you will have to create a crystal clear outline. The apa research paper outline template above can help you create a best outline. Making an APA outline is the very first issue to do in developing a structure on what is going to be written in the paper and the way it's written. Besides a report outline and a presentation outline, a research paper outline is among the most typical types of outlines you're very likely to encounter in any particular field. You can also see resume outline. An outline is intended to help you set a structure for a paper you will write. It will be a reminder for you to include all the necessary subtleties in it. It is the first step in creating the structure for what will be said in the paper as well as how it will be said. Success in writing is dependent on a deliberate pre-designed process that is outlining. The thesis statement ought to be complete, and the remainder of the paper ought to be in line with it. A great outline results in the inception of a superior paper.

The Emergency Provisions in India - Free Essay Example

Sample details Pages: 10 Words: 3076 Downloads: 9 Date added: 2017/06/26 Category Law Essay Type Narrative essay Tags: India Essay Did you like this example? Chapter 1 Introduction- An Analysis of the Emergency Provisions in the India. It is the President who can proclaim an emergency when he receives in writing a decision of the Union Cabinet to that effect. Ours being a parliamentary system, the President could proclaim emergency only when advised by the Council of Ministers through the Prime Minister. This provision was said to have been misused by the Prime Minister, in 1975 when the President was advised to make a proclamation of emergency on the ground of disturbance. Don’t waste time! Our writers will create an original "The Emergency Provisions in India" essay for you Create order In order to minimize the chances of abuse of power to declare emergency and to ensure that a proclamation of emergency is issued only after due consideration, Article 352 was amended by the Constitution (44th Amendment) Act 1978. After the 44th Amendment, it is provided that the President can make a proclamation declaring emergency only when he receives in writing the decision of the Union to this effect. Grounds for Proclamation of an emergency. A proclamation to emergency maybe made on the ground of war, external aggression or internal disturbance. The expression à ¢Ã¢â€š ¬Ã…“internal disturbanceà ¢Ã¢â€š ¬Ã‚  is too vague and wide. It may cover a minor disturbance of law and order or even a political agitation. With the view to exclude the possibility of an emergency being proclaimed on the ground of internal disturbance of any nature, minor or grave, the 44th Amendment has substituted the expression à ¢Ã¢â€š ¬Ã…“internal disturbanceà ¢Ã¢â€š ¬Ã‚  by the expression a rmed rebellion. Thus, after the 44th Amendment, a proclamation of emergency maybe issued on any of the following grounds: (a) war (b) external aggression or (c) armed rebellion. However actual occurrence of war, external aggression or armed rebellion is not a condition precedent. Such a proclamation maybe made by the President even before the actual occurrence of the above events, when the President is satisfied that there is current danger of war, external aggression or armed rebellion.[i] War: The term war may mean the existence of violent struggle between two countries through the application of armed forces. When there is a formal declaration of an attacker from one country against another there exists à ¢Ã¢â€š ¬Ã…“warà ¢Ã¢â€š ¬Ã‚  between the two countries and the winning country dictates according to its whim. External Aggression: The expression external aggression has many definitions such as unilateral attacks with force by any one state against another s tate without formal declaration of war. Such unilateral acts of force so long as they are not answered by similar hostile acts by the other side, constitute external aggression. Publication of a Proclamation: Article 352 does not prescribe any particular mode in which a proclamation should be published in order to come into operation. According to Article 352(1) the President may make a proclamation of emergency only when he is satisfied as the existence of a threat to the security of India, or a part thereof. Thus, the question whether security of India is threatened or not lies on the subjective satisfaction of the President acting on the advice of the Cabinet. The question has arisen from time to time whether the satisfaction of the President is justifiable or not. In Bhutnath v State of West Bengal[ii] the Supreme Court refusing to hold the continuance of the emergency under Article 352 is à ¢Ã¢â€š ¬Ã‹Å"voidà ¢Ã¢â€š ¬Ã¢â€ž ¢. To put the matter beyond the shadow of any doubt, the Constitution (38th Amendment) Act, 1975 amended the Constitution by adding Clause 1 to Article 352 which declared that the à ¢Ã¢â€š ¬Ã…“satisfactionà ¢Ã¢â€š ¬Ã‚  of the President mentioned in Article 352 shall be final conclusive and cannot be challenged in any court on any grounds. Also, it was stated that the Supreme Court will not be entertaining any question on any ground when an Emergency is declared in the state as stated in Clause (1) or the continued operation of such proclamation. The satisfaction of the President in declaring the emergency under Article 352 were thus sought to be placed beyond the ken of judicial scrutiny.[iii] In Bhut Nath[iv] that was the view taken by the Supreme Court when it was said that the proclamation of emergency was not a justiciable issue but was a political matter in substance. The amendment sought to put this judicial view in the form of a constitutional provision list the Courts might change its opinion at some future dat e. Now the 44th Amendment of the Constitution has repealed Article 352(5). The position has this restored to what it was before the 38th Amendment Act. It is therefore for the Supreme Court to decide whether it will treat the satisfaction for the President to issue a proclamation of emergency or to vary it or to conceive it as final and non judiciable or as being subject to judicial review on some grounds. Since the passage of the 44th Amendment Act of the Constitution, the question of judicial review of the President to declare or not to declare an emergency has not arisen as no emergency has been declared after 1975. In Minerva Mills[v], however Bhagwati, J., did express the view that whether the President in proclaiming the emergency under Article 352 has applied his mind, or acted outside his powers or acted malafide in proclaiming the emergency could not b excluded from the scope of judicial review. Bhagwati, J., also observed that the 38th Amendment which barred from being called into question in a court could be declared unconstitutional as being violative of the basic structure of the Constitution. Further after the Supreme Court decision in Bommai[vi] by Bhagwati, J., in Minerva Mills. [vii]held that the Constitution seeks to control the exercise of the power of proclamation of an emergency in two ways: (a) The President must act on the advice of the Central Cabinet and not in his own subjective satisfaction and not on the advice of the Prime Minister alone. Thus the effective way to declare an emergency lies in the Cabinet. (b) the democratic control over the executive power in respect of proclaiming an emergency has been strengthened in so far as parliamentary approval is necessary for the proclamation immediately after it is made and then after every 6 months.[viii] But the safeguards may prove tenuous in practice because the government enjoys the support of the majority party and the Cabinet functions on the principle of Collective res ponsibility. A strong willed Prime Minister may dominate his cabinet as well as the party and thus mobilize support for the emergency even though in effect there may be no need for the same. It appears essential that a limited judicial review of the exercise of the power to proclaim emergency remains available. This extra parliamentary check is extremely important for safeguarding democracy in the country.[ix] When a Proclamation of emergency under Article 352(1) is declared the following drastic consequences follow: (a) there is a transformation in the behavior of the Indian federalism. The normal fabric of the Centre-State relations undergoes a fundamental change. Parliament makes laws with respect to any matter in the state list and such a law operates till six months after the proclamation ceases to operate [Article 250]. It thus means that the normal peace time distribution of legislative powers is practically suspended so far as Parliament is concerned. The State legisla tures continue to function as usual and may make any law in their assigned areas viz the List II and III but Parliament becomes empowered to legislate even in the exclusive state sphere as a result of the Proclamation of emergency. Parliament can meet the emergency by any passing any law that it may regard necessary without being trammeled by the scheme of distribution of powers.[Article 250(1)] and a Central law would override a State law even with respect to a matter in the State List [Article 251]. Article 359 states during emergencies, the enforcement of the rights under Article 20 and 21 cannot be suspended. The life of a law enacted by Parliament during the proclamation of emergency ceases to operate on the expiry of six months and the normal scheme of distribution legislative powers is fully restored. [x] (b) Further the Centre becomes entitled to give directions to a state as to the manner in which it is to exercise its executive power [Article 353(a)]. Since Parliamen t can make a law even in the exclusive state field it means that the Centre can give directions even in the area normally allotted to the State. Parliament may confer powers and impose duties upon the Centre or its officers and authorities even though the law pertains to a matter not in the Union List [Article 353(b)]. a) When an emergency is declared not in the whole of India but only in a part of India, the executive power of the Centre to give directions and the power of the Parliament to make laws as mentioned above, extent not only to the State in which the territory under emergency lies, but also to any other state if and so far as the security or any part of the territory thereof is threatened by activities or in relation to the part of the territory of India in which the proclamation of Emergency is in operation[Proviso to Article 352]. This provision means that in such a case, directions may be issued by the Center to the States which are not included in the Proclamat ion of Emergency. This provision has been inserted in the Constitution in order to make emergency effective in the area where it has been imposed by restricting undesirable activities in the adjoining areas. Miscreants could not be allowed to take advantage of the fact that the Proclamation does not relate to a particular spot where such activities are for the time being, being carried on. b) While the Proclamation of emergency is in operation, the President may direct that any provision (Articles 268 to 279) relating to the distribution of revenue between the Centre and the states, subject to any changes which he thinks fit. This provision frees the Centre from its obligations to transfer revenue to the States so that its own financial capacity remains unimpaired to deal with the emergency. An order suspending distribution of revenue is to be laid in the two Houses of Parliament and it would remain in force beyond the end of the financial year whereby the proclamation of emergen cy comes to an end. c) During an emergency, Parliament can also levy any tax which ordinarily falls in the State list [Article 250]. Thus, although the State Governments continues to operate the Central Government becomes omnipotent and the normal distribution of legislatives, executive and taxing powers and the scheme of distribution of revenue between the Centre and the States are all undone so far as the Centre is concerned. The reason is that during an emergency the Centreà ¢Ã¢â€š ¬Ã¢â€ž ¢s financial need becomes greater than its peace time commitments and therefore the normal financial arrangements between the Centre and the States cannot continue to function. d) As has already been pointed out, during the proclamation of an emergency the life of the Lok Sabha comes to an end, this provision enables the same to be extended for the period of emergency. e) Parliament may by law extend the life of State legislature by one year each while an emergency persist in a state , subject to a maximum period of six months after the emergency ceases to operate [Proviso to Article 172]. f)The proclamation of an emergency also effects the Fundamental Rights. Article 358 states that during an Emergency of the six freedoms guaranteed to the citizens of India by Article 19 of the Constitution would be suspended and the State can make any law or to take any executive action abridging or taking away the rights guaranteed by Article 19 of the Constitution. The first imposition of the Presidentà ¢Ã¢â€š ¬Ã¢â€ž ¢s rule under Article 356 came in June 1951 when the Punjab Government was superseded despite its enjoying majority support in the Assembly. The real motivation was said to have been the need to resolve internal Congress Party differences. Again, in July, 1959 the Communist Government in Kerala faced the axe even though it had the full confidence of the State Assembly. The step was necessitated to protect the democratic principles of the Constitution wh ich were believed to be violated by the Communist Government.[xi] In 1967, without losing the confidence of the Assembly, the then Haryana Government was dismissed and Presidentà ¢Ã¢â€š ¬Ã¢â€ž ¢s rule imposed. Large scale defections, instability of government, political corruption etc were mentioned as the grounds. The most bizarre use of Article 356 was when on a single day, on 30 April, 1977 following results of general election to Lok Sabha, as many as nine State Governments ruled by the congress were taken over by the Jananta Government in New Delhi. Similarly, following the results of mid-term elections to Lok Sabha in January, 1980, proclamations under Article 356 were again issued on 17 February in respect of nine Non-Congress ruled States. Following the demolition of Babri Masjid on 6 December, 1992, Presidentà ¢Ã¢â€š ¬Ã¢â€ž ¢s rule was imposed on four BJP ruled States. In Bommai [xii], the Supreme Court held the exercise of power under Article 356 was subject to jud icial review, if the Court found the imposition of Presidentà ¢Ã¢â€š ¬Ã¢â€ž ¢s rule unconstitutional, it could order restoration of the dismissed State Ministry and revival of the dissolved Assembly. However, in the case of Karnataka and some other States where fresh elections had taken place and new governments formed, the Court did not order restoration of the old Assembly and Government, even though the proclamation was found to be unconstitutional. In the case of BJP states, proclamation was held to be unconstitutional on the ground that secularism was a basic feature of the Constitution and any government that acts against principal of secularism violates the Constitution and Article 356 can be invoked against it. In 1999, Presidentà ¢Ã¢â€š ¬Ã¢â€ž ¢s rule was imposed in Bihar under Article 356 on the grounds of serious failure of law and order. The BJP led Union government could get the proclamation approved by the Lok Sabha but failed in the Congress majority Rajya Sabha. The proclamation had to be revoked and Bihar government restored.[xiii] In the years 1997 and 1998, the Union Government headed by Gujral and Vajpayee respectively, advised the President to take over the administration of U.P. and Bihar on grounds like corruption, bad government, failure of law and order, spread of violence, defections and crime even though both the State Governments enjoyed the confidence of the their respective houses. The Union Cabinet reiterated its advice and the President accepted it. Presidentà ¢Ã¢â€š ¬Ã¢â€ž ¢s rule under Article 356 was proclaimed in U.P. on 9 March, 2002 on the ground that the public verdict in the general election was fragmented and no party was able to satisfy the governor of a stable majority. The most recent controversies were the developments in the three States of Goa, Jharkhand and Bihar, 2005. The Supreme Court had declared the unconstitutionality of the dissolution of the Bihar Assembly while simultaneously allowing the election process for a new Assembly to continue.[xiv] Also on 28 February, 2014 an Emergency was declared in Andhra Pradesh, when the Indian Parliament passed the Andhra Pradesh Reorganisation Bill, which was meant to carve out a separate Telangana state. Also on 14 February, 2014 in Delhi Presidentà ¢Ã¢â€š ¬Ã¢â€ž ¢s Rule was imposed when Arvind Kejiriwal resigned as Chief Minister after failing to table the Jan Lokpal Bill in the Delhi Assembly. Article 355 imposes a twofold duty on the Centre to protect every state against external aggression and internal disturbance and to ensure that the Government of every state is carried on in accordance with the provisions of the Constitution. Article 360 states that when the President is satisfied that situation has arisen whereby the financial stability or credit of India or part of the territory thereof is threatened, he may make a declaration to that effect. The 44th Amendment makes Article 360 self contained. Such a Proclamation can be revoked or varied by the President by a subsequent Proclamation. But if the Lok Sabha is dissolved during that period of two months and resolution is approved by the Rajya Sabha, but not approved by the Lok Sabha the Proclamation shall cease to operate at the expiry of the thirty days a resolution approved by the Lok Sabha is passed by the Lok Sabha.[xv] During the period when such a proclamation is in operation, the executive power of the Central government shall extend to giving directions to any State specified in the direction and deemed necessary by the President for maintaining financial stability and the credit of the state. Such direction may include reduction of salaries and allowances including the judges of the Supreme Court and High Courts. The period of financial emergency will be in operation for two months and unless approved by President, it shall end at the expiry of the two months period. The Constitution of India is unique in respect that it contains a complete scheme for speedy readjustment of the peace time governmental machinery in movements of natural peril. The provisions may appear to be particularly in a Constitution which professes to be built upon an edifice of fundamental rights and democracy. But the provisions must be must be studied in the light of Indiaà ¢Ã¢â€š ¬Ã¢â€ž ¢s past history. India had her past glorious days whenever the Central power grew weak. It is far well that the Constitution guards against the forces of disintegration. Events may take place threatening the very existence of the State and if there are no safeguards against such eventualities, the State together with all that is desired to remain basic and innumerable will be swept away. ENDNOTES [i] Professor Narendra Kumar, Eight Edition, 2011, Constitutional a Law of India, Pages 972-973. [ii] Bhutnath v State of West Bengal, 1974 AIR 806, 1974 SCR (3) 315. [iii] Professor Narendra Kumar, Eight Edition, 2011, Constitutional a Law of India, Pages 975. [iv] Minerva Mills v Union of India Ors, 1980 AIR 1789, 1981 SCR(1)226. [v] S.R.Bommai v Union of India, 1994 AIR 1918. [vi] S.R.Bommai v Union of India, 1994 AIR 1918. [vii]Minerva Mills v Union of India Ors, 1980 AIR 1789, 1981 SCR(1)226. [viii] T.K.Tope , Constitutional Law of India, Third Edition, p. 1028. [ix] T.K.Tope , Constitutional Law of India, Third Edition, p. 1029. [x] T.K.Tope , Constitutional Law of India, Third Edition, p. 1029. [xi] S.R.Bommai v Union of India, 1994 AIR 1918. [xii] S.R.Bommai v Union of India, 1994 AIR 1918. [xiii] Dr.Subhash C. Kashyap, Constitutional Law of India, Article 226A-End, Evaluation, Review and Reforms. Volume 2, p.2228. [xiv] Dr.Subhash C. Kashyap, Constitutional Law of India, Article 226A-End, Evaluation, Review and Reforms. Volume 2, p.2229. [xv] Dr.J.N.Pandey, The Constitutional Law of India, 49th Edition, 2012, p775-778.