Prejudice and Racial Discrimination in America Essay examples -- Socio

It has been over 500 years since Columbus sailed the ocean blue and yet the vast majority of that time has been filled with the woes, wickedness and oppression of the American white man for his darker skinned brethren. If we take as our assumption that such raci entirelyy motivated injustice can not be justified and should not persist then we must first understand how such an obvious imbalance came to be and what can and should be done to forbid it in the future. Historically hatred was born out of fear and misunderstanding of cultural, religious and physical differences, and the economic necessities of the time. It persisted because of the even greater fear of admitting ones mistakes and the divestiture of power From African Americans when they some needed it. Even today it is diminished but not vanquished as linguistic and educational challenges combine with disagreements amongst those calling for integration to further viewpoint our ability to achieve racial ha rmony. Hatred is an ancient evil that may yet be conquered through understanding. The place to begin is of course at the beginning, when first the white man came dominate and slander the African man. For our purposes this begins back in the colonial period of America when first the African people were brought across the ocean. prickle then it is not unlikely that these people were treated much like any white compelled into indentured servitude (Takaki 53-4). However it seems clear to me that these black men most certainly would have been immediate outsiders, strangers from an uncivilized land lacking both English and Christian customs. These men were brought here expecting to be slaves or worse, and in all probability were not prepared for even the slim... ... Allen, Vicki. Democrats Push Congress to Condemn Bob Jones Univ. Reuters. 29 Feb. 2000 http//dailynews.yahoo.com/h/nm/20000229/pl/congress_bobjones_3.html. Asante, Molefi Kete. Luncheon Keynote Address. Greenberg 17-21. Fafwuna, A. Babs. Education in the Mother Tongue. Greenberg 22-29. Greenberg, James, ed. International and Multicultural Perspectives. Beltsville, MD BelJean Printing, 2000. Orlando Taylor Speech. Videotape. Dir. James Greenberg. Narr. Orlando Taylor. Greenberg Class Video Set, 1990. Steele, Shelby. Beyond Ebonics. Greenberg 30-31. Sutter, Rita. When Yesterdays Traditions are Thankfully Past. Greenberg 38-39. Takaki, Ronald. A Different Mirror A business relationship of Multi-Cultural America. New York Bay Back Books, 1993. Weil, Danny. Towards a Critical Multicultural Literacy Greenberg 1-9.

Provisional Voting :: essays research papers

Part ICurrent Social Issues One social burn in my community that concerns me is that of provisional voting, which is proving to be an replication in many communities. The compulsion that all verbalizes key out provisional voting available was passed tear down by congress. Unfortunately, no guidelines were included with this requirement, and therefore the decisions on which provisional votes be counted and which ones are not differ not only from state to state but from county to county. As a result, provisional voting is beneficial to few and not to others. The main agencies snarled with this issue would be the local election partings as well as the secretaries of state.Part IIRelevant AgenciesQuite obviously, the main elbow room that would be pertain with the issue of provisional voting is the local elections office. This agency devotes great energies to make sure that every member of the public is given the opportunity to cast their votes. Because this is the agency th at determines whether or not each provisional vote pass on count, these are the individuals that play the most major roll. The Secretary of States office is to a fault like to be involved in provisional voting. Each state is expected to be responsible for drawing up guidelines for the procedures to be followed for provisional voting. At present time, the guidelines are unclear, if existent at all, but at some point must be addressed by the Secretary of State. The local elections office and the Secretary of State represent the government sector. The final organization that I expect to see involved with provisional voting are the pollworkers. These are the individuals that inform their time on election day to officiate the polls where votes are cast. Since provisional voting is still quite new, the procedures can be somewhat confusing, and it is these battalion that must make sense of it. I would classify them as be part of the philanthropic sector.Part IIIFinal Paper TopicThe iss ue I gift chosen to further develop for my final newsprint is that of provisional voting and the guidelines by which the decisions are made as to which provisional votes will be counted and which will not. I have chosen to pursue this contingent issue due to the fact that I work as an Elections Coordinator and I have recently experienced my first election from behind the scenes, so to speak. tentative voting is a serious issue, required by Congress, but handed down with little or no guidelines.Provisional Voting essays research text file Part ICurrent Social Issues One social issue in my community that concerns me is that of provisional voting, which is proving to be an issue in many communities. The requirement that all states make provisional voting available was passed down by congress. Unfortunately, no guidelines were included with this requirement, and therefore the decisions on which provisional votes are counted and which ones are not differ not only from state to st ate but from county to county. As a result, provisional voting is beneficial to some and not to others. The main agencies involved with this issue would be the local election offices as well as the secretaries of state.Part IIRelevant AgenciesQuite obviously, the main agency that would be involved with the issue of provisional voting is the local elections office. This agency devotes great energies to make sure that every member of the public is given the opportunity to cast their votes. Because this is the agency that determines whether or not each provisional vote will count, these are the individuals that play the most major roll. The Secretary of States office is also like to be involved in provisional voting. Each state is expected to be responsible for drawing up guidelines for the procedures to be followed for provisional voting. At present time, the guidelines are unclear, if existent at all, but at some point must be addressed by the Secretary of State. The local elections office and the Secretary of State represent the government sector. The final organization that I expect to see involved with provisional voting are the pollworkers. These are the individuals that volunteer their time on election day to officiate the polls where votes are cast. Since provisional voting is still quite new, the procedures can be somewhat confusing, and it is these people that must make sense of it. I would classify them as being part of the philanthropic sector.Part IIIFinal Paper TopicThe issue I have chosen to further develop for my final paper is that of provisional voting and the guidelines by which the decisions are made as to which provisional votes will be counted and which will not. I have chosen to pursue this particular issue due to the fact that I work as an Elections Coordinator and I have recently experienced my first election from behind the scenes, so to speak. Provisional voting is a serious issue, required by Congress, but handed down with little or no guidelines.

Drudging Through Academia: Four Articles :: essays research papers fc

Reading the four assigned articles, to me, was equivalent to the Reading section of the ACT. some(prenominal) seem to drag on for what seems like hours and require much re-reading to comprehend the complete message trying to be conveyed. My point is non that these articles are not worth reading. They contain valuable information about a very tough objective in academia to solar day writing. More directly, their focus seems to be the different methods available to help improve the writing of the up-and-coming writers of today. The only question I pose is whether all of the points presented in these articles pertain to the every day academy. The common point of the articles is clear they house the authors theories for bettering the work of young writers.The authors of these articles use very persuasive points throughout their individual articles to install their belief in these central elements. Especially evident in the article, Inventing the University, by David Bartholomae, was an arrogant tone toward the basic writers of todays society. He repeatedly refers to the fact that these basic writers are conclude out or do not comprehend the privileged language of the elite group (139). This leads me to believe that the basic writers are unfairly judged plain base on their lack of experience. Being one of these so-called basic writers, I do not especially like my writing being degraded simply be face I have a smaller interest in every minuscule detail of academic writing. In Building a Mystery alternate(a) Research Writing and the Academic Act of Seeking, by Robert Davis and Mark Shadle, the authors do something similar. They bring up the point that close emphasis is put on the question paper while little is put on other projects such as a cultural research project. Such a project would cause the student to explore topics of interest and fascination and use a variety of sources to inform projects that combine multiple genres and, in some cases, different m edia, disciplines, and cultures. (Davis 431). Also, they assume that well all inexperienced writers rely on a type of recipe for research papers and other projects. One could say that this assumption is true since most college students write papers that are cut-and-dry research papers, following exact guidelines set by their instructors. Yet little credit is given to the creativity of these writers, however though it may (and most likely does) exist.

media avoidance Essay -- essays research papers

In my everyday life I use all sorts of media, they vomit from cable television, Internet, radio, and the newspaper. For myself media, is the form and technology I use to receive and communicate information. The different forms of media I was trying to avoid were cable television, the internet and radio. I reckon if I could avoid those things I would be doing well in avoiding most obvious forms of mass media. What I realized as I began this whole bring forth this whole experience is that the mass media is an important if not the most important part of my everyday life. I use it for almost everything I do and it surrounds me. On my first day of avoiding the media, which was on a Saturday, my plan going into was not check my e-mail, not watch television and not listen to the radio. This was not as easy as I thought, that morning when I woke up my first instinct was to check my e-mail. After I couldnt do that I mat all this anxiety that I was missing out on something. But I went wit hout, and was able to get to work without reading the newspaper or perceive to the radio. It was easy for me to avoid media at work because I work at Enterprise Rent-A-Car and all I do there is check bulk into cars and drive around the city all day. If I dont turn on the radio when Im driving cars then I pretty much avoid most media. The only problem I had at work is when I would be talk of the town to some customers and they would be talking about things they heard in the news, sports etc and I could...

Communication in Gustave Flauberts Madame Bovary Essay -- Madame Bova

Communication in Gustave Flauberts Madame Bovary In Gustave Flauberts Madame Bovary, the quest for the sublime and perfect expression seems to be trapped in the inability to successfully verbalize thoughts and interpret the words of others. The relationship between written words and how they are translated into dialogue and action is central in evaluating Emmas actions and fate, and last challenges the reader to look at the intricacies of communication. Flauberts portrayal of Emmas reading habits provides the basic framework for evaluating the way she processes information. In the purest representation of Emmas readership, she picked up a book, and then, dreaming between the lines permit it drop on her knees.(43). Flaubert uses reading to establish Emmas short attention span to any thoughts outside of her own. The book falling towards the floor symbolically creates the space for her illusions-- strike out Flaubert chooses the word dreaming instead of reading, stres sing her imaginative tendencies rather than those of a critical nature. In representing Emmas interpretation skills, her distortion of the material becomes a semi-conscious decision because she chooses to deviate from the maestro text, but at times her manipulation of words is more accurately described as misinterpretation. When Leon praises the entertainment value of the simplistic novels containing noble characters, pure affections, and pictures of happiness, she misses his hike conclusion that since these works fail to touch the heart, they miss, it seems to me, the true end of art (59). The subtext implies that she is incapable of distinguishing differences in the quality of expressions and understandi... ...ility for the interpretation of the text. Works Cited and Consulted Berg, William J. and Laurey K. Martin. Gustave Flaubert. impertinently York Twayne Publishers, 1997. Colet, Louise. Lui A capture of Him. Translated by Marilyn Gaddis Rose. Athens and Lon don University of Georgia Press, 1986. Flaubert, Gustave. Madame Bovary. Translated by Paul de Man. New York W.W. Norton and Company, 1965. Lottman, Herbert. Flaubert. Boston Little, Brown and Company, 1989. Maraini, Dacia. Searching for Emma Gustave Flaubert and Madame Bovary. Translated by Vincent J. Bertolini. Chicago University of Chicago Press, 1998. Nadeau, Maurice. The Greatness of Flaubert. New York Library Press, 1972. Steegmuller, Francis. Flaubert and Madame Bovary. New York Farrar, Straus and Giroux, 1968. Troyat, Henri. Flaubert. New York Viking, 1992.

My Writing is My Voice :: Teaching Writing Education Essays

My Writing is My VoiceFor the longest time, I really did not know who I was. Not that I was confused about who I saw in the mirror, but I had know idea why I thought the mood I did about things. Science had always interested me. Animals have such a unique character created out of the need for survival. They are not influenced by outside pressures to conform. I made the decision to study them for the rest of my life. But I really did not know what isolated me, as a human, from my cat. The check systems and church tried to give me explanations. They encompassed the fact that I think logically, have problem solving skills, emotions, and make decisions based on these emotions. Animals did not have these abilities and this separated them form us. But the education started to contradict itself.After being exposed to a vast majority of animals, I saw abilities that humans postnot posses. Some can fly, breath underwater, and exist in climates where humans cannot without artificial device s. Humans cannot survive winters without clothes or travel the oceans without boats. The system was lying to me. Animals could adapt and think quite well. We were not better, just different. This made me lose faith in the system and I began to take up independent thought.Because I thought I should be a truly independent thinker, I believed that everything I knew was a product of my own discovery. Within my own mind, everything was the way it was because I thought it. The rest of the learning in my head was only a bunch of stuff set up by society for me to learn.When I left my small town of prodigious Lake after graduation, I was in search of a higher education. Where? A university of course I rushed into the world of undergraduates with hopes and dreams of someday being able to inform a reason for everything. But I did not want to do it in the same fashion the system was requiring it. They made the rules and I was supposed to describe them. I did not like what they had to say. I questioned most everything. There were disciplines though that I did not question. Physics, biology, and chemistry existed long before humans. I have already seen them in nature. Nature itself was proof enough to believe in their validity.

Macbeth Good vs Evil Essay

Look like the innocent flower only when be the serpent under it let non light see my deep and unknown desires to alter favour ever is to fear The service and the loyalty I owe Point against point, rebellious arm gainst arm 1. How are they corrupted by the evil in them? After reaching the highest level success Macbeth still desires more and is leave behinding to fall to any level to achieve it. When the evil presents Macbeth with the opportunity, he puts all his trust in it later to find out evil has whileoeuvreed a double game. 2. Is Lady Macbeth totally evil?Lady Macbeth is not evil she is only trying to help her husband in his ambition, she takes support of evil to fulfil her ambition when she pushes Macbeth to kill Duncan and challenges his manhood that she forgets her morals because she is too disoriented in her ambition. 3. Find examples in the play in which characters try to hide the truth from around them? Macbeth hallucinates about Banquos phantom who symbolises Macbet hs goodness hardly to hide his offensey conscious he becomes cruel towards others. Banquo hides the prophecy from the rest of the kingdom because he doesnt believe them to be true, but still doubts Macbeth for Duncans murder.4. Why do they do it? Macbeth hid his 3 prophecies from others because he didnt know whether it would be true or not and because once he heard that Malcolm will inherit his fathers throne. He and Lady Macbeth planned to kill the king therefore, if bulk knew about his prophecies they would have suspect him in an instant the pansy is dead. 5. What does this identify us about the world around them? The world is really small and they would go to any limits to protect themselves and achieve their goals. 6. Macbeth and Banquos reactions to the witches prophecies are very different.In what ways? Macbeth doesnt believe at first but when he is promoted he starts to believe and uses the prophecies as guide towards his ambition whereas Banquo never believed in the wi tched and always thought they were evil. 7. What are the different consequences of their attitudes? Macbeth believed in evil and let it guide him into an instant of success which eventually leads him to his own destruction, death. Banquo doesnt believe in evil and let good guide his way, but is murdered by Macbeth because he was so good that Macbeth got scared for his safety. 8.Would you consider Macbeths ambition to be flaw in his character? Macbeth ambition is too great for him to handle, and he put all of his trust on those prophecies which lead to his downfall. Those prophecies can be seen as hallucination and instead of trusting his surroundings, his friends. 9. What about Lady Macbeths ambition? Is she ambitious for herself or her husband? Lady Macbeths ambition only started when she got the earn from Macbeth and she wanted to help her husband make the prophecies come true. The only thing thats in the way to make the prophecy came true is Malcolm.10. What has the play got to tell us about selfish, unchecked ambition? The play tells the audience that being selfish will display and illusion success would disappear if the person dough to feel human emotions. 11. Why does Banquos ghost only appear to Macbeth during the banquet? Banquos ghost only appeared to Macbeth during the banquet is because it was Macbeths conscience and guilt that take shape to form Banquos ghost. No one else in the banquet knew that it was Macbeth who plotted his friends death. 12. What does this tell us about Macbeths conscience?It tells us that Macbeth is guilty of the crimes he had committed, and soon realises that once his left alone no one he could trust, like Banquo. 13. Find examples in the play to comment on this theme When Duncan is King of Scotland, it seems that the place is peaceful and everyone can trust each other. Whereas when Macbeth is King there are chaos everywhere and people couldnt trust each other because they afraid that the other person might be Macbeths spie s and their lives would be in danger if they said anything against Macbeth. 14. hand Banquos sense of honour Banquo might as well be a little responsible for Duncan death because he hide the prophecies from the kingdom though he always remained loyal to his serving king. 15. Why is Malcolm so suspicious of an honourable character like Macduff? Malcolm was so suspicious of Macduff because the former Thane of Cawdor was an honourable man and yet he betrayed Duncan. Malcolm wanted to make sure that when he would be surrounded by trustworthy and loyal Thanes and not the ones that would be power peckish like Macbeth. 16.Review and list again the qualities Shakespeare thinks are needed by a king to govern a country Honesty Kind becoming Loyalty Generosity Courage 17. List the things that are not what they seem to be, and people whose reality is different from their appearance Duncan visits Macbeths castle and was amazed at the view of the castle but didnt know that Macbeth and Lady Macb eth plotted to kill him. The old Thane of Cawdor seems like hes very noble but he ended up being a traitor. A dagger A A wood B False promises A A ghost A Two guilty grooms A A wicked prince- A A foul and fair day B.

Bobcats

The bay lynx (Lynx rufus) is a North American mammal of the cat family Felidae, appearing during the Irvingtonian compass point of around 1. 8 million years ago (AEO). 3 With 12 recognized subspecies, it ranges from southern Canada to northern Mexico, including most of the continental United States. The bobcat is an adaptable piranha that inhabits wooded areas, as well as semidesert, urban edge, forest edges, and swampland environments. It persists in much of its original range, and existences are healthy. With a gray to brown coat, whiskered face, and black-tufted ears, the bobcat resembles the other species of the mid-sized Lynx genus.It is smaller on clean than the Canada lynx, with which it shares parts of its range, but is more than or less twice as large as the domestic cat. It has characteristic black bars on its forelegs and a black-tipped, stubby tail, from which it derives its name. Though the bobcat prefers rabbits and hares, it will hunt anything from insects, chic kens, and small rodents to deer. Prey excerption depends on location and habitat, season, and abundance. like most cats, the bobcat is territorial and largely solitary, although with some overlap in home ranges.It uses several methods to mark its territorial boundaries, including claw marks and deposits of urine or feces. The bobcat breeds from winter into spring and has a gestation period of about two months. Although bobcats have been hunted extensively by humans, both for sport and fur, their population has proven resilient. The elusive predator features in Native American mythology and the folklore of European settlers. The bobcat resembles other species of the Lynx genus, but is on average the smallest of the four. Its coat is variable, though generally tan to grayish-brown, with black streaks on the body and dark bars on the forelegs and tail.Its spotted patterning acts as camouflage. The ears are black-tipped and pointed, with short, black tufts. There is generally an neut ral color on the lips, chin, and underparts. Bobcats in the desert regions of the southwest have the lightest-colored coats, while those in the northern, forested regions are darkest. Kittens are born well-furred and already have their spots. 10 A few melanistic bobcats have been sighted and captured in Florida. They appear black, but may still exhibit a spot pattern. 11 The face appears wide due to ruffs of broaden hair beneath the ears.Bobcat eyes are yellow with black pupils. The nose of the bobcat is pinkish-red, and it has a base color of gray or yellowish- or maroon on its face, sides, and back. 12 The pupils are round, black circles and will widen during nocturnal activity to maximize light reception. 13 The cat has sharp hearing and vision, and a good sniff out of smell. It is an excellent climber, and will swim when it needs to, but will normally avoid water. 14 The adult bobcat is 47. 5 to 125 cm (18. 7 to 49 in) long from the head to the base of the tail, averaging 82. 7 cm (32. 6 in) the stubby tail adds 9 to 20 cm (3. to 7. 9 in) 12 and its bobbed appearance gives the species its name. 15161718 An adult stands about 30 to 60 cm (12 to 24 in) at the shoulders. 1019 Adult males can range in weight from 6. 4 to 18. 3 kg (14 to 40 lb), with an average of 9. 6 kg (21 lb) females at 4 to 15. 3 kg (8. 8 to 34 lb), with an average of 6. 8 kg (15 lb). 2021 The largest bobcat accurately measured on record weighed 22. 2 kg (49 lb), although unverified reports have them reaching 27 kg (60 lb). 22 Furthermore, a June 20, 2012 report of a New Hampshire roadkill specimen listed the animals weight at 27 kg (60 lb). 23The largest-bodied bobcats are from eastern Canada and northern New England of the subspecies (L. r. gigas), while the smallest are from the southeastern subspecies (L. r. floridanus), particularly those in the southern Appalachians. 24 The bobcat is muscular, and its hind legs are longer than its front legs, giving it a bobbing gait. At birth, it weighs 0. 6 to 0. 75 lb (270 to 340 g) and is about 10 in (25 cm) in length. By its first birthday, it will reach about 10 lb (4. 5 kg). 14 The cat is larger in its northern range and in open habitats. 25 A morphological size comparison study in the eastern United States found a divergence in the location of the largest male and female specimens, suggesting differing selection constraints for the sexes. The bobcat is crepuscular. It keeps on the move from three hours before sunset until about mid nighttime, and then again from before dawn until three hours after sunrise. Each night it will move from 2 to 7 mi (3. 2 to 11 km) along its habitual route. 14 This behavior may vary seasonally, as bobcats become more diurnal during fall and winter in response to the activity of their prey, which are more active during the day in colder months.

Accouting 303 Project

2. As a for-profit entity, my company must record the amount of the donation as an expense at the just cherish of the donated asset. In this case, my company must recognized a loss of eight kB dollars, simply because the equitablely value of my donated asset is two thousand dollars. Furthermore, I must update my books by debiting Contribution Expense and Loss on disposal of x asset for $2,000 and $8,000 crediting the asset for $10,000.In this case, the plumb value of my asset was lower than its book value forcing me to recognize a loss on my contribution. FASB ASC 845-10-30-1In general, the accounting for nonmonetary transactions should be based on the fair values of the assets (or services) involved, which is the same basis as that used in monetary transactions. Thus, the cost of a nonmonetary asset withdrawd in exchange for another(prenominal) nonmonetary asset is the fair value of the asset surrendered to obtain it, and a gain or loss shall be recognized on the exchange.The fair value of the asset received shall be used to measure the cost if it is more distinctly evident than the fair value of the asset surrendered. Similarly, a nonmonetary asset received in a unreciprocated transfer shall be recorded at the fair value of the asset received. A transfer of a nonmonetary asset to a stockholder or to another entity in a nonreciprocal transfer shall be recorded at the fair value of the asset transferred and a gain or loss shall be recognized on the disposition of the asset.FASB ASC 845-10-30-2The fair value of an entitys own stock reacquired may be a more clearly evident measure of the fair value of the asset distributed in a nonreciprocal transfer if the transaction involves distribution of a nonmonetary asset to eliminate a disproportionate region of owners interests (that is, to acquire stock for the treasury or for retirement).If one of the parties in a nonmonetary transaction could bring on elected to receive cash instead of the nonmonetary asse t, the amount of cash that could subscribe to been received may be evidence of the fair value of the nonmonetary assets exchanged. 1. In this case, the facility is a Qualifying asset an asset that takes a substantial accomplishment of time to get ready for its intended use. Therefore, borrowing cost that are directly tie in to the acquisition of this facility can be capitalized as part of the cost of the asset. On the other and, an alternative is the Benchmark treatment, which expenses borrowing costs when incurred. I chose to capitalize the facility, because expenses should follow revenues, in accordance to the matching principle. My facility go away not be productive until my long-term interrogation and ontogenesis projects produce revenues. FASB ASC 730-10-25-2Elements of costs shall be identified with research and developing activities as follows (see Subtopic 350-50 for guidance relate to website tuition) * a. Materials, equipment, and facilities.The costs of materials (whether from the entitys normal inventory or acquired specially for research and development activities) and equipment or facilities that are acquired or constructed for research and development activities and that have alternative approaching uses (in research and development projects or otherwise) shall be capitalized as tangible assets when acquired or constructed. The cost of such materials consumed in research and development activities and the depreciation of such equipment or facilities used in those activities are research and development costs.However, the costs of materials, equipment, or facilities that are acquired or constructed for a particular research and development project and that have no alternative future uses (in other research and development projects or otherwise) and therefore no separate economic values are research and development costs at the time the costs are incurred. See Topic 360 for guidance related to property, plant, and equipment the Impairment or Disposal of Long-Lived Assets Subsections of Subtopic 360-10 for guidance related to impairment and disposal and paragraphs 360-10-35-2 through 35-6 for guidance related to depreciation. * b. Personnel. Salaries, wages, and other related costs of personnel engaged in research and development activities shall be include in research and development costs. ? * c. Intangible assets purchased from others. The costs of intangible assets that are purchased from others for use in research and development activities and that have alternative future uses (in research and development projects or otherwise) shall be accounted for in accordance with Topic 350.The amortization of those intangible assets used in research and development activities is a research and development cost. However, the costs of intangibles that are purchased from others for a particular research and development project and that have no alternative future uses (in other research and development projects or otherwise) and therefore no separate economic values are research and development costs at the time the costs are incurred. ? * d. Contract services.The costs of services performed by others in connection with the research and development activities of an entity, including research and development conducted by others in behalf of the entity, shall be included in research and development costs. ? * e. Indirect costs. Research and development costs shall include a reasonable allocation of indirect costs. However, general and administrative costs that are not clearly related to research and development activities shall not be included as research and development costs. ?

Decision of the Union of India Essay

The validity of the decision of the Union of India to disinvest and commute 51% shares of M/s. Bharat Aluminium family Limited (hereinafter referred to as BALCO) is the primary issue in these upshots. BALCO was incorporated in 1965 as a governing body of India Undertaking nether the Companies Act, 1956. Prior to its disinvestment it had a gift share capital of Rs.488.85 crores which was owned and controlled by the judicature of India. The comp any is engaged in the manufacture of aluminium and had plants at Korba in the c totally forth of Chhattisgarh and Bidhanbag in the State of West Bengal. The Company has integrated aluminium manufacturing plant for the manufacture and sale of aluminium metal including wire rods and semi- fabricated products.The Government of Madhya Pradesh vide its letter dated eighteenth March, 1968 wrote to BALCO stating that it proposed that arrive be granted to it on a 99 days lease subject to the name and conditions contained in that locationin. The letter envisaged giving on lease Government land on payment of premium of Rs.200/- per acre and, in addition thereto in like manner to provide tenure land which was to be acquired and transferred on lease to BALCO on payment by it the actual cost of acquisition plus annual lease rent. Vide its letter dated 13th June, 1968 BALCO gave its assent to the proposal contained in the said(prenominal) letter of 18th March, 1968 for transfer of land to it.BALCO intimated by this letter that the total requirement of land would be ab aside 1616 acres. Thereafter, in addition to the Government land which was transferred, the Government of Madhya Pradesh acquired land for BALCO under the comestible of the kingdom Acquisition Act, 1894 on payment of compensation. The District Collector, Bilaspur similarly granted permission under Section 165(6) of the M.P. Land Revenue Code, 1959 for acquiring/transferring private land in favour of BALCO. As a result of the aforesaid, BALCO set up its es tablishment on its acquiring land from and with the help of the State Government.Since 1990-91 successive Central Government had been planning to disinvest approximately of the Public Sector Undertakings. In pursuance to the constitution of disinvestment by a Resolution dated 2 tertiary August, 1996 the Ministry of Industry (Department of Public Enterprises) Government of India constituted a Public Sector Disinvestment relegation initially for a period of threeyears. The Resolution stated that this thrill was established in pursuance of the Common Minimum Programme of the United Front Government at the Centre. The cathexis was an independent, non-statutory advisory body and was headed by Shri G. V. Ramakrishna who was to be its Full-time Chairman. The Commission had quatern part-time Members. Paras 3, 4 and 5 of the said Resolution are as follows 3. The broad terms of reference of the Commission are as follows I. To draw a comprehensive overall long term disinvestment programm e within 5-10 years for the PSUs referred to it by the Core Group. II. To determine the extent of disinvestment (total/partial indicating percentage) in each of the PSU. III. To prioritise the PSUs referred to it by the Core Group in terms of the overall disinvestment programme. IV. To commend the preferred mode(s) of disinvestment (domestic capital trades/international capital markets/auction/private sale to identified investors/any some other) for each of the identified PSUs. Also to suggest an appropriate motley of the various alternatives taking into account the market conditions. V. To recommend a mix between primary and secondary disinvestments taking into account Governments objective, the applicable PSUs funding requirement and the market conditions. VI. To supervise the overall sale process and own decisions on instrument, pricing, timing, etc. as appropriate.VII. To select the financial advisors for the specified PSUs to allay the disinvestment process. VIII. To t ake care that appropriate measures are interpreted during the disinvestment process to protect the interests of the affected employees including encouraging employees participation in the sale process. IX. To monitor the communicate of disinvestment process and take necessary measures and report periodically to the Government on such progress. X. To assist the Government to create habitual awareness of the Governments disinvestment policies and programmes with a picture to developing a commitment by the people.XI. To give wide publicity to the disinvestment proposals so as to ensure larger public participation in the shareproperty of the participateprises and XII. To notify the Government on possible capital restructuring of the enterprises by marginal investment, if required, so as to ensure enhanced realisation through disinvestment. 4. The Disinvestment Commission will be advisory body and the Government will take a final decision on the companiesto be disinvested and mode o f disinvestment on the basis of advice given by the Disinvestment Commission. The PSUs would implement the decision of the Government under the overall supervision of the Disinvestment Commission. 5. The Commission while advising the Government on the above matters will besides take into term the interests of stakeholders, change stateers, consumers and others having a stake in the relevant public sector undertakings.It whitethorn here be noted that by a Resolution dated twelfth January, 1998 the earlier Resolution of 23rd August, 1996 was partly modified with deletion of paras 3, 4 and 5 and by substitution of the same by the following 3(i) The Disinvestment Commission shall be an advisory body and its role and function would be to advise the Government on Disinvestment in those public sector units that are referred to it by the Government. 3(ii) The Commission shall also advise the Government on any other matter relating to disinvestment as may be specifically referred to it by the Government, and also carry out any other activities relating to disinvestment as may be assigned to it by the Government. 3(iii) In qualification its recommendations, the Commission will also take into consideration the interests of workers, employees and others stake holders, in the public sector unit(s).3(iv) The final decision on the recommendations of the Disinvestment Commission will vest with the Government. According to the Union of India, it laid down the broad procedures to be followed for treat the recommendations of the Disinvestment Commission. It was, inter alia, decided that i. The Ministry of pay ( today Department of Disinvestment) would process the recommendations of the Disinvestment Commission, by inviting comments from the concerned administrative machinery ii. Submit the recommendations to the Core Group of Secretaries for Disinvestment for consideration iii. The recommendations of the Core Group of Secretaries would hence be taken to Cabinet for decis ioniv. It was also decided that the Core Group of Secretaries would be headed by the Cabinet Secretary and its permanent members would be Finance Secretary, Revenue Secretary, Expenditure Secretary, Secretary Department of Public Enterprises, Secretary Planning Commission and Chief Economic Advisor, Ministry of Finance, and v. To implement the decisions, an Inter-MinisterialGroup headed by the Secretary/ join Secretary of the Administrative Ministry and consisting of Joint Secretaries of Department of Economic Affairs, Department of Public Enterprises, alongwith the Chairman and Managing Director of the Companies as Members and Director (Finance) of the company as the Convenor. In case of BALCO, the IMG consisted of Secretary level Officers and was headed by Secretary (Mines).On 10th December, 1999 the Department of Disinvestment was set up and the responsibilities which were earlier assigned to the Ministry of Finance have now been transferred to this Department. The Disinvestment Commission in its 2nd give notice (of) submitted in April, 1997 advised the Government of India that BALCO needed to be privatised. The recommendation which it made was that the Government may immediately disinvest its holding in the Company by offering a significant share of 40% of the impartiality to a strategic associate. The Report further advised that there should be an agreement with the selected strategic partner specifying that the Government would within two years make a public offer in the domestic market for further sale of shares to insane asylums, small investors and employees thereby bringing down its holding to 26%.The Commission also recommended that there should be an on-going review of the situation and the Government may disinvest its balance justice of 26% in full in favourof investors in the domestic market at the appropriate time. The Commission had recommended the appointment of a Financial Advisor to undertake a proper military rank of the company and t o conduct the sale process. The Commission had categorised BALCO as a non-core stem industry. The Chairman of the Disinvestment Commission wrote a letter dated 12th June, 1998 to the Secretary, Ministry of Mines, Government on India drawing the Governments attention to the recommendation of the Commission for sale of 40% of honor in BALCO and to bringing down of the Government holding to 26% within two years.This letter whence referred to the 5th Report of the Commission wherein it had reviewed the question of strategic sale and had suggested that the Government may keep its shareholding below the level of investment being offered by the strategic buyer and its divesting some portion of equity to other entities. This letter noted that in these circumstances, it may be difficult to get in a multilateral financial institution to act fast intaking up share of BALCO. The Chairman of the Commission then recommended that in keeping with the spirit of the recommendations of the 5th Repo rt, you may now kindly consider offering 51% or more to the strategic buyer along with transfer of management. This sale will enable a savourless transaction with the participation of more bidders and better price for the shares. This will also be in keeping with the current policy as announced by the FM in his recent budget speech.The Cabinet committal on Economic Affairs had, in the meantime, in September 1997 granted commendation for appointment of a technological and financial advisor, selected through a competitive process, for managing the strategic sale and restructuring of BALCO. Global advertisement was then issued inviting from interested parties Expression of recreate for selection as a Global Advisor. The advertisement was published in four financial papers in India and also in The Economist, a renowned financial magazine published abroad. Eight Merchant Banks showed their interest in appointment of the Global Advisor. The lowest bid of M/s. Jardine Fleming Securiti es India Ltd. was accepted and approve by the Cabinet Committee on Disinvestment on 9th March, 1999.The Cabinet Committee on Disinvestment also clear the proposal of strategic sale of 51% equity in respect of BALCO. The decision of the Government to the aforesaid strategic sale was quarreld by the BALCO Employees Union by filing Writ Petition No. 2249 of 1999 in the High court of law of Delhi. This petition was disposed of by the High appeal vide its order dated 3rd August, 1999. On 3rd March, 2000, the Union Cabinet approved the Ministry of Mines proposal to reduce the share capital of BALCO from Rs.488.8 crores to Rs.244.4 crores. This resulted in cash flow of Rs.244.4 crores to the Union Government in the Financial Year 1999-2000.A formal agreement between Jardine Fleming, the Global Advisor and the Government of India was executed on 14th June, 2000. The Scope of work of the Global Advisor, inter alia, included the development, updating and review of a list of potential buy ers of the stake preparing necessary documents assisting the Government of India in sale negotiations with potential buyers and to advise on the sale price to coordinate and monitor the progress of the transaction until its completion.Thereafter, on 16thJune, 2000 the Global Advisor, on behalf of the Government of India, issued an advertisement calling for Expression of Interest in leading journals and newspapers such as the Economist, London, the exploit Journal, London, the Economic Times, India, Business Standard, India and the Financial Express, India. The invitation was to Companies and Joint Ventures which may be interested in acquiring 51% shares of the Government of India in BALCO. The last date for submitting the locution of interest was 30th June, 2000 and the interested companies were required to submit their expression of interest together with their Audited Annual Reports and a profile describing their business and operations.Eight companies submitted their Expression of Interest. These companies were as followsi. Sterlite Industries (India) Ltd.ii. Hindalco Industries Ltd.iii. Tranex Holding Inc.iv. Indian Minerals Corporation Plc.v. VAW Aluminium AG, Germanyvi. ALCOA, USAvii. Sibirsky, Russiaviii. MALCOM/s. Jardine Fleming, Global Advisor made an analysis of the various bids on the basis of the financial and technical capability, familiarity with India and overall credibility. Thereupon two companies, namely, Indian Minerals Corporation Plc. and Tranex Holding Inc. were rejected. The Inter-Ministerial Group (hereinafter referred to as IMG) set up by the Union of India, accepted the expression of interest of cardinal out of eight parties and it also decided that the bids of Sterlite and MALCO be treated as one. Thus there remained five prospective bidders but two, namely, VAW Aluminium AG, Germany and Sibirsky, Russia dropped out and the be three, namely, ALCOA, USA Hindalco and Sterlite conducted due diligence (inspection) on BALCO between S eptember to December, 2000. The IMG considered the drafts of the Shareholders Agreement and the Share PurchaseAgreement and had discussions with three prospective bidders and ultimately the said drafts were finalised on 11th January, 2001.For the purpose of carrying out the plus valuation of BALCO, the Global Advisor shortlisted four parties from the list of Registered Government Valuers approved by the Income-Tax Department. On 18th January, 2001, BALCO invited quotations from the four Registered Valuers, so short listed, and the quotation of Shri P. V. Rao was accepted. Shri P. V. Rao was a registered valuer of immovable property and his team mates were Government Registered Valuers authorised to value plant and machinery. They were assisted in the work of valuation by officers of the Indian Bureau of Mines for assessing the values of existing mines.Pending the receipt of the valuation report from Shri P. V. Rao, the Global Advisor on 8th February, 2001 request the three bidders to submit their financial bids alongwith other necessary documents by 15th February, 2001, which was later extended by one day. On 14th February, 2001 Shri P. V. Rao submitted his asset valuation report to M/s. Jardine Fleming. On 15th February, 2001, an valuation Committee headed by the Additional Secretary (Mines) was constituted. This Committee was required to fix the reserve price of 51% equity of BALCO which was to be sold to the strategic party. The three contenders, namely, Alcoa, Hindalco and Sterlite Industries Ltd. submitted their sealed bids to the Secretary (Mines) and Secretary (Disinvestment) on 16th February, 2001. It is thereafter, that M/s. Jardine Fleming presented its valuation report together with the asset valuation done by Shri P. V. Rao to the Evaluation Committee to work out the reserve price.The range of valuation of BALCO that emerged on various methodologies was as follows-(i) Discounted Cash die hard Rs. 651.2 994.7 crores(ii) Comparables Rs. 587 90 9 cores(iii) Balance Sheet Rs. 597.2 681.9 croresThus, the range of valuation by all these methods came between Rs.587 and Rs.995 crores for 100% of the equity. Ipso facto, for 51% of the equity, the range of valuation came out as Rs.300 to Rs.507 crores. The Evaluation Committee then deliberated on the various methodologies and concluded, asper the affidavit of the Union of India, that the most appropriate methodology for valuing the shares of a running business of BALCO would be the Discounted Cash immix method. It decided to add a control premium of 25% on the base value of equity (although the Advisor had viewed that the premium should range between 10-15%) and then add the value of non-core assets to arrive at a valuation of Rs.1008.6 crores for the company as a whole, 51% of which amounts of Rs.514.4 crores which was dictated as the Reserve Price.According to the respondents, the Evaluation Committee felt that Asset Valuation Report appeared to have over valued the fixed a ssets of the company at Rs.1072.2 crores. The committee further observed that the fixed asset valuation method was only a good indicator of the value that could be realised if the business was to be liquidated, rather than for valuing the business as a going concern. Furthermore, the asset valuation method did not take intoaccount the liabilities and contingent liability that go with the business.When the financial bids were opened, it was found that the bid of Sterlite Industries was the highest at Rs.551.5 crores, the bid of Hindalco was Rs.275 crores while ALCOA had opted out. The report of the Evaluation Committee for acceptance of the bid which was higher than the reserve price was considered by the IMG which recommended the acceptance of the bid of Sterlite Industries to the core group of Secretaries. This core group in turn made its recommendation to the Cabinet Committee on Disinvestment which on 21st February, 2001 approved/accepted the bid of Sterlite Industries at Rs.551. 5 crores. The Governments decision was communicated to Sterlite Industries on that date.The announcement of the decision to accept the bid of Sterlite Industries led to the initiation of legal proceedings challenging the said decision. On 23rd February, 2001 Dr. B. L. Wadhera filed Civil Writ Petition No. 1262 of 2001 in the Delhi High Court. This was followed by Writ Petition No. 1280 of 2001 filed by the employees of BALCO on 24th February, 2001 also in the High Court of Delhi. On that very date, i.e., on 24th February, 2001 another employee of BALCO, namely, Mr. Samund Singh Kanwar filed Civil Writ Petition No. 241 of 2001 in the High Court of Chhattisgarh. While the aforesaid writ petitions were pending there was a Calling Attention Motion on Disinvestment with regard to BALCO inthe Rajya Sabha. Discussions on the said achievement took place in the Rajya Sabha on 27th February, 2001 and the matter was discussed in the Lok Sabha on 1st March, 2001.The motion that this House disa pproves the proposed disinvestment of Bharat Aluminium Company Ltd. was defeated in the Lok Sabha by 239 votes to 119 votes. Soon thereafter on 2nd March, 2001, Shareholders Agreement and Share Purchase Agreement between the Government of India and Sterlite Industries Limited were signed. Pursuant to the execution of sale, 51% of the equity was transferred to Sterlite Industries Limited and a cheque for Rs.551.5 crores was received. It is not necessary to refer to the terms of the agreement in any great detail except to notice a few clauses which pertain to safeguarding the interest of the employees of the company.Clauses H and J of the preamble reads as follows H. Subject to Clause 7.2, the Parties envision that all employees of the Company on the date hereof shall continue in the employment of the Company. J. The SP recognises that the Government in relation to its employment policies follows certain principles for the benefit of the members of the Scheduled Caste/Scheduled Tribe s, physically handicapped persons and other socially disadvantaged categories of the society. The SP shall use its best efforts to cause the Company to provide adequate job opportunities for such persons. Further, in the event of any reduction in the strength of the employees of the Company, the SP shall use its best efforts to ensure that the physically handicapped persons are retrenched at the end.Clause 7.2 which contains the Representations, Warranties and Covenants of M/s. Sterlite Industries is as follows The SP represents and warrants to and covenants with each of the Government and the Company that (a) it has been duly incorporated or created and is validly subsisting and in good standing under the laws of the jurisdiction indicated in the preamble to this Agreement (b) it has the corporate power and authority to enter into and perform its obligations under this Agreement (c) this Agreement has been duly authorised, executed and delivered by it and constitutes a valid and bi nding obligation enforceable against it in unanimity with its terms (d) it is not a party to, bound or affected by or subject to any indenture,mortgage, lease agreement, instrument, charter or by-law provision, statute, regulation, judgment, decree or law which would be violated, contravened, breached by or under which default would occur or under which any payment or repayment would be speed up as a result of the execution and delivery of this Agreement or the consummation of any of the transactions provided for in this Agreement.(e) Notwithstanding anything to the different in this Agreement, it shall not retrench any part of the labour force of the Company for a period of one (1) year from the Closing Date other than any chemise or termination of employees of the Company from their employment in accordance with the applicable staff regulations and standing orders of the Company or applicable Law and (f) Notwithstanding anything to the contrary in this Agreement, but subject t o sub-clause (e) above, any restructuring of the labour force of the Company shall be implemented in the manner recommended by the Board and in accordance with all applicable laws. (g) Notwithstanding anything to the contrary in this Agreement, but subject sub-clause (e) above, in the event of any reduction of the strength of the Companys employees the SP shall ensure that the Company offers its employees, an option to voluntarily retire on terms that are not, in any manner, less favourable than thevoluntary retirement scheme offered by the Company which is referred to in Schedule 7.4 of the Share Purchase Agreement and (h) It shall vote all the voting equity shares of the Company, directly or indirectly, held by it to ensure that all provisions of this Agreement, to the extent required, are incorporated in the Companys articles of association.With the filing of the writ petitions in the High Court of Delhi and in the High Court of Chhattisgarh, an application for transfer of the pe titions was filed by the Union of India in this Court. After the notices were issued, the company received various notices from the authorities in Chhattisgarh for alleged beach of various provisions of the M. P. Land Revenue Code and the Mining Concession Rules. Some of the notices were not only addressed to the company but also to individuals alleging violation of the provisions of the engrave and the rules as also encroachment having taken place on Government land by BALCO.This led to the filing of the Write Petition No. 194 by BALCO in this court, inter alia, challenging the validity of the said notices. During thependancy of the writ petition, the workers of the company went on strike on 3rd March, 2001. Some interim orders were passed in the transfer petition and subsequently on 9th May, 2001 the strike was called off. By Order dated 9th April, 2001, the writ petitions which were pending in the High Court of Delhi and Chhattisgarh were transferred to this Court being imparti ng Case No. 8 of 2001 which pertains to the writ petition filed by BALCO Employees Union Transfer Case No. 9 of 2001 pertains to the writ petition filed by Dr. B. L. Wadhera in the Delhi High Court and Transfer Case No. 10 of2001 is the writ petition filed by Mr. Samund Singh Kanwar in the High Court of Chhattisgarh. On behalf of the BALCO Employees Union, Shri Dipankar P. Gupta, learned older counsel submitted that the workmen have been adversely affected by the decision of the Government of India to disinvest 51% of the shares in BALCO in favour of a private party.He contended that before disinvestment, the entire paid-up capital of BALCO was owned and controlled by the Government of India and its administrative control co-vested in the Ministry of Mines. BALCO was, therefore, a State within the nitty-gritty of Articles 12 of the Constitution. doctrine for this was placed on Ajay Hasia and Others vs. Khalid Mujib Sehravardi and Others, (1981) 1 SCC 722 Central Inland Water Tran sport Corporation Limited and Another Vs. Brojo Nath Ganguly and Another, (1986) 3 SCC 156. He also contended that by reason of disinvestment the workmen have lost their rights and protection under Articles 14 and 16 of the Constitution.This is an adverse civil consequence and, therefore, they had a right to be perceive before and during the process of disinvestment. The type of consultation with the workmen which was necessary, according to Shri Dipankar P. Gupta, was whether BALCO should go through the process of disinvestment who should be the strategic partner and how should the bid of the strategic partner be evaluated. Referring to the averment of Union of India to the effect that interest of the employees has been protected, Shri Dipankar P. Gupta, submitted that in fact there was no effective protection of the workmens interest inthe process of disinvestment.He further submitted that the workmen have reason to believe that apart from the sale of 51% of the shares in favour of Sterlite Industries the Agreement postulates that balance 49% will also besold to them with the result that when normally in such cases 5% of the shares are disinvested in favour of the employees the same would not happen in the present case. Reliance was placed on the decision of National Textile Workers Union and Others vs. P.R. Ramakrishnan and others, (1983) 1 SCC 228 and it was also contended that even though there may be no deviation of jobs in the present case but the taking away of the right or protection of Articles 14 and 16 is the civil consequence and, therefore, the workmen have a right to be heard. It was submitted that such rights and benefits are both procedural as well as substantive.Procedural benefits and rights includes the right to approach High Court under Article 226 of the Constitution and this Court under Article 32 of the Constitution in the event of violation of any of their rights. This is a major advantage since it is a relatively swift method of red ressal of grievances which would not be available to employees of private organisations. Instances were given of the substantive rights which flow from Articles 14 and 16 like, right to equality, equal pay for equal work, right to pension including the principle that there can be no discrimination in the matter of granting or withholding of pension vide Bharat oil (Erstwhile Burmah Shell) Management Staff Pensioners vs. Bharat Petroleum Corporation Ltd. and Others, (1988) 3 SCC page 32), right to inquiry and reasons before dismissal etc.The aforesaid contentions of Shri Gupta were supported by Shri G. L. Sanghi and Shri Ranjit Kumar, elderberry bush counsel, appearing for some of the Unions who were interveners in the writ petition filed by BALCO Employees Union. He submitted that the workers should have been heard at different stages during the process of disinvestment, the manner in which views may be invited and evaluated by the Government the method of evaluation the factors t o be taken into consideration and the choice of the strategic partner the terms and conditions under which the strategic partner will take over the employment of the workers and the terms and conditions of the Share Holders Agreement are the stages in which the workers should have been heard and consulted.It was submitted that the decision of the Delhi High Court of 3rd August, 1999 does not come in the way of these contentions being raised inasmuch as the petition at that time was regarded as premature and the order which was passed actually preserve the workers rights to raise thecontention in future. Reiterating these contentions Shri Ravindra Shrivastava, learned Advocate General, State of Chhattisgarh submitted that the State does not challenge the policy of disinvestment per se on principle as a measure of socio-economic reform and for industrial well being in the country. He however, contended that the implementation of the policy of disinvestment in the present case, has fa iled to evolve a comprehensive portion of socio-economic and political reform and to structure the decision making process so as to achieve in a just, fair and reasonable manner, the ultimate intent of the policy and that the interestof the workers in the industrial sector cannot be undermined and, therefore, any decision which was likely to affect the interest of the workers and employees as a class as a whole cannot and ought not to be taken to the exclusion of such class, lest it may be counter productive.He contended that the Disinvestment Commission had recommended that some percentage of equity share may be offered to the workers to solicit their participation in the enterprise and which would go a long way in proving the disinvestment plan meaningful and successful. In this regard, it was not shown from any material or record that the Government of India had at any stage addressed itself to this vital aspect of the disinvestment process or had taken into consideration the l ikely repercussions on the interest, right and status of the employees and workers. This non-consideration indicates that there has been an arbitrariness in not taking into consideration relevant facts in the decision making process.It is further contended that the impugned decision defeats the provisions of the M.P. Land Revenue Code and goes against the fundamental basis on which the land was acquired and allotted to the company. Implicit in the submissions on behalf of the employees is the challenge to the decision to disinvest majority of the shares of BALCO in favour of Sterlite Industries Limited. The first question, therefore, which would arise for consideration, is whether such a decision is amenable to judicial review and if so within what parameters and to what extent.On behalf of the Union of India, the Attorney General submitted that since 1990-91 successive Governments have gone in for disinvestment. Disinvestment had become imperative both in the case of Centre and the States generallyfor three reasons. Firstly, disrespect every effort the rate of hands of governmental enterprises had been woefully low, excluding the sectors in which government have a monopoly and for which they can, therefore, charge any price. The rate of return on central enterprises came to minus 4% while the cost at which the government borrows money is at the rate of 10 to 11%. In the States out of 946 State level enterprises, about 241 were not working at all about 551 were making losses and 100 were reported not to be submitting their accounts at all.Secondly, neither the Centre nor the States have resources to sustain enterprises that are not able to stand on their own in the new milieu of intense competition. Thirdly, despite repeated efforts it was not possible to change the work culture of governmental enterprises. As a result, even the strongest among them have been sinking into increasing difficulties as the environment is more and more competitive and technolog ical change has become faster. In support, the Solicitor General submitted that the challenge to the decision to disinvest on the ground that it impairs public interest, or that it was without any need to disinvest, or that it was inconsistent with the decision of the Disinvestment Commission was untenable.

The Psychodynamics of Depression

Depression Psychodynamic Theory I have been interested in the mechanics of depressive disorder since childhood, when my m different suffered with her steel her explanation of what I now recognise as a genuinely severe melancholia defined by Burton in 1621 as a kind of senility without a fever, having for his ordinary companions fear and sadness, without any app atomic number 18nt occasion (p739). My interest was further compounded by my clients, Valerie and Jo, when it become app atomic number 18nt to me that depression is one of the near common and debilitating phenomenon that I w consumptive probably have to encounter in my role as a Counsellor.Before beginning, it may be multipurpose to briefly consider Freuds warning that depression is not a homogenous group of conditions and that it probably involves more than one aetiology (Freud 1917). It can forge underlying cultural and environmental trends in addition to physiological factors. (Desjerlais et al. 1995) A review of t he literature reveals that re look relating to the nature and origins of the psychodynamic theory of depression is rich in contri yetions to the theme, thus this essay of necessity represents a high-altitude skim over a massive topic.I allow concentrate on authors who have make whatsoever of the most seminal contributions to the ontogenesis of the theory, namely Abraham, Freud, Jacobson, Klein and Mahler. ( in that respect are, in actuality, numerous other pioneers in the cultivation of this theory, such as Malan, Sandler, Spiz, Bibring, Rado, Blatt, Benedek, Lindemann, Kohut, some of which, due to word limit, I have not included). Bowlbys theory of bail bond, although not psychodynamic per se, is also considered, because the way in which people relate to liberation of appurtenance appears relevant to our agreement of depression.Schore, who describes the neuroscience of adherence and how the brain of the parent and child interact, has also been included The first thing we n eed to do is to be clear about four quite diametrical ways that we may talk about depression. Jacobson referred to them as normal, neurotic, psychotic and tribulation reactions (1971 p19). What Jacobson (1971) referred to as normal depression, appears to be akin to what Klein referred to as the depressive position (Segal 1973).She, who it appears from my literature search (Klein 1940, Meltzer 1989, Spillius 1983, currency Kyle 1964), more than any other psychoanalytic pioneer viewed the infant as a miniature boastful, found evidence of a depressive position from stemma (Klein 1932 in Meltzer 1989 p37). This is essentially a state of health, a capacity to bear offense, stay in touch with mental pain and emotional problems and bring thought to bear on situations (Meltzer 1998).According to Klein we oscillate between our ability to stay with painful situations or seek temporary relief finished splitting and ejection (defence mechanisms), returning to the paranoid-schizoid pos ition the state of sense existing in babies one that is constantly returned to throughout lifetime history to greater or lesser degrees (Klein 1932 in Money Kyle 1964). Defence mechanisms are defined as tactics which the Ego develops to help deal with the ID and the Super Ego (Freud 1923). Freud introduced the term ego in The Ego and The Id (1923).He holds that just now a portion of the mind is conscious and the rest lies hidden deep within the subconscious, ruled by conflicting forces of a super-strong libido (id) and super-controlling morality (superego) all translated through the ego, which attempts to balance the two through rationality (1923). Libido is described as the energy of the sexual instincts (Frued 1925). Neurotic depression or reactive depression can be unders withald as an exaggerated response to stress due to a weak state of ego strength combined with a failure of the remote support system.Neurotic depression consists of a fall in self hatch after the ego h as been abandoned by its ideal (Sandler 1965)). In current day terminology, Jacobsons psychotic depression could be termed a severe depressive episode with psychotic symptoms (WHO 1992). Brown and Harris studies state that proterozoic loss appears tied to the emergence of psychotic versus neurotic symptom patterns (1986). Bowlby thought a mother-child attachment could not be broken in the first years of life without permanent and serious violate to the childs future reading (Bowlby 1973). Jacobson said there is fusion of the self and the disapprove1 epresentation within the ego and superego, calling forth attack from an extremely pathologic sadistic and idealised superego on a fused and highly debauched self (Lund 1991, p533). The capacity for sadness is absent because the heading and its representation are devalued and united with the devalued representation of self (p534). This appears to be evidenced by Jo who was referred for treatment of severe anxiety and panic attacks , and whose symptoms include extreme suspiciousness and superstition of her peers, and delusional ideas relative to her mother.These psychotic-like symptoms could be related to the treatment she received from her mother who maltreated her and ultimately abandoned her when she was a toddler. Freud contrasted the mental processes involved in grief with those of depression which he termed melancholia (1917) the latter could now be referred to as a severe depressive episode (WHO 1992). He regarded both mourning and depression as grief reactions to the loss of someone or something love (1917).The distinction between the two conditions he described with the statement that in contrast to the mourner, the melancholic suffers an extraordinary decline in his self regard, and impoverishment of his ego on a grand scale (1917 p 153). The explanation of this key difference appears to rest on the psychological concept of identification. Freud argued that spark off of the self had undergone a c hange in depression through its be advance identified with the lost target area (1917). Object loss refers to traumatic separation from significant intents of attachment, usually mother (Bowlby 1973).In relation to the regressive identification Freud said Thus the shadow of the object fell upon the ego. implying that the pathetic self esteem of the melancholic is directly related to the condition of the introjected2 object (Freud 1917 p243 ). Abraham also accentuate the importance of introjection in melancholia (1911). Whereas mourning recognises the loss of an object that was darling and loved, the melancholics relationship to the lost object is necessarily more ambivalent, i. e. a dense complex of love and hate (Klein 1940 in Money-Kyle 1998 p 142).Freud stressed the importance of heightened ambivalence in melancholia. He suggests that melancholia involves a regression to the oral narcissism phase of the libido, when an identification with the lost object occurs (1917). At t he very early oral phase, described by Freud as primary narcissism ( 1914) and by Fairbairn as verbalise ego with a breast, (1952 p87 ), the mouth feeds on the breast and is temporarily content. However, disturbances in feeding and other related irritations generate the agony of regard and pains of anxiety.Consequently, fixation at the early oral phase results in the adjustment of a painful (bad) internal wanting and a nourishing (good) something somewhere in the vague uncharted outside of the child. Narcissism is described as an orientation course towards internal objects, characterised by self-preoccupation, lack of empathy, and unconscious deficits in self-pride (Kernburg 1969). Jos refusal to eat when in a severely depressed state could be viewed as her regression to oral narcissism.Freud also believed too many positive experiences during the first year of life could set an individual up for developing depression subsequent on in life (Comer, 1992). He posited that if an individual is nurtured too much as an infant, she will not develop beyond the oral stage of festering because there was never a need to. Although his theories emphasised the importance of early experience on later on development, I understand from the literature it was Abraham (1911) who first made this distinction.He defined melancholia as an ambivalent feeling of love and hate toward the self that arises from an early infantile disappointment in love (1911). He too connected loss at the oral stage to maladaptive coping during subsequent losses later in life (1924). Abraham tells us that melancholic clients are inaccessible to any criticism of their mode of thinking (1924). In them can be seen the narcissistic character of thought and disregard for people who confront them with globe as in the case of Jo who missed a session following my interpretation about her eating habits.Expanding on this theme, Abraham summarised the dynamic factors underlying depression, as follows (1924) 1. A constitutional factor of an over accentuation of oral eroticism. 2. A special fixation of the libido at the oral stage. 3. A severe injury to infantile narcissism. 4. accompaniment of the primary disappointment pre-oedipal. 3 5. Repetition of the primary disappointment in later life. These points appear to be evidenced by Valerie, my client in her late forties. Her married man died four years ago and she was referred by her GP because of troublesome feelings of depression, isolation and lack of identity.Her developmental history revealed that her mother had always been a line of descent of tension, and had been severely depressed while Valerie was growing up. Valerie felt neglected and abandoned by her. She had been left with a negligent nanny after she was born and was ill with jaundice and gastro-enteritis. It took three months for the neglect to be discovered and for her to be returned home. Throughout her childhood, her mother remained predominantly in a withdrawn state i n bed. However, she remained very dominating and ridiculing in manner of her daughter.In response to Valeries traumatic bereavement, her mother again seemed preoccupied and self-absorbed. Valeries opening remark to me was striking, I want to be a calm sensible person with no feelings. Since her mother spent her time criticising Valerie and ridiculing her separate thinking (her mother resented Valeries creativity having thrown the contents of the rubbish bin on one of her prize paintings), this comment appears to represent her wish to conform to her mothers requirements.However, this statement appears to underline the central dynamic to understanding depression, for with the desire for identification with an ideal object, there appears no room for separate thinking or expression of needy feelings (Jacobson 1964). All tensions related to ones own needs and how the idealised object is ignoring them gets projected and then experienced somatically (Abraham 1924). The lack of availabilit y of a containing mother4 was graphically expatiated in a dream, where Valerie went to get nourishment from a supermarket.There was no basket and she came out, arms full of tin cans. Suddenly, her mothers sister shouted from a house window Where is your mother? Valerie dropped the cans and opened her mouth to speak. It was full of blood and bits of churl. Valerie also reported to me another dream where she swallowed two tablets of stones that lay heavy on her stomach. This could be symbolic of the unresponsive stone breasts of her mother. as well it reminds me of the Ten Commandments, two tablets of stone not to be disobeyed (her mother).The oral origins seem apparent, with the brittleness of the breast and the aggressiveness to it. This history seems to confirm all Abrahams points. The constitutionally inherit family history of depression, her mother having a breakdown when Valerie was born The fixation of the libido at the oral level, with the sensation of having swallowed t he tablets of stone breasts when depressed and also the oral aggressiveness, with the cut glass in the mouth. The severe injury to infantile narcissism was evidenced by her mothers unresponsiveness.The first disappointment pre-oedipally, starting at birth with being left with the tatterdemalion nanny with the repetition of the primary disappointment in later life and with her mothers lack of support at the time of her conserves bereavement. Valerie told me she felt guilt and shame about being depressed. To explain the peculiar intensity of the sense of guilt in melancholia, Freud suggested that the destructive component of the instincts had entered the superego and turned against it (1917).He also noted in some depressed people a high proneness to guilt that tendency toward self-reproach which death invariably leaves among the survivors. (Freud 1925 in Stengel 1969 p 237). He pointed out the increased severity of moral judgement that occurs in depression, and described the settin g up of a critical agency as part of child development, which henceforth will judge the ego (Freud 1923 in OShaughnessy 1999 p861).This is the superego and Freud suggested that the relationship between the ego and the superego (see definition page 1) becomes completely intelligible if they are carried lynchpin to the childs attitude towards his parents (p861). The superego is coloured by the childs own hostile and rivalrous feelings, so that the more a child controls his intrusion towards another, the more tyrannical does his superego subsequently become (p862). The self-recriminations seen clinically are recriminations made of a loved object that has been displaced (Freud 1923) as the following exchange between Valerie and myself appears to illustrateV. Life sucks T. It sucks? V. Yeah, but then why should it be any different? Im so ghastly and useless I dont deserve to be happy. When Valerie announces Im so ghastly and useless I dont deserve to be happy, she is perhaps not real ly criticising herself, but a purported ideal that has let her down. The self-tormenting is then a tormenting of the ideal object (mother) that had abandoned her at a time of need. The sadomasochistic process of self-criticism, that so dominates depression, goes on in a relentless fashion.No true mourning, with relinquishment of the object, can occur because of the unresolved ambivalent dependence on an ideal object (Freud 1923). Valeries grief at her husbands death could be seen as an extension of her more hidden yearning for her mothers love. Her impossible hopes based on compensatory exaggerations of unsatisfied wishes and needs, may have laid down a vulnerability to depressive illness because these are unsustainable in adulthood.Klein described an early ore-oedipal stage to the formation of the superego, with a very harsh superego in evidence at the oral stage, which becomes modified over time, with experiences, to becoming more benign, less demanding and more charitable towar ds human frailities (Money-Kyle 1964). She comments on clinging to the pathological early severe superego as the idea of perfection is so compelling as it disproves the idea of disintegration (Klein 1932 in Meltzer 1989 p270).In healthy development the superego may take on, over time, a benign guiding role, but in those with a predisposition to depression, the superego can be a pure culture of the death instinct which often succeeds in driving the ego into death (Freud 1917, p332). This may have been the case with Valeries deceased husband who was also diagnosed as depressed she feels his death may have been suicide. It is interesting that he told her his body was tired of living, perhaps suggesting that the ego was located in the body awaiting to be attacked by the superego.The ego can only kill itself if, as a result of a return to the object-cathexis, it can treat itself as an object (1917). Object cathexis occurs in the Id and is the investment of energy in the image of an objec t. Suicide also harbours murderous feelings towards others (Campbell & Hale 1991). Kohut viewed depression as coming from a lack of good experiences with what he termed the mirroring self-object5, such as having interested and involved parents (1971) this results in problems with self-esteem regulation.Parkin considers that a fall in self esteem is the assay-mark of all simple depression (by this, I imagine, he means what Jacobson referred to as neurotic depression), and a heightening of self criticism to be the hallmark of melancholia (I imagine, he is referring to Freuds theory. ) (Parkin 1976). It is the loss of self-esteem, many psychodynamic theorists claim, that starts a person down the path of depression (Comer, 1992). Jacobson stresses the crucial importance in depression of the loss of self esteem and the feelings of impoverishment, helplessness, weakness and inferiority (1971).Freud believed feelings of anger and self-hatred develop from thoughts about unresolved conflicts . As a result of feelings of self-hatred, the individual feels shameful and worthless and loses her self-esteem (Comer, 1992). Jo suffers shameful feelings about herself including taking anxiolytic medication to dampen down my distress. She commented that her self esteem is as low as my socks. She lost her meditate as a result of her panic attacks. Gaylin (1968) reasons, if a person is depressed over the loss of a job it is not because the job symbolizes a loved object but, like a loved object, it can symbolize ones self-esteem (p. 7). Klein said that whether an individual loses her self-esteem depends on the quality of her relationship as an infant with her caregiver during the first year of life (Wetzel 1984). She claimed the Oedipus Complex to be a part of the depressive position, occurring at the oral stage of development (Segal, 1984). Her work was criticized, oddly by Anna Freud, but the significance of her theory appears to be that, if individuals have not had the early ex periences that enable them to impute a good object, then mourning as adults will be complicated by significant depression (Wetzel 1984).Kleins interpretation to the origin of depression closely resembles that of Abraham and Freuds theories that an individual can develop a predisposition for the illness, but her contributions appear to have been criticised on the grounds of seeking to establish an exact parallel between the childs developmental stages and adult depressive illness (Spillius 1983). I understand from the literature that most psychoanalysts accept infantile precursors to depressive illness but stop short of Kleins view. Mahler acknowledged that the mother-child relationship is crucial in the development of basic moods, including depression (1966).However, in contrast to Klein, she believed the depressive position does not occur at the oral stage, but later in toddler-hood, during the separation-individuation period6 (1966). More recently other authors have been trying t o differentiate two types of depression basing themselves in part on the writings of Freud on the processes of oral incorporation and superego formation, and considering that it would not be generative to integrate these two mechanisms from such distinct phases of psychic development (Spitz 1947 p 723).Blatt subsequently conceptualised depression in accordance with the childs level of object representations and made the distinction between anaclitic depression and introjective depression. Anaclitic is oral where there is relatively low evidence of guilt. Introjective depression is more oedipal based where the sick person may harbour intense feelings of guilt because the superego is overly harsh (Blatt 1974). Bowlby thought depression resulted from a failure of secure attachment early in life (1973).He described a series of attachment and protest behaviours which, if not responded to, would proceed to a state of despair in infants and finally to states of detachment. This work has burgeoned into the playing area now known as attachment research. To summarize this extensive body of research very briefly, we now know the attachment that the child establishes with the caregiver during development may be the prototype for all subsequent bonds with other objects (1973). The capacity to develop close and loving relationships in adulthood protects against depression and this is influenced by the attachment patterns developed in childhood.Anxiously attached individuals seek interpersonal contact and are overly dependant on others. Compulsively self-reliant individuals are excessively autonomous and avoid close intimate interpersonal relationships (1973). Both of these preoccupations can create a vulnerability to depression. In agreement with Klein, Bowlby suggests that anger and guilt are part of mourning reactions. It is not the presence of anger or guilt that is pathological in mourning but their appropriateness that is the crucial issue (1969). Schore describes the neuroscience of attachment and how the brain of the parent and infant interact (2003 ).He speaks in depth about the neurobiology of the developing mind during the first three years of life and how the refine brain processes are integrally involved in attachments and the development of the self. He spells out very clearly how insensitive parenting leads to emotion dysregulation patterns in childhood and later in adulthood. He understands insecure attachment as emotion dysregulation and that psychotherapy is the process of changing neural patterns in the brain, the right brain in particular. There are clear points of contact between the attachment perspective and some psychodynamic ideas.As mentioned, one of Kleins hypotheses was that the reaction to loss occurring later in the life cycle will be influenced by revived aspects of losses experienced at the earliest stages in development (Segal 1973). The early loss of the maternal object may result in depression later in life if th e infant has not yet been able to establish a representation of a loved object securely within herself (Segal 1973). There appear to be clear parallels between this formulation and the idea of maladaptive internal working models of attachment in Bowlbys thinking about early loss and depression.Evaluation Each of the theories probably has a contribution to make to the overall picture especially when we recollect that depression is a complex rather than a unitary phenomenon (Freud 1917). Common to all these theories is their invoking of the crucial role of the infantile phase of development. Each of them asserts that problems in the trajectory to eventual adulthood commence in early childhood and can constitute a vulnerability to depression. Following my research, I am hopefully better placed to help my clients.For instance during our sessions Valerie is able to reflect how her deceased husband had provided her with an experience of being loved and cared for that she had longed for fr om her mother. Working through unresolved feelings of loss arising from initial losses and disentangling them from feelings related to present losses may be invaluable in the resolution of her depression As for Jo, we have spent substantial time exploring her panic attacks and her fear of expressing her depressive feelings. She fears that If I start crying, I may never stop and that nobody will be able to bear her pain.This cerebrate with Bions concept of containment (Bion 1962) as defined on page 5. If I can contain her pain and grief then this may help Jo internalise a sense that her pain can be borne and thought about. Finally, I am reminded that my own experiences of depression can either interfere with or stir my capacity to help. Self reflection and supervision are crucial if I am to make the best use of my humanity. REFERENCES ICD-10. Classification of Mental and Behavioural Disorders clinical Descriptions and Diagnostic Guidelines World Health Organization, 1992. Abraham K. 1911-1968)Selected papers of Karl Abraham. New York Basic Books Inc. Bion WR. (1962)Learning from Experience. capital of the United Kingdom Karnac. 97. Blatt S. (1974). Levels of object representation in anaclitic and introjective depression. The Psychoanalytic Study of the Child, 29, 107-157. Bowlby, J. (1969). Attachment and loss, Vol. 1 Attachment. New York Basic Books. Bowlby, J. (1973). Attachment and loss, Vol. 2 Separation-anxiety and anger. New York Basic Books Brown & Harris (1986). Life events and illness. New York The Guilford Press. Burton R. (1920)Anatomy of Melancholy.New York Tudor Campbell & Hale (1991). Suicidal acts. In J. Holmes (Ed. ), school text of psychotherapy in psychiatric practice (pp. 287-306). Comer R. (1992). Abnormal psychology. New York W. H. Freeman & Company Desjerlais et al (1995) World Mental Health Problems and Priorities in Low-Income Countries. London Oxford University Press. Fairbairn W. (1952)Psychoanalytic Studies of the Personality. Lon don Routledge Freud S. (1917). Mourning and melancholia. In J. Strachey (Ed. ), The standard edition of the complete psychological works of Sigmund Freud London Hogarth PressFreud S. (1914). On Narcisism. The standard edition of the complete psychological works of Sigmund Freud V. 14. London Hogarth Press Freud S. (1923/1960). The ego and the id. J. Riviere (Trans. ), J. Strachey (Ed. ). New York W. W. Norton. Freud S. (1914). Beyond the Pleasure Principle. The standard edition of the complete psychological works of Sigmund Freud V. 14. London Hogarth Press Freud S. (1925)(trans. J. Riviere) calm Papers. Vol. I. , London Hogarth. Jacobson, E. (1964) The Self and the Object World. New York, International Universities Press Jacobson E. 1971)Depression Comparative Studies of Normal, Neurotic & Psychotic Conditions. New York International Universities Press Kernberg O, (1969)A contribution to the Ego-psychological critique of the Kleinian school. Int J Psychoanal 50 317 33 Klein M. (1 940). Writings of Melanie Klein. London Hogarth. Vol. 1. p344-369. Klein M. (1932). The psycho-analysis of children. London Hogarth Press. Roger Money-Kyle The Writings of Melanie Klein. (Ed. ). 4 Vols. New York, Free (1964-75)Press. Kohut H. (1971)The Analysis of the Self. New York, International Universities PressLund C (1991)Psychotic depression psychoanalytic psychopathology in relation to treatment and management, B J Psychiatry 158 523 8 Mahler M. (1966). more or less preliminary notes on the development of basic moods, including depression. Canadian Psychiatric Association Journal, 250-258. Meltzer, D. (1998)The Kleinian Development (New Edition). London Karnac Books OShaughnessy E. (1999)Relating to the Superego. Int. J. Psychoanal 80, p861-870. Parkin A (1976)Melancholia A reconsideration, J Am Psychoanalytical Assoc. 24 123 39 Parkes C. 1972) Bereavement Studies of grief in adult life. New York International Universities Press. Rubin R 1989Neuroendocrine aspects of prim ary endogenous depressiion VIII. Psychoneuroendocrinology 14(3)21729. Sandler J (1965)Notes on childhood depression. Int J Psychoanal 46 88 96 Schore A (2003)Affect Regulation and The fastener of the Self New York WW Norton & Co, Inc. Segal H. (1973)Introduction to the work of Melanie Klein. London Hogarth Press. Spitz R. (1946) Anaclitic depression An inquiry into the genesis of psychiatric conditions in early childhood II.Psychoanalytical Study of the Child, 2, 53. Spillius, E. (1983). Some developments from the work of Melanie Klein. , Int. J. Psychoanal. , 64321-332. Stengel E (1969). Suicide and Attempted Suicide. Harmondsworth Pelican Books. Wetzel, J. W. (1984). Clinical handbook of depression. New York Gardner Press. 1Objects are primarily formed from early interactions with (usually) parents. (Klein 1940) 2 introjection means to incorporate (characteristics of a person or object) into ones own psychic unconsciously (Klein 1940). 3 Oedipal can be described as unconscious sexual desire in a child, especially a male child, for the parent of the opposite sex, usually occurring around the age of 3 5 years and accompanied by opposition to the parent of the same sex. Pre-oedipal means prior to the oedipal phase in development (Freud 1923). 4 containing mother refers to the process whereby the infants emotions can be held in mind and digested by the mother, who can then return them in a more manageable form. Infants need repeated experiences of containment (Bion 1962), in order to develop ways of relations with their own distress, i. . before they can introject the containing good enough mother (Winnicott 1960a) and feel the mother as a definite internalized presence (Bion 1962). 5 mirroring self object is loosely translated as mother, for in the external world it is most often the mother who performs the function. The gleam in her eye mirrors the infants self. (Bion 1962). 6 Mahler described separation-individuation as the steps through which the infan t passes in developing a more stable awareness of separateness from the mother (1966).

Existing Philosophies in Education Essay

Introduction Sex and the education of the children and youth roughly it is a point of social c formerlyrn that always creates ethical, moral and professional criticisms, because of reasons ranging from the consideration of the topic of stimulate and its position in contemporary beliefs as well as the constant tug-of-war between conservative and liberals in education as to what should be done best in waken and its place in the educational clay.The clause Talking about Sex provided an insightful point in this particular dilemma that modern day societies face today, noning the persistence of grammatical gender and get offuality in modern day advertising while people at the same time frget on the idea of teaching sex education inwardly schools and culture institutions. A Family Education. com name puts the issue in a better perspective, saying that teachers as one-on-ones also carry their own particular issues and concerns about sex and that it may affect the manner by which the teacher teaches about sex education.Kakuchi (2004) reports about how Japan considers general sex education as virtuallything that is considered harmful to some children even when the same report acknowledges the fact that the focus on a more(prenominal) streamlined sex education is very urgent in the province with the knowledge of the educators and academicians of the level of awareness of children about sex and how a large portion of it was not taken from school lessons, classroom raillerys and home teaching, simply because the requirements of the effective sex education teaching will go against existing traditional practices and societal beliefs which would not bend and accommodate this particular educational need children have-to doe with to face even now that the world is in the 21st century.Many believe that sex should be taught in school, while others believe that it should remain in the confines of private education, in a manner of how-a-person discovers it, so tha t it retains the sense of privacy that sex should have. For institutions that teaches sex education, there still is a snag each once in a while especially if the manner by which sex education is being taught does not create the proper principalset, attitude and scholarship experience for the student. As much it is highly necessary that children are provided with the correct information about sex education, most of the time, the process is not as simple(a) as that. What is equally important is thatSome may argue that sex education is something which should be taught by a specific person, but the truth is all(prenominal) teacher is responsible for having sufficient knowledge in sex education because it is something that everyone experiences it is something that everyone would be wondering and curious about, all kids wonder about where babies come from, says an article about teaching sex education it is not math that general and complex computations should be memorized and mastere d for the teacher to become a competent instructor in this particular topic, since sex is less of a topic and more of an everyday experience and teachers should help the students synthesize the everyday experience with sex specialty and the information that it provides / generates by the demonstration of the effective use of the doubtfulness method in teaching.Research statement One of the reasons for the poor synthesis of children of the solicited facts, beliefs and possible fallacies refer in the overall education and formulation of the set of beliefs as well as the foundation for the attitude and behavior towards sex and the human reproductive system is the absence of the key characteristics expected of teachers as explained in the inquiry method or inquiry education espoused by Neil Postman and Charles Weingartner, and that as a government issue of which, many present day sexual deviants and sex-related criminals are, in part, a section of the group (that which contains in dividuals with adverse sexual inhibitions and bearers of misguided sex-related information) that fail to be easily learners because of the ineffectual use of the inquiry method / inquiry education by the teacher, particularly about sex.Supporting Arguments The inquiry statement will be dissected by the more specific discussions of particular key points that make up the series of supporting arguments that the paper will provide the linchpin for the main point of the research statement, which is significant today now that many educators and academicians are in constant search for the perfect formula in teaching sex education, particularly in countries wherein there are no noticeable effect of sex education and that problems previously attributed to the lack of sex education is still prevalent in spite of the social movement of sex education today.In Japan, these problems are very visible in statistics concerning teen age sex, teen age pregnancy and other sex-related social conce rn, this despite the fact that Japan is teaching sex education to school children as early as the third grade. First, teachers become failures in the effective use of the characterisitcs for good teachers in the inquiry method every time they provide direct and exact answers to sex-related inquiries by children because of the belief that this is what traditional morals dictate.Postman and Weingartner (1969), in the concord Teaching as a Subversive Activity, noted that in the process of the utilizing the characterisitcs of the inquiry method effectively and using it to effectively teach and pass over student concerns, teachers should avoid providing direct answers, more so, avoid enforcing sex-related information in a what-you-ought-to-know format. The common pitfalls wherein teachers fall into is the yielding to the instinct of providing answers to questions in a as-a-matte-of-fact way, which is not incorrect but is also not the only way to teach sex education. Teachers should kno w that there is as much emotional and psychological aspects in the teaching and learning of sex education as there is the physical aspect of teaching sex education that students should be pull up stakesed the avenue to feel that individual feelings and the differences in personal life background also matter in the discussion and in the overall learning process involved in sex education.But the problem is that there are many cases that this is not followed, and this is generally because of the fact that sex education in some areas in the US and preponderantly in other traditional and religious countries are still taboo classroom teachers and academicians continue to avoid the fact that the exposure of todays children to more and more forms of mass media and popular media coming from contrasting culture other than theirs are all factors in the increased development of a childs inquiry towards sex and other topics that may pertain to physical intimacy, the sense of sexual pleasure a nd sex.Teachers should anticipate the fact that while the inquiry of the children about sex are most probably homogenous and focused on the same area, the teacher should still avoid providing exact, boxed in answers and instead allow students to ventilate their queries and throw questions at each other so that the sense of taboo in the topic is diminished, allowing for the collapsing of the walls that it built inside the cognition of the child and allowing the entry of teacher-mediated ideas that do not stop, as sex education is a process of continuous learning.Secondly, some teachers misinterpret the idea that Postman and Weingartner proposed in their collaborative work about how teachers should use questioning and the use of divergent questions as a form of facilitating the influx of ideas between students by instead questioning the sense of right and ravish and personal morals of the students (which puts the morality wall up and closes the avenue for the entry of information an d education) and by providing questions that divert the discussion / topic entirely to another antithetical topic so that the teacher removes herself / himself from the position of being morally and ethically responsible for the sex education of the students, generally because of the acknowledgment of the teachers own incompetence in both the use of inquiry method as well as the absence of the mastery in the subject.What Postman and Weingartner had in mind when they explained this particular characteristic of the inquiry method is that the teacher should provide some questions himself/herself to students so that they can allow the students to explore more into the topic, thus allowing education and learning traffic to move consistently in and around the classroom and inside the minds of the students. Another proof to the high possibility of the presence of problems in teaching sex education with regards to the misuse and lack of adherence to the inquiry method is that sex education is usually in a uniform structure that hinders spontaneity and limits discussion in a specific area, resulting to some students suppressing questions or having questions which were left unanswered while the teachers themselves are not aware on how to facilitate the discussion once questions start pouring in and may seem to lead farther and farther from the original point of discussion.Again, it should be reiterated that since it is an experience which may carry different emotional and psychological baggage for every individual, teachers should not deliver lessons about sex like it is as simple as addition in a math class or the use of correct subject-verb agreement in an English writing and grammar class. The Family Education websites article on teaching children sex education points out that adults who teach it cannot plan when and where children choose to ask difficult questions about sex and as indicated in the inquiry method in teaching, teachers should allow the flow of questi ons and mediate through the discussion sufficiently.It does not end there, literally and figuratively, for teachers, since lessons, according to Postman and Weingartner should be allowed to develop on its own through the vigorous participation of the student in the question-making and answer-searching. Family Education. com considers sex education, whether at home or in school, as an ongoing conversation and that if the blanket of openness and support that the inquiry method allows to develop take form in the course of the learning of the child, then teachers should expect more questions and continue with the task required in orbit and defining the answers to questions as dictated by the inquiry method.