Risks and Responsibilities of Coaching

The purpose of this paper is to look at the area of risk management with reference to the sport of swimming. There is no doubt that the ability to prevent any types of injury to athletes is of the utmost importance. The safety of the athletes should therefore be the primary concern of both facility managers and coaches. By working together, one would hope, that all unnecessary injuries could be prevented. One of the most severe injuries that can occur is that of a spinal injury. The area of prevention that addresses this issue is that of spinal injury management and it will be looked at more closely later in this paper. Even with all the extra emphasis in this day and age on safety issues, these kinds of injuries are still far too prevalent. In 1996, Michael Berger and Judith Middleton state that in the United Kingdom, there are around 40,000 children each year that suffer from head injuries. Some of these individuals will have received severe injuries, in that they will have been unconscious for at least 20 minutes and so will most likely have suffered brain damage. The sport of swimming has the obvious danger of drowning. There are also potential risks of spinal injuries caused by collisions with the floor of the pool, the walls in the pool and other swimmers. Many other injuries can be the result of a slippery deck or training equipment not correctly stored away. There is also a risk of injury from the chemicals which are present at a pool such as chlorine. Aquatic injury prevention should be part of any facilities risk management program. Risk management involves identifying and reducing dangerous conditions that can cause injuries and financial loss. Thus, the aim of a risk management is in a way a kind of preventative medicine, to tackle the issue of a problem thus ensuring that those kinds of accidents will not occur. There are some that would contend that those individuals that suffer an injury are unfortunate victims of circumstance. Many injuries can be avoided through an understanding of the factors that can cause injuries to occur and then a knowledge of how to go about preventing such situations to occur. Charles Bucher and March Krotee (1998) explain that there is an added risk in any physical education exercise as opposed to a regular class because the children are moving around and not sitting in a chair. The hiring of competent, qualified and certified employees in crucial not only for the planning but also for the conducting and supervising of activities. By making these simple efforts, the risk of injury can be minimized. Not only should the staff be up to par but also any equipment used as well as the facility being as safe as it could be. All coaches need to have fully up to date certificates and licenses. All necessary measures need to be taken to prevent any injuries from occurring and the correct level of supervision is crucial. Bucher and Krotee explain that the coach is required to act promptly in performing first aid and CPR and nothing more. Coaches should always show all necessary levels of care in their professional activities. The American Red Cross (1995) suggest that by understanding how injuries are caused, this will help prevent them from occurring by increasing the staff†s awareness of risks and hazards, helping patrons to avoid risky behavior and developing an attitude of safety at your facility. The Institute of Swimming Teachers and Coaches (April 1997) explain that by identifying not only what is a potential hazard but also assessing their risk level, and then evaluating whether or not all necessary precautions have been taken, this should help to prevent anyone getting injured. The ISTC, were not only referring to swimmers as potential victims but also to coaches, teachers, lifeguards, cleaning staff and receptionists. According to Bucher and Krotee, there is no doubt in today†s society that there are ever more increasing cases of teachers, coaches, schools and teams being sued in court. It seems as though lawyers are readily available, also the public are becoming much more aware of their rights, as far as what they should be protected from a safety standpoint. It is suggested that the risk of legal action can be minimized by following some simple steps. Collecting all pertinent facts about the health of your athletes. Purchasing only the best equipment form the most reputable dealers and acquiring used equipment from companies renowned for high quality reconditioned merchandise. Not laying the blame of an injury on anyone verbally but by carefully wording the exact nature of the injury and the preceding events on an accident report. Good supervision and instruction in very important. An emergency action plan should be drawn up, rehearsed and be ready to be activated at a moment†s notice. All necessary insurance precaution should be taken. Perhaps this is the most comforting defense for a coach. According to the United States Swimming, Inc. 1998 Insurance Summary, all swimmers registered with United States Swimming are covered by the USS Insurance policy as long as the injury suffered by the member was received during an approved activity under the policy. All USS swimmers are covered when they are participating in competitions, meets or events sponsored or sanctioned by USS, participating in organized, scheduled practice sessions and in organized, supervised travel to and from sponsored and sanctioned events or organized, supervised practice sessions. Anthony McCaskey and Kenneth Biedzynski (1996) explain that coaches are those principally the defendants in law suits as it is generally agreed that coaches have the most control of those individuals in their respective sports. A coach may be found negligent if he does not follow his duty to conform to a standard conduct that protects others from unreasonable risk of harm. Participants are termed as either those directly or indirectly under the control of the coach. Case law demonstrates that coaches responsibilities include: supervision, training and instruction, safe usage of all equipment, provided high quality assistants, warning of potential dangers, providing prompt and correct medical care, preventing injuries to competing athletes. The American Red Cross (1993) explain that lawsuits are becoming a concern for those giving care. Hence in the case of an emergency, the lifeguards and coaches are becoming increasingly apprehensive about giving care to victims of injuries. The American Red Cross suggests that by being aware of some basic legal principles, individuals may lessen the chances that they may later be found to be negligent in some area or another. All lifeguards have a duty to care. That is, they are legally bound to provide care to a injured party if the giving of such care is laid out in their job description. The rescuer should follow a reasonable standard of care and failure to do so may result in a chance of being found negligent. The Good Samaritan Laws protect anyone giving care as long as they are not negligent and they act in good faith. Consent should always be obtained from the individual. If the victim is an adult and they refuse care, one must not force care upon them. In the case of a child, the consent must be obtained form a parent or guardian. Any victim that is either unconscious or confused is assumed to give implied consent as it is assumed that if that person were fully aware of their predicament, they would accept the care that was offered. To obtain consent, the rescuer must identify themselves to the victim, give their level of training, explain what could be wrong and explain what care is planned. Once care is begun, a rescuer cannot stop giving care until advanced medical professional arrive at the scene. Confidentiality must also be observed. Only the facility or team spokesperson may speak to attorneys or the media . A rescuer should only speak with law enforcement officers and the rescue squad when it arrives. Finally, record keeping is essential. The documentation is considered to be almost as important as the care itself. Bucher and Krotte (1998) state that coaches and instructors are expected to carry out their activities with all necessary levels of care. If this is not the case, then they are leaving themselves open to a potential lawsuit filed against them for negligence. There is a requirement for the coach or instructor to take protective measures. Failure to do so will result in a lawsuit. In Roth versus New York (1942), all necessary measures were taken and a bather drowned after walking into deep water. There was nothing to stop this happening. The state was found to be liable. Bucher and Krotee explain that the failure to supervise correctly is the most commonly litigated situation. By having alert lifeguards and coaches, a facility can seriously reduce to chances of injuries occurring. According to the American Red Cross (1995), effective surveillance has four elements. The ability to recognize the ways in which a drowning or distressed swimmer behave in the pool. An example of this would be that a swimmers would have rhythmic breathing, relatively coordinated movements, have a horizontal body position and be making recognizable forward progress in the water. In contrast a distressed swimmer would be breathing but also be calling for help, waving and be making very little forward progress in the water, if any at all. A passive drowning victim would be considerably different to a swimmer. A Passive drowning victim would not be breathing, have no arm or leg movement, could be face down near the surface or in a submerged position and so obviously would be making no forward motion in the pool. Appropriate scanning techniques should also be employed to locate swimmers having problems in the pool. Lifeguards should be carefully and strategically placed throughout the facility. Each lifeguard should be fully aware of their responsibilities. Coaches are responsible for teaching swimmers all necessary skills to compete, the correct procedures to reduce the risks of injury and making sure that their swimmers are physically fit enough to compete. The failure to provide adequate training or instruction to reduce the risk of injury has been a commonly cited reason in recent litigation. Supervision is absolutely critical when the consequences of depriving the body of oxygen are considered. Soon after breathing stops, then too will the heart. After six minutes or so, brain damage is possible. Between six and ten minutes without breathing, brain damage is likely. If breathing is stopped for more than ten minutes, usually the brain damage is irreversible. Thus it is very important to be aware of the varying depths of water within the pool. In this way it is much easier to make sure that the children do not wander into water which is too deep for them. Also, this could help prevent spinal injuries from occurring by making patrons aware of when and where in the pool it is considered safe to dive. Without doubt, patron surveillance is one of the most important parts of a risk management strategy. The Certified Pool Operator (Fall 1997) states that it is very important to regulate the use of pools, by watching children and though constant supervision of the pool. The Institute of Swimming Teachers and Coaches (April 1997) mentioned that in some pools there may be blind spots resulting from the positioning of features, glares and reflections. All of these factors can hinder surveillance and so through careful planning, these problems should be attempted to be eliminated by strategic placing of lifeguards. This comes directly under the realms of a good risk management program. According to the Certified Pool Operator (Fall 1997), it is critical to identify areas of the pool that become slippery when wet. These range from the deck itself to corridors leading to and from the pool, locker rooms and snack areas. Communication can be used as a tool for helping to prevent injury and so is considered another ‘gear in the engine† of risk management. Patrons need to be made aware of potentials for injury. They also need to be educated as to the risks from inappropriate behavior. All rules and regulations necessary for the prevention of injuries need to be forcibly enforced. Signs are needed to warn pool users of danger areas. Since spinal injuries are more common in individuals visiting facilities for the first time and so are unaware of shallow areas. The side of the pool itself needs to be mark both on the deck it self and on the side of the wall facing the water to warn swimmers in the pool as to the changing depth of the water that they are in. In addition to signs depicting â€Å"No Diving† and the depth of the water, facility rules and regulations should also be clearly displayed. Running should never take place around the pool. As the side of the pool gets wet, it become treacherous. Signs should be posted prohibiting to consumption of food and drinks in and around the pool. There is the obvious potential for injury from broken glass on the pool deck or in the pool from bottles that are accidental dropped on the pool side. Pool rules are not designed to prevent the patrons from having fun but more so to allow them to have fun in a hopefully relatively risk free environment. The pool rules should be displayed clearly on the wall of the pool. There are many great examples of pool rules, on would be that diving is only permitted in diving designated areas. The deck needs to be checked daily for loose floor materials. There is also a risk for standing water on the deck itself. All such findings should be immediately reported to the facility manager. The deck should be kept clear of equipment and anything else that could be a potential hazard. The American Red Cross (1992) recommends that in areas where the water is less than five feet deep, there should be signs clearly stating ‘Danger-Shallow Water- No Diving†. It is suggested that these signs are close to the edge of the pool in contrasting colors to the pool deck. If starting blocks are removable, they should be during recreational periods and should be stored in a safe location. If they are not easily removable, then they should be coned off or clearly marking as out of use to recreational swimmers. All kick boards and pull buoys should be stored away in their correct location and not left strewn about the pool deck. Any item left on the pool deck is a hazard. Any risk management program would include keeping the deck clear of obstructions. The American Red Cross (1988) states that all rescue and first aid equipment should inspected on a regular basis. This equipment should also be easily accessible. Any piece of equipment that is found to be damaged in any way should be removed, repaired or replaced immediately. Following an emergency, all equipment that is used should be replaced promptly. Other areas should also be checked on a regular basis, such as the showers, locker rooms and restrooms which should be kept clean and hazard free. Coaches are also responsible for taking all necessary measures to ensure that all equipment used by their swimmers is of an adequate standard. This issue is far more critical in a contact sport such as football where inadequate padding may lead to serious injury. Anyone working with chlorine should wear protective clothing such as gloves, goggles and clothing covering the rest of the body to minimize the risks of chlorine coming in contact with the naked flesh. Chlorine can enter the blood via absorption through the skin. Direct contact with the eyes can cause severe injuries. The American Red Cross (1995) terms chemical hazards as harmful or potentially harmful substances in and around the pool. Storage areas of chemicals should be clearly marked hence warning both staff and patrons of possible dangers. The doors to such storage areas should be kept locked. Any suspicious odors in these regions should be reported immediately. The American Red Cross (1992) recommend storing all chemicals and chemical testing kits in child proof containers and out of children†s reach. Every year many individuals are injured from diving related injuries. These injuries are usually caused by collisions with the bottom and sides of the pool. Thus it is of paramount importance that coaches and instructors take all precautions to prevent such injuries form occurring. Diving should not be taught unless all necessary safety equipment in readily available such as a back board and staff trained in spinal injury management are present. Coaches should make sure that all swimmers are educated in the obvious safety precautions. Never dive when someone else is in the water in front of you. All dives should be of a flat nature. All swimmers should enter the water fingers first and not head first, thus helping to cushioning the blow should the swimmer crash into the floor if the pool. Never hold or position objects in the pool. A great example as to why it important to keep the diving area clear of obstructions is given by the American Red Cross (1992), which referred to the case Bill Brooks. One day, he dived into a pool and hit his head on an inner tube. He could remember laying face down in the water and being unable to move. Brooks, who once played college baseball, is now a C5 quadriplegic and will never walk again. The best protection against possible injuries is an informed, safety-conscious swimmer. The Certified Pool Operator (Fall 1997) stated that in a typical year there are about 400 events that result in a quadriplegic injury in aquatic environments. According to the CPO, a quarter of these occurred in pools. The article went onto explain that 95% of the pool related injuries occurred in the shallow ends of pools. Through careful supervision and prudent coaching, swimmers can be educated as to safe methods of entry into shallow water. The Swimming Times (1997) suggests that the depth of the water should be taken into account in relation to the ability and height of the pupils. Hence, none swimmers should not be taught in water that is ten feet deep and likewise, competitive swimmers should not be coached in shallow water. McCaskey and Biedzynski (1996) swimming incident rates come be totally eliminated if swimmers did not use racing dives into shallow water during practice or meets. According to McCaskey and Biedzynski, there has not been a direct injury in college swimming since a non-fatal one in 1982. The American Red Cross (1995) reveals that sports related injuries account for 13% of all spinal injuries. These figures were derived from the National Spinal Cord Injuries Data Base. According to the American Red Cross, about 1000 people each year suffer spinal injuries from diving mishaps. The American Red Cross suggests the following ways to help prevent the occurrence of such injuries. The water depth should always be ascertained before entering. Only trained swimmers should be using the starting blocks. Coaches should be aware of these aspects and make sure they correctly supervise their swimmers during warm ups at competitions and at practice. All these measures mentioned so far in the paper appear to be obvious, but unless they are adhered to tightly then mishaps can occur. It is not worth gambling with your swimmers† health. If a suspected spinal injury occurs, then the area must be stabilized and immobilized. There are certain situations when a spinal injury must always be assumed to have occurred. It is always better to be safe than sorry. If proper precautions are not taken when caring for injured victims, then that lack of risk management leaves the coach and facility open to legal action. A spinal injury should be assumed for any injury involving a diving board, diving into shallow water, a fall from a height greater than that of the victim†s height. Also any visible bumps or depressions to the head, altered consciousness or complaints of back or neck pain from the victim. In some cases, the victim may be face down in the water. Although, the victim should be moved as little as possible following a suspected spinal injury, in this situation, the victim needs to be removed form the water. If the victim is not removed, drowning will take place, the heart will stop and soon there after, brain damage will occur. The American Red Cross First Aid Manual (1993) explains that head injuries can rupture blood vessels in the brain causing pressure to build up leading to brain damage. The American Red Cross (1992) describes the typical recipient of a diving injury as a first time visitor to a location, not warned by a sign about the potential dangers, when lifeguards were not present and the water depth was less than four feet deep. Any good risk management program could dramatically reduce the risk of this kind of injury. By having vigilant lifeguards, water depths clearly marked and no diving signs clearly posted on the deck, most of the risk can be reduced. These are all components of a well rounded risk management program. Since most spinal injuries occur when a person dives into water less than five feet deep, on arriving at a pool, a coach should check the poolside for all relevant safety warnings and make his swimmers aware of this risks. The facility staff should also be highly alert at all times. All pools should have an emergency action plan. The EAP should explain exactly what procedure should be followed in the event of an aquatic emergency. The initiation of the EAP is the responsibility of the lifeguard. A typical signal to all pool patrons and staff is three long blows of a whistle. This would draw the attentions of the other pool patrons and then they would be more easily removed from the water for the protection of the victim. Also, other staff members throughout the building would be alerted of the EAP being activated. The next stage is to begin whatever rescue or emergency action that needs to be taken. After determining the nature and extent of the emergency, another lifeguard or staff member will call the police, fire or rescue squad as necessary. The emergency number is usually 911 but may vary from area to area. If the pool a which you coach is in a new area, it is your responsibility to make sure that you are fully aware of the number to call in the event of an emergency. The required first aid should be continued be given to the victim until advanced medical care arrives. Once care is commenced, it cannot be withdrawn, if it is, this constitutes abandonment which is a liable situation. Once advanced medical care arrives, all necessary accident reports are filled and the aid in crowd control. More often than not, only one person is designated as the spokesperson for a facility. This person and this person only is allowed to talk to anyone except for the police and the rescue squad. The Institute of Swimming Teachers and Coaches (April 1997) explains that whether or not a pool operator believes that his pool is a high or low risk facility, it is essential to have an emergency action plan. According to the ISTC, an emergency is anything considered to of danger to a bather or employee. The following all come under that general description. Overcrowding is a situation where too many people are in a confined area. This could be fatal in a swimming pool. A good risk management program would outline maximum numbers for a pool. These levels would be set well below that of over crowding, hopefully eliminating this risk. Disorderly behavior is also a common cause of emergencies. With vigilant surveillance and firm enforcing of pool rules and regulations, this too could be eliminated as a risk. Lack of water clarity will occur when the chemical levels in pool be out of balance. This too is a liability. If a child dives into water which he assumes to be deep but is in fact shallow, this could lead to a lawsuit. Especially because of the fact that the water clarity may have directly affected that child†s judgement. The ISTC explains that as a coach, it is your responsibility to know how to raise the alarm, how to get help form other staff members, how to initiate the appropriate rescue, who should summon the emergency services and so on. Qualified lifeguards are trained to act as a team in the case of an emergency, thus it is crucial for a coach or instructor to be able to contribute positively to an emergency situation. The Institute of Swimming Teachers and Coaches (May 1997) states that teachers and coaches must be trained in what to do in the case of an emergency and in turn should make the pupils understand and be aware of the procedures involved in the EAP. The pupils needs to know where to congregate in case of an emergency and possibly if they will be required to stand near a particular doorway to attract the attention of the advanced medical care when it arrives. The Institute of Swimming Teachers and Coaches (1996) stated that 93% of the schools in a survey had a formal emergency action plan. Two schools stated that they did not have one. Most of the schools in this survey had had swimming as part of their curriculum for more than six years. Coaches and other facility staff should go through regular in service days to rehearse emergency procedures. The emergency action plan should be rehearsed most importantly. For this procedure is what could make the difference between life and death for a victim. In service training should cover the following points: review the potential hazards at the facility, review and update rules and regulations, practice the emergency action plan , practice rescue skills, carry out physical conditioning. Following an emergency, an accident report needs be filled out by the members of staff involved. The facility information such as address and phone number. Personal data of the injured party should also be included: name, age, sex, address. The location of the incident should be included as well as the a description of the incident. It is very important to include what care was provided; was medical attention welcomed by the victim or refused? All of these issues are very important as law suits are far too prevalent in this day and age. Remember, consent must be obtained from the victim. To obtain this, the care provider must identify himself to the victim, give his level of training, explain what he thinks is wrong and then explain what he plans to do. If the victim refuses care, the care provider must try to convince the victim to receive care. According to the American Red Cross (1993), record keeping is nearly as important as the actual care given. The record is a legal document and is vital if legal action is taken. Risk management is an important function of a sport program. A coach should be fully aware of all legal and ethical responsibilities that come with his position. Any form of negligence on his or her behalf resulting in increased risks of injury can lead to the increased chances of legal action. Risk management is not only concerned with limiting the chance of injuries being suffered but also reducing the chances of financial losses following such an incident. Coaches† Quarterly (1998) states that effective in 1998, all United States Swimming coaches must have the following qualifications: Safety Training for Swim Coaches, First Aid and CPR. The Certified Pool Operator (1997) blames the individuals for their careless behavior. According to the article, pools are becoming safer. The main reasons for injuries today are victim†s carelessness. In a perfect world no one would need to know rescue techniques. Everyone would be careful, and safety would not be a problem. But ours is not a perfect world. Because of dangerous situations, careless or carefree people, and changing water conditions, many dangers are in and around water. Risk management in a pool environment is basically concerned with aquatic injury prevention. A highly developed risk management program will substantially reduce the risks of injury. By understanding how injuries are caused, one can better prevent them. Effective communication with patrons is critical for helping to prevent injuries. Through this communication, the patrons can have fun in a safer environment.

Female Foeticide

Female Foeticide: A legal Analysis In 1988 there was an advertisement in the Diwali special number of a renowned Marathi magazine:[1] â€Å"Amniocentesis is a developed science To misuse it for abortion is a great sin. Better go in for sex-selection Read this book. Consult your family doctor for a sure way of begetting sons. Female foeticide is perhaps one of the worst forms of violence against women where a woman is denied her most basic and fundamental right- the right to life enshrined in Article 21 of Indian Constitution. Elimination of the girl child by way of selectively eliminating the female embryos or foetuses is an age-old phenomenon. It negates the fundamental right to equality guaranteed under Articles 14 and 15 of our Constitution. The traditional mentality of the Indian culture of preferring the boy baby over the girl child combined with the ultra modern technology has only succeeded in boosting the status conscious Indian families to perpetuate their choice making process of the girl child elimination in the most sophisticated and easiest way. To top it all, the ethically conscious medical profession has been able to bring down the already imbalanced sex ratio on to 927 women per 1000 men. [2] It raises important issues on the interfacing of technology, health and society, of misuse of medical technology, of using techno-centric solutions for social problems, of violation of the principles of medical ethics, of social and demographic implications of such technologies, of the decision making processes involving technology, which can have far-reaching social effects, of regulating the medical profession (specially reproductive technology) both internally and externally, of limits to research and the techno-docs' power ‘to play God', of the role and limits of social legislation in tackling social problems; of ‘informed consent', and patients' rights and doctors accountability, of the possible fall-out of the advent of New Reproductive Technologies (NRTs) from Sex Pre-Selection Techniques (SPSTs) to non-coital reproduction through IVF- ET or GIFF, surrogate motherhood to genetic engineering; of decision-making process in family and society and women's role (or lack of it) in them. All these interrelated issues mean something to all our lives as it defines the way we see our past, present and future. Traditionally the patriarchal families got rid of the â€Å"unwanted child† either by way of poisoning the new-born baby or letting her coke on husk or simply by crushing her skull under a charpoy. Since modern medical tests have made it easier to determine the sex of the child even before the birth of the â€Å"unwanted child†, the number has only shot instead of decreasing. In one hospital, a study showed that out of 8,000 abortions performed, 7,999 were female foetuses. [3] Hence, the government was forced to pass the Pre Natal Diagnostic (Prevention) Act, 1994 in response to the increasing number of abortions performed on women carrying female foetuses. 4] Thus, India's officials banned couples from using â€Å"technical means† to determine the sex of a foetus. [5] Although India's Parliament passed the legislation in 1994, it could not become law until all state legislatures approved it. [6] The law finally took effect on January 1, 1996. The 1994 Act is bot h prohibitive and regulatory. Prohibitive: According to the Act the use of pre-natal techniques for the purposes of sex determination are prohibited. [7] The Act prohibits any person conducting prenatal diagnostic procedure from communicating to the pregnant women concerned or her relatives the sex of the foetus by words, signs or in any other manner. 8] The Act prohibits any Genetic Counselling centre, Genetic Laboratory and Genetic Clinic to conduct activities relating to pre-natal diagnostic technique unless it is registered under the Act or to employ anyone who does not possess the prescribed qualifications. The medical practitioners are prohibited to conduct such techniques at any place, which is not registered under the Act. Regulatory: The Act provides for the regulation of pre-natal diagnostic techniques. Prenatal diagnostic techniques may be used to detect genetic or metabolic disorders or chromosomal abnormalities or certain congenital malformations or sex-linked disorders . Prenatal Diagnostic Techniques may be employed only under specified conditions by registered institutions:[9] O  Ã‚  Ã‚  Ã‚   The tests can only be carried out on women who are either over the age of thirty-five; or O  Ã‚  Ã‚  Ã‚   Have had two or more miscarriages; or O  Ã‚  Ã‚  Ã‚   Who have been exposed to radiation, infection, chemicals or drugs which are harmful to the foetus; or O  Ã‚  Ã‚  Ã‚   The pregnant woman has a family history of mental retardation or physical deformities such as spasticity or any other genetic disease; or O  Ã‚  Ã‚  Ã‚   Any other condition as may be specified by the Central Supervisory Board. It is very important to note that the Act permits use of such techniques provided the medical practitioner has explained all the known side and after effects of such techniques to the pregnant woman and more importantly, has obtained her written consent in the language she understands. 10] Persons working in the clinics, as well as women and their families who use the clinics; or are liable for fines and imprisonment for violating the Act. [11] The Act provides for the construction of a Central Supervisory Board [herein after CSB], which shall be established to advise the government on policy matters relating to pre-natal diagnostic techniques; to review the implementation of the Act and its rules; and to recommend changes in the Act and its rules. [12] The CSB has been assigned a very important function of spreading public awareness against the practice of pre-natal determination of sex and foeticide. The CSB shall meet at least twice a year to review the functioning of the Act and make recommendations for its better implementation. [13] An Appropriate Authority shall be appointed in States and Union Territories and regions wherein the authorities are empowered:[14] O  Ã‚  Ã‚  Ã‚   To grant, suspend or cancel the registration of genetic counselling centres, laboratories and clinics; and O  Ã‚  Ã‚  Ã‚   Also to investigate complaints regarding breach of the provisions of the Act or the rules. The Act lays down prohibition on the issuance of advertisements[15] relating to pre-natal sex determination by any person, organisation or institutional and provides that any contravention/Violations of the same will entitle the offender a punishment of 3 years imprisonment and/ or Rs. 10,000/- fine for the first charge, this increasing to Rs. 50,000/- fine and 5 years imprisonment for a second charge. [16] But there are various loopholes in the Act, which has made it a failure to a great extent thus letting the demons of female foeticide/infanticide survive and flourish! Hence, the Pre-Natal Diagnostic Techniques (Regulation and Prevention of Misuse) Amendment Act, 2002 was passed to plug the loopholes. THE PRE-NATAL DIAGNOSTIC TECHNIQUES (REGULATION AND PREVENTION OF MISUSE) AMENDMENT ACT, 2002: Objectives of the New Act: The practices relating to female foeticide and techniques connected with the same are considered discriminatory to the female sex and not conducive to the dignity of the women. The proliferation of the technologies mentioned above may, in future, precipitate a catastrophe, in the form of severe imbalance in male-female ratio. The State is also duty bound to intervene in such matters to uphold the welfare of the society, especially of the women and children. Therefore, the government felt the necessary to enact and implement in letter and spirit a legislation to ban the pre-conception sex selection techniques and the misuse of pre-natal diagnostic techniques for sex-selective abortions and to provide for the regulation of such abortions. Such a law is also needed to uphold medical ethics and initiate the process of regulation of medical technology in the larger interests of the society. Accordingly, it is proposed by the government to amend the aforesaid Act with a view to banning the use of both sex selection techniques prior to conception as well as the misuse of pre-natal diagnostic techniques for sex selective abortions and to regulate such techniques with a view to ensuring their scientific use for which they are intended. The Amendment Act, 2002 seeks to achieve the aforesaid objects. Highlights of the New Act: 1. The Act provides for the prohibition and regulation of SD techniques before or after conception. [17] 2. For the words and brackets â€Å"the Pre-natal Diagnostic Techniques (Regulation and Prevention of Misuse)†, the words and brackets â€Å"the Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection)† shall be substituted. [18] This lays a lot of emphasis on the issue of female foeticide in particular. 3. Definitions of â€Å"conceptus†, â€Å"embryo† and â€Å"foetus† have been laid down specifically, which helps in determining the cause and stage of use of PNDT. [19] 4. The Explanations added to Sec. (ii) in clause (d), (e) and (g) have enlarged the scope of the Act to include even the portable PNDT equipment/machinery. [20] 5. Qualifications of a genetic has been upgraded. [21] 6. Amendment of section 17 of the principal Act re ads as follows— â€Å"(e) to take appropriate legal action against the use of any sex selection technique by any person at any place, suo motu or brought to its notice and also to initiate independent investigations in such matter† This provision has given extra scope to the authorities for the utilisation of the powers to fulfil their duties. 7. Insertion of new section 17A. -After section 17 of the principal Act, the following section is proposed to be inserted, namely:— â€Å"17A. Powers of Appropriate Authorities. The Appropriate Authority shall have the powers in respect of the following matters, namely:— (a)  Ã‚  Ã‚  Ã‚   summoning of any person who is in possession of any information relating to violation of the provisions of this Act or the rules made thereunder; (b)  Ã‚  Ã‚   production of any document or material object relating to clause (a); (c)  Ã‚  Ã‚  Ã‚   issuing search warrant for any place suspected to be indulging in sex selectio n techniques or pre-natal sex determination; and (d)  Ã‚   any other matter which may be prescribed. †. This provision is very much in tune with the objective of Section 17 (e). 8. Provision with regard to the advertisements has been made more stringent. [22] 9. Definitely, the strongest provision of the Bill is the new section 24, which if brought to effect shall wipe all doubts with regard to the application of penal provisions to women undergoing the PNDT tests. The rovisions has rightly identified the problems of women in the cases of PNDT as in most cases, women are forced to go for these test or to forgo their marital lives their homes, even their lives. [23] Drawbacks of the new Act: I. Amendment of section 3. -In section 3 of the principal Act, for clause (2), the following clause shall be substituted, namely:— â€Å"(2) No Genetic Counselling Centre or Genetic Laboratory or Genetic Clinic shall employ or cause to be employed or take services of any person, w hether on honorary basis or on payment who does not possess the qualifications as may be prescribed. † The Section is negatively worded which gives a scope for the people specifically excluded in the provisions to take advantage of the loophole. Instead, if the provision was positively worded in the sense that it lad down as to who is eligible to carry the PNDT under the circumstances specified under the Act, it would have restrained anyone who is otherwise not specifically authorised to conduct such tests. II. Section 3B: Prohibition on sale of ultrasound machine, etc. , to persons, laboratories, clinics, etc. , not registered under the Act. – No person shall sell any ultrasound machine or imaging machine or scanner or any other equipment capable of detecting sex of foetus to any Genetic Counselling Centre, Genetic Laboratory, Genetic Clinic or any other person not registered under the Act. † Though this is a strongly worded Section, which aims at curbing the clandestine sale of the PNDT equipments, it suffers from a major drawback. The Act or he Section does to talk about the manufacturing of these equipments because since manufacturing is the first step towards the black-marketing and other misuses. As such, there have to be specific guidelines as to the manufacturing. The manufacturing license should be issued only to the Governmental Institutions so that the monitoring becomes so much easier because of the control that he Government can exercise over these institutions. Also very closely linked to above point is the licensing function. If licenses for prenatal diagnosis were granted only to government institutions, the task of vigilance would be further simplified. The ban on misuse of techniques for SD imposed upon government institutions has not been violated for the past 15 years. Also there is no provision to the effect that the registration of the portable PNDT machinery/equipment’s are also registered. III. Amendment of section 4. -In section 4 of the principal Act, for clauses (3) and (4), the following clauses shall be substituted, namely:— â€Å"(3) No pre-natal diagnostic techniques shall be used or conducted unless the person qualified to do so is satisfied for reasons to be recorded in writing that any of the following conditions are fulfilled, namely:— The provisions of this section prima facie seem like a good provision but are a toothless one. The issue is that though citing a reason which satisfies the condition precedent laid down in the Act before the PNDT tests are conducted, the provisions misses out a crucial point. It does not mandate for the production of the documents to prove that the condition in fact, is satisfied and is very much in spirit wit the object of the Act. Also should be included in this provision the requirement t record al these documentary proof which shall be made available for verification by the CSB/SSB, etc. IV. Section 13 sub clause (vi) Any other condition as may be specified by the Board: This provision gives a lot of discretionary powers to the Boards, which have to be curtailed in the form of the guidelines. V. Amendment of section 5. In section 5 of the principal Act, for sub-section (2), the following sub-section shall be substituted, namely:— â€Å"(2) No person including the person conducting pre-natal diagnostic procedures shall communicate to the pregnant woman concerned or her relatives or any other person the sex of the foetus by words, signs, or in any other manner. † This provision has practical difficulties in terms of implementation. It is suggested by the author that a kind of code system be adopted whereby the tests which have satisfied the conditions of the Act be given a code number and sent for testing in a place which is authorised to conduct he tests for a particular area or region. This is to ensure that there exists no direct links between the family concerned and the medical practitioner who can convey the sex of the foetus, which might lead to the death of the foetus in case it turns out to be a female. This is because though the provisions bar the practitioner from conveying in any manner whatsoever, the proof that the same has not been conveyed cannot be assured. VI. Automatic suspension/cancellation from the Registry of Medical Practitioners of the name of doctors found guilty by the court without referring the matter to the Medical Council. VII. Insertion of new section 16A. -After section 16 of the principal Act, the following section shall be inserted, namely:— â€Å"16A. Constitution of State Supervisory Board and Union territory Supervisory Board. (1) Each State and Union territory having Legislature shall constitute a Board to be known as the State Supervisory Board or the Union territory Supervisory Board, as the case may be, which shall ha ve the following functions:— (10) In respect of matters not specified in this section, the State Board shall follow procedures and conditions as are applicable to the Board. † There are no rules and regulations with regard to the powers of the Boards as to in what way the powers have to be synchronised to fulfil their duties and function as specified in the Act. Also, this Section suffers from a serious defect. That is the Section has adopted a very top-down approach, which has been time and again proved to be ineffective and fruitless. Therefore, the approach should have bee a grass-root eve approach. This is even more applicable n the cases of PNDT because of the Act that a good chunk of cases are from rural areas which are very difficult to monitor and control. A Panchayat level machinery working hand in hand with local rural institutions like the Anganwadis and the school would be an idea way to tackle and combat the problem of PNDT. VIII. Also the Act has certain vague and ambiguous terms and expressions like â€Å"eminent† which are very problematic as to how they should be interpreted and put to use. IX. Punishable with imprisonment for a term, which may extend to three years and with fine which may extend to fifty thousand rupees for the first offence and for any subsequent offence with imprisonment which may extend to five years and with fine which may extend to one lakh rupees. The hike in the fines though would be applicable to the urban areas, it’s a mere letter of black and white on the paper when it comes to the rural areas. The rural people who, more often than not are extremely poor, are in no position to pay those high fines, which makes the provisions a redundant provisions. Instead, thee ha to be a mechanism whereby these people can be sensitized to the problems associated with the girl child. It is the firm belief of the author that public awareness is a much better and powerful tool than mere fines, especially with regard to the rural poor. X. A major hurdle in the endeavor to prohibit sex determination and regulation of PNDT techniques is that there is no proper duty laid upon any of he authorities in the Act. There is no penalty attached for non performance of the duties- commission or omission- cast upon the authorities. Especially in the light of the fact that so far the CSB have never met regularly as per the provisions of the Act. XI. The Financial Memorandum affixed to the Bill with regard to the expenses falling under Section 16 A of the Act has no regulation with regard to transparency, a ccountability, and regulatory body. This is very problematic and might just prove to be plunder’s paradise. ——————————————– [ 2 ]. [1] See, http://www. evesindia. com/health/features/reprod_health. html, visited on 10/10/02. | | [ 3 ]. [2] Id.. | | [ 4 ]. [3]In one hospital, a study showed that out of 8,000 abortions performed, 7,999 were female foetuses. See Shailaja Bajpai, India's Lost Women, World Press Rev. , Apr. 1991, at 49. Also see, Vidya Deshpande, Where have all the girls gone? , http://www. indianexpress. com/fe/daily/19991202/faf28033. html, visited 24/12/02. | | [ 5 ]. [4]John F. Burns, India Fights Abortion of Female Foetuses, N. Y. Times, Aug. 27, 1994, at 5, available in LEXIS, News Library, Curnws File. | | [ 6 ]. [5]Demographers pointing to such numbers have finally forced governments to take notice. Thus, India's officials banned couples from using â€Å"technical means† to determine the sex of a foetus. The Sexes; Disappearing Girls; In China, India and South Korea, A Gender Gap Causes Worries, Asiaweek, Mar. 3, 1995, at 32 | [ 7 ]. [6]See India Bans Abortions of Female Fetuses; Another Move to Help Protect Baby Girls, Chi. Trib. , Jan. 10, 1996, at 13, available in LEXIS, World Library, Allwld File. | | [ 8 ]. [7] Section 3. | | [ 9 ]. [8] Section 4(4)| | [ 10 ]. [9] Section 4| | [ 11 ]. [10] Section 5(1)( c)| | [ 12 ]. [11] See section 24. Common response to the Act has been â€Å"If I do get arrested, I'll spend a couple of months in prison, but what's that compared to a lifetime of misery trying to bring up a girl? â€Å"| | [ 13 ]. [12] Section 17| | [ 14 ]. [13] Section 18| | [ 15 ]. [14] Sections 20-21| | [ 16 ]. [15] Section 22| | [ 17 ]. [16] Section 23| | [ 18 ]. 17] The long title of the Bill that is proposed to substituted the present long title reads as follows:— â€Å"An Act to provide for the prohibition of sex selection, before or after conception, and for regulation of pre-natal diagnostic techniques for the purposes of detecting genetic abnormalities or metabolic disorders or chromosomal abnormalities or certain congenital malformations or sex-linked disorders and for the prevention of their misuse for sex determination leading to female foeticide and for matters connected therewith or incidental thereto. † | | [ 19 ]. [18] Amendment of section 1 of th e Act. | | [ 20 ]. [19] 4. Amendment of section 2. In section 2 of the principal Act,— (i) after clause (b), the following clauses shall be inserted, namely:— ‘(ba) â€Å"conceptus† means any product of conception at any stage of development from fertilisation until birth including extra embryonic membranes as well as the embryo or foetus; (bb) â€Å"embryo† means a developing human organism after fertilisation till the end of eight weeks (fifty-six days); (bc) â€Å"foetus† means a human organism during the period of its development beginning on the fifty-seventh day following fertilisation or creation (excluding any time in which its development has been suspended) and ending at the birth’ | | [ 21 ]. [20] â€Å"Explanation. — For the purposes of this clause, ‘Genetic Clinic’ includes a vehicle, where ultrasound machine or imaging machine or scanner or other equipment capable of determining sex of the foetus or a portable equipment which has the potential for detection of sex during pregnancy or selection of sex before conception, is used. † | | [ 22 ]. 21] ‘(g) â€Å"medical geneticist† includes a person who possesses a degree or diploma in genetic science in the fields of sex selection and pre-natal diagnostic techniques or has experience of not less than two years in any of these fields after obtaining— (i) any one of the medical qualifications recognised under the Indian Medical Council Act, 1956 (102 of 1956); or (ii) a post-graduate degree in biological sciences. ’ | | [ 23 ]. [22] Substitution of new section for section 22. -For section 22 of the principal Act, the following section shall be substituted, namely:— 22. Prohibition of advertisement relating to pre-conception and pre-natal determination of sex and punishment for contravention. (1) No person, organisation, Genetic Counselling Centre, Genetic Laboratory or Genetic Clinic, including c linic, laboratory or centre having ultrasound machine or imaging machine or scanner or any other technology capable of undertaking determination of sex of foetus or sex selection shall issue, publish, distribute, communicate or cause to be issued, published, distributed or communicated any advertisement, in any form, including internet, regarding facilities of pre-natal determination of sex or sex selection before conception available at such centre, laboratory, clinic or at any other place. See also, Substitution of new section for section 16. –    | | [ 24 ]. [23] Substitution of new section for section 24. For section 24 of the principal Act, the following section shall be substituted, namely:— â€Å"24. Presumption in the case of conduct of pre-natal diagnostic techniques. -Notwithstanding anything contained in the Indian Evidence Act, 1872, the court shall presume unless the contrary is proved that the pregnant woman was compelled by her husband or any other re lative, as the case may be, to undergo pre-natal diagnostic technique for the purposes other than those specified in sub-section (2) of section 4 and such person shall be liable for abatement of offence under sub-section (3) of section 23 and shall be punishable for the offence specified under that section. †| | Female Foeticide Female Foeticide: A legal Analysis In 1988 there was an advertisement in the Diwali special number of a renowned Marathi magazine:[1] â€Å"Amniocentesis is a developed science To misuse it for abortion is a great sin. Better go in for sex-selection Read this book. Consult your family doctor for a sure way of begetting sons. Female foeticide is perhaps one of the worst forms of violence against women where a woman is denied her most basic and fundamental right- the right to life enshrined in Article 21 of Indian Constitution. Elimination of the girl child by way of selectively eliminating the female embryos or foetuses is an age-old phenomenon. It negates the fundamental right to equality guaranteed under Articles 14 and 15 of our Constitution. The traditional mentality of the Indian culture of preferring the boy baby over the girl child combined with the ultra modern technology has only succeeded in boosting the status conscious Indian families to perpetuate their choice making process of the girl child elimination in the most sophisticated and easiest way. To top it all, the ethically conscious medical profession has been able to bring down the already imbalanced sex ratio on to 927 women per 1000 men. [2] It raises important issues on the interfacing of technology, health and society, of misuse of medical technology, of using techno-centric solutions for social problems, of violation of the principles of medical ethics, of social and demographic implications of such technologies, of the decision making processes involving technology, which can have far-reaching social effects, of regulating the medical profession (specially reproductive technology) both internally and externally, of limits to research and the techno-docs' power ‘to play God', of the role and limits of social legislation in tackling social problems; of ‘informed consent', and patients' rights and doctors accountability, of the possible fall-out of the advent of New Reproductive Technologies (NRTs) from Sex Pre-Selection Techniques (SPSTs) to non-coital reproduction through IVF- ET or GIFF, surrogate motherhood to genetic engineering; of decision-making process in family and society and women's role (or lack of it) in them. All these interrelated issues mean something to all our lives as it defines the way we see our past, present and future. Traditionally the patriarchal families got rid of the â€Å"unwanted child† either by way of poisoning the new-born baby or letting her coke on husk or simply by crushing her skull under a charpoy. Since modern medical tests have made it easier to determine the sex of the child even before the birth of the â€Å"unwanted child†, the number has only shot instead of decreasing. In one hospital, a study showed that out of 8,000 abortions performed, 7,999 were female foetuses. [3] Hence, the government was forced to pass the Pre Natal Diagnostic (Prevention) Act, 1994 in response to the increasing number of abortions performed on women carrying female foetuses. 4] Thus, India's officials banned couples from using â€Å"technical means† to determine the sex of a foetus. [5] Although India's Parliament passed the legislation in 1994, it could not become law until all state legislatures approved it. [6] The law finally took effect on January 1, 1996. The 1994 Act is bot h prohibitive and regulatory. Prohibitive: According to the Act the use of pre-natal techniques for the purposes of sex determination are prohibited. [7] The Act prohibits any person conducting prenatal diagnostic procedure from communicating to the pregnant women concerned or her relatives the sex of the foetus by words, signs or in any other manner. 8] The Act prohibits any Genetic Counselling centre, Genetic Laboratory and Genetic Clinic to conduct activities relating to pre-natal diagnostic technique unless it is registered under the Act or to employ anyone who does not possess the prescribed qualifications. The medical practitioners are prohibited to conduct such techniques at any place, which is not registered under the Act. Regulatory: The Act provides for the regulation of pre-natal diagnostic techniques. Prenatal diagnostic techniques may be used to detect genetic or metabolic disorders or chromosomal abnormalities or certain congenital malformations or sex-linked disorders . Prenatal Diagnostic Techniques may be employed only under specified conditions by registered institutions:[9] O  Ã‚  Ã‚  Ã‚   The tests can only be carried out on women who are either over the age of thirty-five; or O  Ã‚  Ã‚  Ã‚   Have had two or more miscarriages; or O  Ã‚  Ã‚  Ã‚   Who have been exposed to radiation, infection, chemicals or drugs which are harmful to the foetus; or O  Ã‚  Ã‚  Ã‚   The pregnant woman has a family history of mental retardation or physical deformities such as spasticity or any other genetic disease; or O  Ã‚  Ã‚  Ã‚   Any other condition as may be specified by the Central Supervisory Board. It is very important to note that the Act permits use of such techniques provided the medical practitioner has explained all the known side and after effects of such techniques to the pregnant woman and more importantly, has obtained her written consent in the language she understands. 10] Persons working in the clinics, as well as women and their families who use the clinics; or are liable for fines and imprisonment for violating the Act. [11] The Act provides for the construction of a Central Supervisory Board [herein after CSB], which shall be established to advise the government on policy matters relating to pre-natal diagnostic techniques; to review the implementation of the Act and its rules; and to recommend changes in the Act and its rules. [12] The CSB has been assigned a very important function of spreading public awareness against the practice of pre-natal determination of sex and foeticide. The CSB shall meet at least twice a year to review the functioning of the Act and make recommendations for its better implementation. [13] An Appropriate Authority shall be appointed in States and Union Territories and regions wherein the authorities are empowered:[14] O  Ã‚  Ã‚  Ã‚   To grant, suspend or cancel the registration of genetic counselling centres, laboratories and clinics; and O  Ã‚  Ã‚  Ã‚   Also to investigate complaints regarding breach of the provisions of the Act or the rules. The Act lays down prohibition on the issuance of advertisements[15] relating to pre-natal sex determination by any person, organisation or institutional and provides that any contravention/Violations of the same will entitle the offender a punishment of 3 years imprisonment and/ or Rs. 10,000/- fine for the first charge, this increasing to Rs. 50,000/- fine and 5 years imprisonment for a second charge. [16] But there are various loopholes in the Act, which has made it a failure to a great extent thus letting the demons of female foeticide/infanticide survive and flourish! Hence, the Pre-Natal Diagnostic Techniques (Regulation and Prevention of Misuse) Amendment Act, 2002 was passed to plug the loopholes. THE PRE-NATAL DIAGNOSTIC TECHNIQUES (REGULATION AND PREVENTION OF MISUSE) AMENDMENT ACT, 2002: Objectives of the New Act: The practices relating to female foeticide and techniques connected with the same are considered discriminatory to the female sex and not conducive to the dignity of the women. The proliferation of the technologies mentioned above may, in future, precipitate a catastrophe, in the form of severe imbalance in male-female ratio. The State is also duty bound to intervene in such matters to uphold the welfare of the society, especially of the women and children. Therefore, the government felt the necessary to enact and implement in letter and spirit a legislation to ban the pre-conception sex selection techniques and the misuse of pre-natal diagnostic techniques for sex-selective abortions and to provide for the regulation of such abortions. Such a law is also needed to uphold medical ethics and initiate the process of regulation of medical technology in the larger interests of the society. Accordingly, it is proposed by the government to amend the aforesaid Act with a view to banning the use of both sex selection techniques prior to conception as well as the misuse of pre-natal diagnostic techniques for sex selective abortions and to regulate such techniques with a view to ensuring their scientific use for which they are intended. The Amendment Act, 2002 seeks to achieve the aforesaid objects. Highlights of the New Act: 1. The Act provides for the prohibition and regulation of SD techniques before or after conception. [17] 2. For the words and brackets â€Å"the Pre-natal Diagnostic Techniques (Regulation and Prevention of Misuse)†, the words and brackets â€Å"the Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection)† shall be substituted. [18] This lays a lot of emphasis on the issue of female foeticide in particular. 3. Definitions of â€Å"conceptus†, â€Å"embryo† and â€Å"foetus† have been laid down specifically, which helps in determining the cause and stage of use of PNDT. [19] 4. The Explanations added to Sec. (ii) in clause (d), (e) and (g) have enlarged the scope of the Act to include even the portable PNDT equipment/machinery. [20] 5. Qualifications of a genetic has been upgraded. [21] 6. Amendment of section 17 of the principal Act re ads as follows— â€Å"(e) to take appropriate legal action against the use of any sex selection technique by any person at any place, suo motu or brought to its notice and also to initiate independent investigations in such matter† This provision has given extra scope to the authorities for the utilisation of the powers to fulfil their duties. 7. Insertion of new section 17A. -After section 17 of the principal Act, the following section is proposed to be inserted, namely:— â€Å"17A. Powers of Appropriate Authorities. The Appropriate Authority shall have the powers in respect of the following matters, namely:— (a)  Ã‚  Ã‚  Ã‚   summoning of any person who is in possession of any information relating to violation of the provisions of this Act or the rules made thereunder; (b)  Ã‚  Ã‚   production of any document or material object relating to clause (a); (c)  Ã‚  Ã‚  Ã‚   issuing search warrant for any place suspected to be indulging in sex selectio n techniques or pre-natal sex determination; and (d)  Ã‚   any other matter which may be prescribed. †. This provision is very much in tune with the objective of Section 17 (e). 8. Provision with regard to the advertisements has been made more stringent. [22] 9. Definitely, the strongest provision of the Bill is the new section 24, which if brought to effect shall wipe all doubts with regard to the application of penal provisions to women undergoing the PNDT tests. The rovisions has rightly identified the problems of women in the cases of PNDT as in most cases, women are forced to go for these test or to forgo their marital lives their homes, even their lives. [23] Drawbacks of the new Act: I. Amendment of section 3. -In section 3 of the principal Act, for clause (2), the following clause shall be substituted, namely:— â€Å"(2) No Genetic Counselling Centre or Genetic Laboratory or Genetic Clinic shall employ or cause to be employed or take services of any person, w hether on honorary basis or on payment who does not possess the qualifications as may be prescribed. † The Section is negatively worded which gives a scope for the people specifically excluded in the provisions to take advantage of the loophole. Instead, if the provision was positively worded in the sense that it lad down as to who is eligible to carry the PNDT under the circumstances specified under the Act, it would have restrained anyone who is otherwise not specifically authorised to conduct such tests. II. Section 3B: Prohibition on sale of ultrasound machine, etc. , to persons, laboratories, clinics, etc. , not registered under the Act. – No person shall sell any ultrasound machine or imaging machine or scanner or any other equipment capable of detecting sex of foetus to any Genetic Counselling Centre, Genetic Laboratory, Genetic Clinic or any other person not registered under the Act. † Though this is a strongly worded Section, which aims at curbing the clandestine sale of the PNDT equipments, it suffers from a major drawback. The Act or he Section does to talk about the manufacturing of these equipments because since manufacturing is the first step towards the black-marketing and other misuses. As such, there have to be specific guidelines as to the manufacturing. The manufacturing license should be issued only to the Governmental Institutions so that the monitoring becomes so much easier because of the control that he Government can exercise over these institutions. Also very closely linked to above point is the licensing function. If licenses for prenatal diagnosis were granted only to government institutions, the task of vigilance would be further simplified. The ban on misuse of techniques for SD imposed upon government institutions has not been violated for the past 15 years. Also there is no provision to the effect that the registration of the portable PNDT machinery/equipment’s are also registered. III. Amendment of section 4. -In section 4 of the principal Act, for clauses (3) and (4), the following clauses shall be substituted, namely:— â€Å"(3) No pre-natal diagnostic techniques shall be used or conducted unless the person qualified to do so is satisfied for reasons to be recorded in writing that any of the following conditions are fulfilled, namely:— The provisions of this section prima facie seem like a good provision but are a toothless one. The issue is that though citing a reason which satisfies the condition precedent laid down in the Act before the PNDT tests are conducted, the provisions misses out a crucial point. It does not mandate for the production of the documents to prove that the condition in fact, is satisfied and is very much in spirit wit the object of the Act. Also should be included in this provision the requirement t record al these documentary proof which shall be made available for verification by the CSB/SSB, etc. IV. Section 13 sub clause (vi) Any other condition as may be specified by the Board: This provision gives a lot of discretionary powers to the Boards, which have to be curtailed in the form of the guidelines. V. Amendment of section 5. In section 5 of the principal Act, for sub-section (2), the following sub-section shall be substituted, namely:— â€Å"(2) No person including the person conducting pre-natal diagnostic procedures shall communicate to the pregnant woman concerned or her relatives or any other person the sex of the foetus by words, signs, or in any other manner. † This provision has practical difficulties in terms of implementation. It is suggested by the author that a kind of code system be adopted whereby the tests which have satisfied the conditions of the Act be given a code number and sent for testing in a place which is authorised to conduct he tests for a particular area or region. This is to ensure that there exists no direct links between the family concerned and the medical practitioner who can convey the sex of the foetus, which might lead to the death of the foetus in case it turns out to be a female. This is because though the provisions bar the practitioner from conveying in any manner whatsoever, the proof that the same has not been conveyed cannot be assured. VI. Automatic suspension/cancellation from the Registry of Medical Practitioners of the name of doctors found guilty by the court without referring the matter to the Medical Council. VII. Insertion of new section 16A. -After section 16 of the principal Act, the following section shall be inserted, namely:— â€Å"16A. Constitution of State Supervisory Board and Union territory Supervisory Board. (1) Each State and Union territory having Legislature shall constitute a Board to be known as the State Supervisory Board or the Union territory Supervisory Board, as the case may be, which shall ha ve the following functions:— (10) In respect of matters not specified in this section, the State Board shall follow procedures and conditions as are applicable to the Board. † There are no rules and regulations with regard to the powers of the Boards as to in what way the powers have to be synchronised to fulfil their duties and function as specified in the Act. Also, this Section suffers from a serious defect. That is the Section has adopted a very top-down approach, which has been time and again proved to be ineffective and fruitless. Therefore, the approach should have bee a grass-root eve approach. This is even more applicable n the cases of PNDT because of the Act that a good chunk of cases are from rural areas which are very difficult to monitor and control. A Panchayat level machinery working hand in hand with local rural institutions like the Anganwadis and the school would be an idea way to tackle and combat the problem of PNDT. VIII. Also the Act has certain vague and ambiguous terms and expressions like â€Å"eminent† which are very problematic as to how they should be interpreted and put to use. IX. Punishable with imprisonment for a term, which may extend to three years and with fine which may extend to fifty thousand rupees for the first offence and for any subsequent offence with imprisonment which may extend to five years and with fine which may extend to one lakh rupees. The hike in the fines though would be applicable to the urban areas, it’s a mere letter of black and white on the paper when it comes to the rural areas. The rural people who, more often than not are extremely poor, are in no position to pay those high fines, which makes the provisions a redundant provisions. Instead, thee ha to be a mechanism whereby these people can be sensitized to the problems associated with the girl child. It is the firm belief of the author that public awareness is a much better and powerful tool than mere fines, especially with regard to the rural poor. X. A major hurdle in the endeavor to prohibit sex determination and regulation of PNDT techniques is that there is no proper duty laid upon any of he authorities in the Act. There is no penalty attached for non performance of the duties- commission or omission- cast upon the authorities. Especially in the light of the fact that so far the CSB have never met regularly as per the provisions of the Act. XI. The Financial Memorandum affixed to the Bill with regard to the expenses falling under Section 16 A of the Act has no regulation with regard to transparency, a ccountability, and regulatory body. This is very problematic and might just prove to be plunder’s paradise. ——————————————– [ 2 ]. [1] See, http://www. evesindia. com/health/features/reprod_health. html, visited on 10/10/02. | | [ 3 ]. [2] Id.. | | [ 4 ]. [3]In one hospital, a study showed that out of 8,000 abortions performed, 7,999 were female foetuses. See Shailaja Bajpai, India's Lost Women, World Press Rev. , Apr. 1991, at 49. Also see, Vidya Deshpande, Where have all the girls gone? , http://www. indianexpress. com/fe/daily/19991202/faf28033. html, visited 24/12/02. | | [ 5 ]. [4]John F. Burns, India Fights Abortion of Female Foetuses, N. Y. Times, Aug. 27, 1994, at 5, available in LEXIS, News Library, Curnws File. | | [ 6 ]. [5]Demographers pointing to such numbers have finally forced governments to take notice. Thus, India's officials banned couples from using â€Å"technical means† to determine the sex of a foetus. The Sexes; Disappearing Girls; In China, India and South Korea, A Gender Gap Causes Worries, Asiaweek, Mar. 3, 1995, at 32 | [ 7 ]. [6]See India Bans Abortions of Female Fetuses; Another Move to Help Protect Baby Girls, Chi. Trib. , Jan. 10, 1996, at 13, available in LEXIS, World Library, Allwld File. | | [ 8 ]. [7] Section 3. | | [ 9 ]. [8] Section 4(4)| | [ 10 ]. [9] Section 4| | [ 11 ]. [10] Section 5(1)( c)| | [ 12 ]. [11] See section 24. Common response to the Act has been â€Å"If I do get arrested, I'll spend a couple of months in prison, but what's that compared to a lifetime of misery trying to bring up a girl? â€Å"| | [ 13 ]. [12] Section 17| | [ 14 ]. [13] Section 18| | [ 15 ]. [14] Sections 20-21| | [ 16 ]. [15] Section 22| | [ 17 ]. [16] Section 23| | [ 18 ]. 17] The long title of the Bill that is proposed to substituted the present long title reads as follows:— â€Å"An Act to provide for the prohibition of sex selection, before or after conception, and for regulation of pre-natal diagnostic techniques for the purposes of detecting genetic abnormalities or metabolic disorders or chromosomal abnormalities or certain congenital malformations or sex-linked disorders and for the prevention of their misuse for sex determination leading to female foeticide and for matters connected therewith or incidental thereto. † | | [ 19 ]. [18] Amendment of section 1 of th e Act. | | [ 20 ]. [19] 4. Amendment of section 2. In section 2 of the principal Act,— (i) after clause (b), the following clauses shall be inserted, namely:— ‘(ba) â€Å"conceptus† means any product of conception at any stage of development from fertilisation until birth including extra embryonic membranes as well as the embryo or foetus; (bb) â€Å"embryo† means a developing human organism after fertilisation till the end of eight weeks (fifty-six days); (bc) â€Å"foetus† means a human organism during the period of its development beginning on the fifty-seventh day following fertilisation or creation (excluding any time in which its development has been suspended) and ending at the birth’ | | [ 21 ]. [20] â€Å"Explanation. — For the purposes of this clause, ‘Genetic Clinic’ includes a vehicle, where ultrasound machine or imaging machine or scanner or other equipment capable of determining sex of the foetus or a portable equipment which has the potential for detection of sex during pregnancy or selection of sex before conception, is used. † | | [ 22 ]. 21] ‘(g) â€Å"medical geneticist† includes a person who possesses a degree or diploma in genetic science in the fields of sex selection and pre-natal diagnostic techniques or has experience of not less than two years in any of these fields after obtaining— (i) any one of the medical qualifications recognised under the Indian Medical Council Act, 1956 (102 of 1956); or (ii) a post-graduate degree in biological sciences. ’ | | [ 23 ]. [22] Substitution of new section for section 22. -For section 22 of the principal Act, the following section shall be substituted, namely:— 22. Prohibition of advertisement relating to pre-conception and pre-natal determination of sex and punishment for contravention. (1) No person, organisation, Genetic Counselling Centre, Genetic Laboratory or Genetic Clinic, including c linic, laboratory or centre having ultrasound machine or imaging machine or scanner or any other technology capable of undertaking determination of sex of foetus or sex selection shall issue, publish, distribute, communicate or cause to be issued, published, distributed or communicated any advertisement, in any form, including internet, regarding facilities of pre-natal determination of sex or sex selection before conception available at such centre, laboratory, clinic or at any other place. See also, Substitution of new section for section 16. –    | | [ 24 ]. [23] Substitution of new section for section 24. For section 24 of the principal Act, the following section shall be substituted, namely:— â€Å"24. Presumption in the case of conduct of pre-natal diagnostic techniques. -Notwithstanding anything contained in the Indian Evidence Act, 1872, the court shall presume unless the contrary is proved that the pregnant woman was compelled by her husband or any other re lative, as the case may be, to undergo pre-natal diagnostic technique for the purposes other than those specified in sub-section (2) of section 4 and such person shall be liable for abatement of offence under sub-section (3) of section 23 and shall be punishable for the offence specified under that section. †| |

Cross Cultural Studies in Gender Essay

Most research into gender roles has occurred in Western societies, and generally shows a clear divide in gender roles, most encouraging masculine behaviour in boys, and feminine behaviour in girls. However, in order to further explore the idea of nature vs. nurture (biological vs. social approach); it is important to research gender roles in a variety of countries. If clear themes, it may indicate that gender role development is nature, as would show that men are similar to men across the whole world, and likewise for females, showing there must be something determining the way men work, whereas if there are clear culture differences, it would imply social factors determine gender. Cross cultural research has been explored for many years by anthropologists. Some of the earliest work came from Margret Mead in the 1930’s. Comparing three Papua New Guinean tribes, the Arapesh, the Mundugumor and the Tchambuli, she discovered different behaviours displayed by both men and women in each individual tribe. In the Arapesh, men and women were seen to be gentle, responsive- fitting the Western stereotype as feminine. In the Mundugumor tribe, she found males and females to violent and aggressive- the Western stereotype of masculinity and finally in the Tchambuli tribe, she found role reversal to Western stereotypes, as males were more emotionally dependant and flirtatious, whereas the females were dominant, impersonal and definite. Although at first, Mead concluded that her research showed that gender roles came through cultural determinism as big differences were found between males and females in different cultures, implying that gender roles were driven by social factors. However, after later analysis and extending her research to look at other tribes in Samoa, she changed her view (1949) to that her research actually showed cultural determinism, as despite differences in the roles males and females played in each society, in all the societies she looked at men were more aggressive than the women, contributing to the idea that gender role is determined by nature, as there are some behaviours which are innate and universal, e. g. ggression in men, but that degree to which they are expressed is relative to the particular culture. This fits under the biosocial approach, as her research suggests there are some behaviours which are universal, but the degrees to which these behaviours are expressed depends on social factors, such as culture. Mead’s study was a natural experiment, meaning the tribes were observed in their usual environment, suggesting she was noting their true behaviour. However, her method has been heavily criticised by other psychol ogists such as Freeman (1984). Her research was conducted through interviews and observations of the tribes, but Freeman who also worked with Samoan tribes was told that Mead provided the tribesmen with what she wanted them to say. Although this questions the validity of her research, in later years there has been lots of cross cultural research to show differences and similarities and divisions of labour and behaviour by gender in every society (Munroe and Munroe 1975). Further research to support the nature side of the argument is from Whiting and Edwards 1975. Through looking at 11 non-western societies, they found that gender roles were organised in similar ways across a range of traditional cultures. They found girls were encouraged to spend more time with their mothers and were more likely to be given domestic and childcare jobs, whereas the boys were likely to be assigned jobs outside the house such as herding animals. This lead to girls spending more time with younger infants and adults, whereas boys spent more time with their peers, and so It seemed younger girls were found to be more responsible and nurturing than boys who in early adolescence began to get more responsibility. Whiting and Edwards concluded that the behavioural differences observed came about because of the tasks they are given. Girls are taught how to be responsible at a young age as they are exposed to female role models, and develop skills of caring for younger siblings. In another, Whiting and Whiting (1988) observed children in their natural environment with parents, siblings and peers. There were universal differences that girls were more nurturing and boys showed more dominance. However, the fact there were key differences between boys and girls such as what they were socialised into, and what they were encouraged to achieve, implies that both upbringing and biology play a role in development; socialisation just magnifies the biological difference, hence differences across cultures such as between US and India. Bee (1995) supported the idea of socialisation being the most important factor in determining gender, as he stated children became the company they keep. However, researches such as Omar et al found similarities in varied countries such as Switzerland, Ethiopia and the US. Their research indicated that all boys show higher levels of competitiveness and aggression than females, indicating there are underling biological factors. Further support for the nurture argument comes from Berry et al (2002). They studied male superiority on spatial perceptual tasks in 17 societies. He found that this superiority is only found in relatively tight knit, sedentary societies but absent in nomadic societies. This shows that the magnitude of sex differences is linked to culture and ecology. In tight knit societies, the division of labour is greatest because women stay at home whilst men travel, whereas in nomadic societies, both men and women travel and hunt so there is less division of labour (Van Leeuwen 1978). Therefore, this implies that social factors dictate gender role, due to the cultural differences in division of labour found. Berry’s large study of a variety of societies indicates his results can be representative of the general population and we can generalise results. However, Kimura (1999) offered an alternative biological interpretation, that in hunting societies, those with poor spatial perception are likely to die, thus eliminating such genes from the gene pool. This explains why in nomadic societies, there would be less gender difference in spatial abilities. Further biological support comes from Buss et al (1989). Involving 10,000 participants from 37 cultures, he found universal themes in what males and females looked for in marriage partners. Women desired males who had good financial prospects, whereas men placed more important in physical attraction and youthfulness. Both sexes agreed intelligence, kindness and reliability are important. Due to the fact these finding were universal, and the scale of the study implies we can generalise, it suggests gender roles are biologically determined. However, an alternative argument may be that women look for providers, not because of biology, but because of the fact women tend to earn less in society, and in some countries, have fewer rights, which is a social issue determining differences in gender roles. But despite the fact that labour division are the same in most cultures- irls are brought up to be nurturing, responsible and obedient, likely to raise the children, whereas boys are raised to be more independent, self-reliant and high-achieving, and provide for their family, suggest that it is biology that determines sex roles. However, it is difficult to decipher whether division is the direct outcome of biological differences or whether it is a more indirect outcome of biological differences. Eagly and Wood argued that all cultures shape their socialisation processes along with the lines of inborn biological tendencies. However, there has been research to counter this. Sugihara and Katsurada (2002) found that Japanese men do no not seek to be macho like Americans, but instead value being well-rounded in the arts (usually associated as femininity), showing that labour divisions are not the same in all cultures. As well as looking at the divisions of labour between difference cultures, there has also been research into the differences between gender roles in collectivist and individualistic cultures. In 2002, Chang, Guo and Hau, compared 145 American and 173 Chinese students by giving the students a 10 item Egalitarian Gender Role Attitudes Scale, which measured their attitudes to gender equality at home and in the work place. Chang et al found that American students emphasised the important of equal gender roles at work, whereas the Chinese students emphasised the importance of equality at home and in the family. Although this does indicate differences, this may be due to the nature of their home country. In communist China, equality at work is taken for granted. Further exploring this, Leung and Moore (2003) compared Australians of English and Chinese decent using Bem’s SRI and fond differences in line with the Hofstede’s dimensions. Both male and female English Australians showed masculine traits which are valued in individualistic cultures, whereas Chinese Australian’s; male and female, showed feminine traits valued in a collectivist culture. Both research studies imply that cultural values and expectations have a strong on the development of gender roles and expectations (nurture). A big problem with much research is how you measure sex stereotypes. Williams and Best (1990) study highlighted some of the problems linked to this. 2,800 university students from 30 different nations were given a 300 item adjective checklist (ACL) and asked to decide for each adjective whether it was associated more with men or women. They found a broad consensus across countries- men were seen as more dominant, aggressive and autonomous, whereas women were more nurturing, deferent and interested in affiliation. This suggests there are universal gender stereotypes about gender roles, indicating, they are derived though our genes. However, this study proposed many problems in how they measured sex stereotypes. Firstly, the participants had to pick either male or female, there was no equal category (although there was a ‘cannot say’ category) which may have resulted in the division in gender roles being exaggerated. Furthermore, the task was related to stereotypes, not actual behaviours. Some argue that such stereotypes have a significant effect on socialisation within the culture, and this are related to behaviour, but the data does not demonstrate this. Finally, because all of the participants are students, it indicates there behaviours are similar e. g. intelligences, and exposed to similar influences which may explain the broad consensus. Another problem is a lot of the cross-cultural research has been collected by western researchers, therefore, even though they were collecting data in western and non-western societies, the method of research will be developed by western psychology. This may indicated imposed etic, and the data collected is meaningless and demonstrates cultural bias. To overcome this, Berry et al (2002) concluded that there should be a greater use of more genuine indigenous research, opposed to indigenous researchers carrying out the method of western psychologists. To conclude, despite methodological problems, due to the universal similarity in gender roles found in various investigations, it indicated that biology drives gender roles. However, difference found between cultures indicates social factors are also important, so there is a complex interaction between both factors, so the biosocial approach may be a more suitable approach, as it is less deterministic and acknowledges both aspects. As well, it is important to account for historical changes. Much research was done in the 1970/1980’s when the gender gap in many western countries was much larger than is it today, as it is now accepted that both males and females work, and parental equality. However, males still occupy more powerful positions than women, and women perform more domestic duties. But it is an important factor to consider when looking at data.

Media Bullshit Essay Example | Topics and Well Written Essays - 750 words

Media Bullshit - Essay Example Furthermore, it has to be noted that the media comes in the form of the television, the internet, the radio, newspaper, and magazines. Significantly, the absence of the above-mentioned source of medium would be difficult for the citizens of the United States to be aware of what is taking place. The media has been utilized to inform the American society on the performance of the government, prominent individuals and the community as a whole (Qualman, 2012, 12-14). Essentially, I believe that the media cannot be regarded as â€Å"media bullshit† as information shared by the public often brings about more good than harm. Counter position According to an article by Burrowes (2015), â€Å"The combination of inexperienced and busy marketers, conflicted agencies and incentivized media owners is coming up with a situation of unprecedented media bullshit†. The author apparently has done some research and has come up with the conclusion that the services being initiated by the me dia industry are based on a bull shit entity. The perception is based on the challenges that the journalists go through, i.e. being forced to give false news as a way of gaining a bigger platform. According to Coville (2010), â€Å"Usually, it is not part of anybody’s grand scheme to brainwash you, but rather the result of newsrooms being staffed by fallible and opinionated humans†. Significantly, the implication of the above quote signifies that the media is indeed biased as what is often offered is not what is right.

Work within a Legal and Ethical Framework Assignment

Work within a Legal and Ethical Framework - Assignment Example She is telling Scott that when she last had her hair done, Eleni’s mother had told her that all was not well between her and Eleni’s father, and that a possible separation was being discussed. 1.Is this ethical behaviour? Which Code of Ethics guidelines would assist you in ?this decision and how? 5 marks ?2.What will you do in the short-term? What would be your longer term team ?strategy? 5 marks What is going on now is not ethical behaviour. Usually, most basic Codes of Ethics focus on human dignity and the respect for human dignity. Belinda talking about what Eleni had told her about possibly splitting up from Scott (the father)—was not only unethical, but even moreso if it occurred in front of the children. Even if these comments by Belinda were not made in front of the children, such behaviour still shows a great lack of respect on the part of Belinda for discussing a personal matter between the parents in front of other parties. In the short-term, it would b e advisable to let Belinda know that it is not acceptable behaviour to discuss such a topic without Eleni’s knowledge. Belinda should be alerted that this is unethical behavior. As a longer-term strategy, Belinda should be alerted also to the fact that the relationship between Eleni and Scott is delicate and that it is really none of her business to discuss the couple’s private business, especially if children are present. That is really none of Belinda’s business and someone should definitely let her know her place. She could severely damage the relationship between Scott and Eleni by spreading such malicious gossip. It is against several different codes of ethics to slander people in such a manner. In this way, Belinda should be warned that this is not ethical behaviour—at any rate—and that it should be stopped immediately or told that she will face charges of ethics violations. Task 2: Work within the roles and responsibilities of a childcare ?w orker (10 marks) The room leader is going on holidays and Nikki has asked you to be responsible for the ?children’s program whilst she is away. The room leader will be absent for a month. 1 How does this request fit within your job description as an untrained child carer? 5 marks 2. Based upon this, what would be your response to Nikki? What issues would you need to discuss and agree upon? 5 marks As an untrained child carer, being the children’s program room leader would not be a job that I could responsibly complete. Based upon this, my response to Nikki would be that I could not take on the role or responsibility that she has as room leader at the daycare center. The issues that would need to be discussed and agreed upon is how I could feasibly be the room leader. One way to possibly substitute for Nikki would be if I were to be supervised by someone who had the appropriate educational degree and/or experience comparable to that of someone who is a room leader at th e children’s daycare center. It is important that these issues be addressed because Nikki cannot simply go on vacation and leave the children hanging in the balance. She must make appropriate plans as to how the children will be cared for—and if she cannot make plans for who will supervise the children while they are being cared for, the facility should either be shut down for the month that she is gone—or she should effectively find someone else who can take over her position, either temporarily or permanently. This is her responsibility and she must make the appropriate arrangements or else close the school. The children are her first priority. In the event that she does not want to close the school, Nikki should make arrangements to hire a suitable replacement either on a temporary, contingency basis—

Environmental Microbiology Assignment Example | Topics and Well Written Essays - 250 words - 1

Environmental Microbiology - Assignment Example The reason as to why they are considered together is for human convenience and not as a reflection of their biological, evolutionary or ordered relationships. It is also important to note that algae are also known to be phototropic. Lenntech.com (1) asserts that almost all algae are eukaryotes and the exact nature of their chloroplasts which contains DNA is different in different lines of algae. Cyanobacteria are a classification of organisms traditionally incorporated among the algae though they have a prokaryotic cell structure and they conduct photosynthesis directly within the cytoplasm and not in specialized organs. Expertscolumn.com (1) categorically explains the significance of algae. Economically, Phytoplankton from algae is a source of food to many aquatic living things such as fish and also provides oxygen to their surrounding environment. The desmids help in analysis of water contamination or pollution. Another example is the brown algae. The brown algae contain alginic acid which is a source of lginites. Algae have negative effects as much as they have many uses. A typical scenario is that when a huge increase of algae occurs, a ‘red tide’ occurs. This is characterized by the ocean changing its color to red in certain areas as a result of the pigment coming from the algae. In conclusion, more research should be done to discover more areas through which algae can be utilized as opposed to their negative effects. This can be attributed to the fact that algae will always exist within our society and the more ways of utilizing them in our lives, the better. Expertcolumn.com. â€Å"The Significance of Algae in Economy and Environment as well as Its Harmful Effect†.7 Jan. 2011. Web.27 Oct. 2011

European Union Law Essay Example | Topics and Well Written Essays - 2500 words

European Union Law - Essay Example Problems arise every now and then when the acts and decisions of these EU institutions overlap or run into conflict with the mandates of their national counterparts. For example, the ECJ has rendered decisions that member states found incompatible with their own statutes as observed by their national courts. This paper discusses the EU setup as a unique constitutional body whose implementing arms sometimes perform acts that encroach upon the functions and purposes of the national institutions of member states, but it nonetheless succeeds in stringing the disparate Community members into a cohesive whole. Special attention is given to the ECJ whose role it is to implement the EU Constitution and laws, as well as interpret the EC treaties as these apply to specific cases on the national levels. Under Article 234 of the Constitution, the ECJ is tasked with giving preliminary rulings on interpretation of the treaties, the validity or legality of any acts of the EC institutions, and interpretation of the statutes of bodies established by an act of the Commission. In 146/73 Rheinmuhlen (1974) ECR 139, it was emphasized that Article 234 is "essential for the preservation of the EC character of the law established by the EU Treaty and has the object of ensuring that in all circumstances, the law is the same in all states of the Community." When questions of EC law arises, national courts may apply to ECJ for a preliminary ruling on matters of interpretation or validity, after which they may apply the law for their own purposes. In effect, the ECJ reviews the legality of acts passed by the European Parliament and Commission. EC Website (2002) points out that in safeguarding fundamental rights, the ECJ is expected to draw inspiration from the constitutional traditions of member st ates, such that it cannot uphold measures that are incompatible with the fundamental rights recognized and protected by the constitutions of member states. On paper, the ECJ appears to have effectively played its role of shaping a polity instrumental in bringing the Union to new levels of peace, stability and economic growth. However, the Court of Justice contends with accusations from time to time that it pursues an agenda that departs from the spirit of the treaties, from which it really derives its powers. The rest of this essay examines the ECJ acts and decisions in relation to specific cases to determine if there is any validity to such accusations. Community Method The most salient feature of the new Constitution for Europe, which was finalized in 2004, is the provisions on the so-called Community Method and on "subsidiarity." For the first time, the Constitution also gives European citizens the right to ask the Union to launch initiatives. Under the Community Method principle, the EU law has primacy over the law of member states. This means that any EU law is an integral part of the law in each member state, whose courts are duty-bound to apply it. As for subsidiarity, this new principle enshrined in the new Constitution dictates that if member states cannot transpose EU laws into national laws, the Community would act to see that the