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Description: Generation X and Y is a generation of Lost Boys. We live in a Never-Never-Land where boys stay boys and never become men. More and more males today are putting off college, family, and adult responsibilities in order to play video games and do keg stands.The Art of Manlinessis dedicated to helping men uncover what manliness means in the 21st century. What skills and knowledge should a 21st century man acquire? What traits should they develop? This book will have the answers.
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All the information you need in one place! Each Study Brief is a summary of one specific subject; facts, figures, and explanations to help you learn faster.
List price: $18.99Copyright year: 2009Publisher: Adams Media CorporationPublication date: 10/15/2009Binding: PaperbackPages: 288Size: 6.00" wide x 9.00" long x 0.90" tall Weight: 1.078Language: English
Brett and Kate McKay are the married team behind the popular website, TheArtofManliness.com. In just two years, the site has grown to over 1 million visitors a month, over 2 million page views a month, and over 70,000 daily subscribers. In addition, the authors maintain a thriving online social network called the Art of Manliness Community. Brett has a degree in Letters where he focused on classical history and philosophy. He also graduated in the top ten of his class in law school. Kate has a bachelor's in history and graduated summa cum laude with a masters in religion. They live in Tulsa, Oklahoma.
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Title IX and gender-based compliance. Alcohol and drug abuse prevention. Mental health. Student privacy. First Amendment expression. Threats to campus safety.
These tricky higher education hot topics are a starter list of the issues that are perplexing campuses across the country and are slated to be discussed at the American Council on Education's annual meeting. A common denominator among these issues and plenty of others is that they fall to student affairs professionals to address.
But my colleagues and I in NASPA: Student Affairs Administrators in Higher Education are more than just fixers during a crisis. Higher education must broaden the discussion of student affairs to include strengths and not just potential vulnerabilities.
NASPA released a survey last year of more than 860 chief student affairs officers and found that 12 percent of their time is spent addressing crises, which means 88 percent of their time is spent on noncrisis work. Unfortunately, most boards, members of the campus community and even the media only ask questions of and hear from student affairs leaders when the institution faces a crisis or they feel the institution is vulnerable.
With a portfolio that includes student learning and success; campus culture; health, wellness and safety; compliance and regulatory responsibilities; and leadership development, the chief student affairs officer and the student affairs team must be a vital resource for all members of the institution as they plan and formalize the vision, goals and strategic direction of the institution.
Student affairs responsibilities exist across campus and the greatest benefit of our efforts can occur if we are allowed to break through self-imposed silos and partner creatively.
Here are a few examples of this type of creativity.
Student affairs work is growing in complexity and we are implementing best practices for delivering practical, real-life experiences to students that will help them grow and refine their leadership skills. Our staff members are partnering with faculty colleagues to position our students to graduate with interpersonal and intercultural skills. And we provide opportunities for engagement where student learning occurs best -- across campus in an environment that connects classroom and cocurricular learning. We've heard complaints about the skills gaps of our graduates and are focused on preparing our current students to be successful in their first and their most impactful jobs.
We want to present our work and be held accountable for what we do. Student affairs officers should be encouraged to share their metrics and examples of student engagement and success. Our student affairs colleagues are utilizing increasingly sophisticated tools to collect and share data and can offer concrete examples of how they contribute to the strategic initiatives of the institution.
We understand the pressure our leaders face to offer up compelling student outcomes, job placement rates and other indicators of degree value, and we welcome the opportunity to provide the qualitative and quantitative measures of our success that bolster these metrics.
Student affairs team members are more than just party planners and shoulders for students to cry on -- ask to hear how they are meeting the complex social, emotional and -- in conjunction with the faculty -- academic needs of today's students.
The lines between student and academic affairs are blurring, and we welcome our role in supporting and enhancing the work being done in the classroom. Chief student affairs officers oversee the learning opportunities that complement, support and enhance the classroom environment. They play a vital role in retaining students and giving them the opportunities and skills that ultimately make them employable.
And, of course, we cover those topics that induce heartburn in campus leaders. Work is being done on difficult and serious topics by student affairs teams in conjunction with presidents, legal counsel, government affairs, academic affairs, budget and finance and other offices on campus to prepare for potential challenges to our institutions. As we all know, it is rare that an institution faces a unique challenge; we are learning from the experiences of others and applying the guidance of experts to refine our approaches.
It is the responsibility of the chief student affairs officer and the student affairs team to provide students with healthy and productive experiences on campus to prepare them to contribute to society and the workplace. Ask us about our entire portfolio of work, not just the work most similar to the headlines of greatest concern.
Kevin Kruger is president of NASPA: Student Affairs Administrators in Higher Education.
UC Irvine didn't ban the flag, and the students who tried to do so (before being vetoed) wanted only to keep the flag out of one small area. But that was all before the story went viral.
A growing nonprofit gives students part-time jobs and scholarships -- while boosting problem-solving skills.
U. of Tulsa suspended a student last semester over offensive comments made on Facebook. But those comments never came from his account.
Yik Yak accesses posts within a 10-mile radius. From where I live at the southern point of Fayette County, I am in luck. I live eight miles from the center of the University of Kentucky campus. This banal point means that I can continue to follow Yik Yak conversations even when I am away from the physical space of academic life. I can feel close to the students we work with even as I prefer to live away from them.
If I open Yik Yak at my children's school – which is closer to campus – I am blocked from using the service by the app's geofencing. Yik Yak, and the content it shares, is not for kids. Yik Yak, a free social media app that allows users to leave anonymous posts, has sparked discussion within the last year regarding its content.
In 2015, a high school student pleaded guilty to posting on Yik Yak a threat to his New Jersey high school. In December 2014, the president of the University of Kentucky sent an email to all faculty and students condemning student Yik Yak responses to a campus die-in protest as "hate filled slurs" and "narrow-mindedness." A January 2015 Huffington Post story traced a number of Yik Yak incidents in which racist posts followed a variety of campus events across the country at different universities and colleges. Such events sometimes lead to calls for banning Yik Yak. Yik Yak, this narrative argues, is a hate speech forum.
To my knowledge, Yik Yak is not banned anywhere on any college campus in Kentucky. On a given day, I open Yik Yak on my iPhone and am exposed to college conversations. The conversations vary: Sexual exploits. Bathroom antics. Grade anxiety. Moments of getting high. Reflections on Netflix. Loneliness. Support for the basketball team. Comments on classes. So little of what I see is hate-based. When I ask the students in the course I teach about Facebook how many of them are actually on Facebook, no one raises a hand. But many of them do use Yik Yak. In addition to Yik Yak, I am on Facebook, Snapchat, Twitter, and Google+. I am not sure how many of my colleagues are on Yik Yak. I know of one colleague who is. He's the one who introduced me to the app.
Some yaks (posts) I read as I wrote this are:
"Y'all motherfuckers remember mood rings back in the day?"
"I'm a decent looking girl, but I can't get a guy to text me or like me or shit."
"Do only girls work at fazolis in palomar."
Despite the public attention on hate or racist speech, many college student yaks are banal: nostalgia, anxiety, questions about local fast food chains. Like other social media bursts of expression, yaks reflect of the moment thinking. A thought or idea pops into one's head; the urge to write that feeling down in a public space follows. In that sense, yaks are no different than any other moment of written expression – from the invention of the essay to the popularity of the blog post.
Some other yaks I've recently read:
"I love Kentucky sunsets!"
"How old is too old to join a fraternity?"
"Curse you Mad Men marathon, curse you."
Yik Yak is about proximity. A user of Yik Yak either assumes proximity (those near me will read this) or creates proximity (we are not physically near one another, but you are now close to what I am thinking). The media theorist Marshall McLuhan proclaimed proximity as a central tenet of new media logics. Information brushes against information, he wrote. Out of that proximity, ideas are formed. Italian theorist Michel Maffesoli framed the network need for proximity as a question of secrecy: we are never really sure why items interact or why we create proximity across networks. What's our motivation? What do we hope to gain?
In the university, we encourage proximity. We ask faculty to develop relationships with students. We ask students to feel a relationship with the university (for retention purposes; so as alumni they will become donors; for networking purposes as each graduating class seeks employment). When we engage with social media, however, proximity sparks fear. Now we are too close. Now we know too much. As soon as we know what others are thinking, we get scared. Or offended. Or outraged.
"Yik Yak Opens Window to College Students' World," an Orlando Sentinel headline reads. The student world is a mystery to most faculty. Students are so close to us in the classroom, yet so far away emotionally, intellectually, or otherwise. How do they study? How do they choose their courses? Why do they major in one subject as opposed to another? How do I get them to take my course? How can we get them to answer their email? Why are they failing? How can we help them?
On a given campus like ours, 30,000 people congregate daily. Some come to campus to live and study; others to just study. Thirty thousand people is a small town. And like all small towns where people are in immediate proximity to one another, gossip, hate, fear, prejudice, and insensitivity exist, often for reasons that are not clear. McLuhan's main point about the global village, the space where media brings information and people into proximity, was that it is not a nice place. The global village, whether enacted on Yik Yak or in a dormitory, can be a pretty difficult place to live in. That difficulty can exist in anonymous posts (aggressive, racist, sexist) or in faculty attitudes toward those with whom they work closely (attitudes expressed publicly in conversation and not in confined platforms like Yik Yak).
Why do we fear, though, talk – albeit digital talk? The hallways on the floor of our campus building are traditionally quiet. There is so little talk. Behind each office door, I assume, a faculty member works, answers email, grades, reads, drinks coffee, daydreams. Some are exasperated with their students. Some are exasperated with their colleagues. Some are exasperated with me, the interim chair of the department.
Our offices, after all, are in proximity to one another. We work closely together. What would a faculty Yik Yak look like on our office floor if all of my colleagues, behind their closed office doors, were typing their thoughts into the platform several times a day? Probably not that much different from what students write.
Faculty typically become outraged at college expression, particularly that which embraces sexuality, alcohol, or disgust with college. Such expression, we are told, is indicative of a morality problem. "How do you solve a problem like Yik Yak?" The Washington Post asked in 2014. "The theoretical appeal of Yik Yak is in two things: total anonymity and close proximity," the Post's Caitlin Dewey notes. She follows that observation with the caveat: "People thumbtacking a notice in a public space are still obligated to follow certain social norms."
While I have only cited the banal on Yik Yak, I have encountered yaks that supposedly fall outside of social norms as well:
"Is 9:30 too early to get drunk by yourself at home on a Thursday night?"
"Ladies. How old are you and how old a guy would you bang on a date?"
"What's your favorite type of porn to get off to?"
"I like to cover myself in Vaseline and slide around on the floor pretending like I'm a slug."
Yik Yak is admission that there is no private without the public. Social media have always been a space that – because of the sense of proximity – feels private, but is, in fact, public. Whether we are discussing Anthony Weiner's embarrassing bathroom selfies, Lucas Oil's Charlotte Lucas' racist tweet, or Cee Lo Green's insensitive tweets about rape, we recognize how quickly private thought is made public. Even former Los Angeles Clippers owner Donald Sterling's private phone conversation becomes a public moment as the recorded discussion is duplicated and circulated to news outlets, blogs, and other sites.
College students are hardly the only people thinking the uncomfortable or the offensive. All around us uncomfortable thought exists. Eighteen- and nineteen-year-olds are not the only people who make private thought public on a whim. We all do. My Facebook feed is proof. The majority of my Facebook friends are, after all, academics. They seldom hold back on their thoughts.
I am a Yik Yak lurker. Between meetings, walking to class, or heading to the parking garage, I might open Yik Yak and follow a string of yaks. I don't upvote or downvote the yaks, but I pay attention to those yaks that earn many votes.
When I lead department meetings as interim chair, I doubt my colleagues are on Yik Yak, but some are posting to Facebook. Some are complaining that the meeting is going on too long. Some are changing their profile pictures. Some are discussing what they will have for lunch. Some are mocking other colleagues at other universities. Those private acts are quickly made public if we are Facebook friends.
At some point, my newsfeed will show me the post. Each post is time-stamped. Because the post is proximate, I will know that the very important point I was making about an upcoming assessment seminar no one will attend likely went unheard. Nobody, though, fears being discovered for posting during a meeting. Among academics, in fact, it is almost expected to complain about department meetings in a public space or a social media platform. Among academics, it is expected that we complain all the time in public spaces. Whether we do so on Yik Yak, Facebook, or Twitter is not important.
Maybe the reason I don't post to Yik Yak is that I fear the potential, public fallout if I do post a yak: "Professor caught on Yik Yak complaining about colleagues' eating habits and preference for fast food," a headline in our local paper might read. We don't expect faculty, that is, to post to Yik Yak because the discursive norm on Yik Yak is assumed to be abnormal behavior. Facebook, for the adults, is an accepted space for academic complaining. Yik Yak, because of popular discussions that exaggerate its utterances, is not.
If I did post to Yik Yak, I am sure that I would express my distaste regarding faculty preference for Chick-fil-A or that someone keeps dumping coffee in the men's urinal on my office floor or that I hate Pink Floyd. But for now, I have Facebook for such posts. Facebook is the accepted norm for a discourse of complaint. And on Facebook, the private has always been public.
Jeff Rice is professor of writing, rhetoric, and digital studies at the University of Kentucky.
"I think this a real gut-check moment for you, Nathan."
His eyes immediately drop to his lap in an apparent effort to do just that, and I feel my shoulders sag. I look over at my colleague, whose eyes meet mine and then roll slightly. Damn. Nathan looks up from his gut check and eyes me quizzically. I quickly adjust.
"What I mean is that this is one of those important moments when you decide if you really want to do something that's difficult." In this case, it was giving up his habit of taking over-the-counter medication in excess. I, of course, had my own habit to give up: my tendency to use figurative language to explain a concept or suggestion or quandary in which my students find themselves.
For most of my career, I have worked with students who, for the most part, traveled with me down the road of abstraction (See? There I go again. Damn). I would sit with them and explain how texting an ex-boyfriend was like "touching a hot stove over and over," or how missing class repeatedly meant they were digging themselves a hole that got deeper by the day, or that seeing a counselor would help them box up those bad memories and stack them neatly on a closet shelf where they could be accessed without fear of being crushed. Not always the most elegant language, but it worked for me, and seemed to work for them.
These days, I find myself in the company of very different students. They live together in a residential and academic support program that was created to help high-functioning autistic students, or students with significant executive function challenges, succeed in college. We provide a level of academic and organizational support that is beyond the capacity of most colleges, and in doing so, allow these often very bright students to take, and pass, classes and ultimately get a college degree and a credential necessary for some of the careers to which they aspire.
They can do many things: solve complex math problems, explain chemistry to anyone who will listen, remember dates of significant world historical events in a manner foreign to most college students who only want to memorize what will be on an exam.
What they can't do very well is understand my metaphors. They are, most of them, literal thinkers.
"Don't throw in the towel yet!" I implore Stephen, who is thinking of quitting a club he has joined.
"What towel?" Damn.
"Don't give up yet. Don't quit. Give it a few more meetings and see if you like it better."
"Oh. O.K."
I never realized just how much I resort to visual metaphors until I couldn't use them anymore. I am like a mechanic without a wrench, a hairstylist without a comb, a ... you see, this is my problem. I don't plan these analogies and similes. It just seems to be how my brain works. I come by it naturally, as my mother was the queen of the cliché, the euphemism, the short-phrase-that-put-all-in-perspective.
"Every cloud has a silver lining." "It's always darkest before the dawn." (Yes, teenagers love hearing those responses to heartbreak). My mother knew every aphorism available to English speakers. A well-phrased maxim was her primary child-rearing tool.
Perhaps she would have diversified her portfolio if she'd given birth to an autistic son rather than a daydreaming poet of a daughter. But she didn't, and now, here I am: in a job where I am often unable to use a tool that has served me so well in my work with students, a linguistic Leatherman, one could say, that I am lost without it (I just did it again, but that was pretty subtle).
"Come on, Robert. Don't let him get your goat," I say, trying to mediate between two students unable to be civil to one another.
"My goat?" asked Robert, suddenly sure that his nemesis was stealing yet another object of his.
"Don't let him..." What? Get the better of you? That's kind of abstract.
Rattle your cage? Ruffle your feathers? Get on your nerves? I settle on, "Don't let him make you angry." The conversation then continues.
My almost-daily moments of realizing my dependence on figurative language, proverbs, metaphors and other abstract notions make me very aware of the challenges my students face in the classroom. So much of teaching involves metaphor, which someone once defined as "using something we know to explain something we don't know."
In the rich scholarship of metaphor and meaning, this is more clearly articulated as two domains. One is the "source" domain, from which we draw the metaphorical expression: "Love is a battlefield"; "Life is a carnival." The source domain is our extant knowledge of a battlefield or a carnival, of things that are concrete, physical. The other domain is the "target" domain, where the metaphor takes us (to an understanding, in these cases, of love and life), to abstract and figurative concepts.
A teacher travels between these domains constantly, and the best teachers take their students there in style. Every academic subject -- literature, physics, computer science -- relies on metaphors for explanation of complex notions. And sometimes these notions become the source domain themselves. We refer to an organization's core value as "being in its DNA," or a deeply held belief as being part of someone's "genetic code."
In their book Metaphors We Live By, authors George Lakoff and Mark Johnson write of the "conceptual metaphor" and its importance in cognition. Metaphors influence not just how we think, but how we feel and act. If, for example, a group of employees is placed into two "teams" and asked to "swing for the fences" toward a goal, they may find themselves in a competitive mindset.
If instead, they are asked to work in groups to build a "house," with different "subcontractors" working toward a common goal, they may approach their work in a more collaborative fashion. A simple comment like, "Hey, we're all in the same boat here" works to inspire a group of people because they instantly, with no effort, flash to the image of themselves in a boat with their co-workers and then quickly grasp what the boss is saying: we're in this work together. Metaphors, and our individual and collective ability to grasp them, hold great persuasive power in our learning and working environments.
So when I imagine my students in a typical classroom, with a talented professor zooming between and among metaphors, I see looks on their faces similar to the ones I've seen when I've said things like, "This is a gut-check moment," or "Give it a whirl": bewilderment followed by defeat.
When everyone in the classroom seems to get what the professor has said except you, it is hard not to be discouraged. Coupled with the cognitive processing speed deficits that are not uncommon among high-functioning autistic students, one can see why their attrition rate is higher than their native intelligence and innate perseverance would predict. I know I'd get frustrated if I were them. It's very likely I would throw in the towel, or raise a white flag, even.
I find that I do recognize that bewildered expression more quickly these days, and so catch myself almost as soon as the maxim, proverb, aphorism or metaphor is out of my mouth, or I at least announce, "I'm going to make a comparison between two things" (explaining a rule or predicting an action is often very helpful to students on the autism spectrum).
I have come to recognize, too, that some of my students do not have this particular deficit, and that some of them are so quick to use a metaphor to describe something that I need a moment to catch up myself. One afternoon, I watched as some students tossed a brand-new rugby ball belonging to one of them, Shane, in the front yard of the house we occupy. An errant toss landed the ball in the street where a truck quickly crushed it. Shane was good-naturedly bummed about his lost ball; when another staff member came outside moments later, he said to her, "Abbie, my firstborn committed suicide."
She looked alarmed, then followed his pointing finger to the street where she saw the flattened carcass of the ball on pavement. "It was my first rugby ball, and now it's gone," he said, in mock despair. "Shane," I observed, "to be accurate, it was actually more of an assisted suicide." He looked at me and for a moment, I thought I had gone one step too far with the metaphor.
"Yeah," he replied, laughing. "But that's O.K., since that's now legal in Vermont."
As more and more students on the autism spectrum arrive in our classrooms, as accommodations allow more students with nonverbal learning disabilities to succeed enough to land on a college campus, our attention to our own language habits must increase. A few years ago, I might have responded to that request with some resistance. This is how I talk. This is who I am.
But now, spending my days in the company of students who have to work incredibly hard to succeed in a traditional academic setting, even with the appropriate accommodations, I know the onus is on me to add another tool to my toolbox. Exercise some new muscles. Step up my game.
Or maybe just ... improve.
Lee Burdette Williams is director of student life and collegiate partnerships at Mansfield Hall, in Burlington, Vt.
Weeks after replacing an Israeli hummus brand that was targeted by students with a pro-Palestinian group, Wesleyan U. decides to bring the brand back to campus.
Wesleyan U. stops selling an Israeli brand of hummus in what students with a pro-Palestine group call a success for their boycott.
Some college centers that serve marginalized sexual or gender identities are officially recognizing another in their names and program offerings.
There are more women than men going to and graduating college, but female students only account for about one-third of student body presidents.
Inside Higher Ed
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To celebrate the upcoming release of Birdemic: Shock and Terror on Blu-ray and DVD, rock band Chamber of Pudd has released a special music video for you guys to shake your asses to! Dig it!
From the Press Release:
Nü Metal mavericks Chamber of Pudd's soul shattering anthem "Birdemic (This is)" has been all over the Internet as part of the trailer for midnight movie sensation BIRDEMIC – SHOCK & TERROR but never available in its entirety… Until now! Due to demand from fans, Severin is making the track available exclusively for a limited time through Severin-Films.com to coincide with the highly anticipated DVD/Blu-ray bow of the film. And to celebrate the release, Severin Films have produced a brand new video for the song featuring BIRDEMIC star Whitney Moore.
Chamber of Pudd hail from Eugene, Oregon, and after lead singer/songwriter King Pudd saw an early copy of James Nguyen's then unknown BIRDEMIC – SHOCK & TERROR in 2009, he was immediately inspired to write a number in tribute to the movie. He says:
"The film really resonated with me. I had a girlfriend who was my world who passed away… she was dead to me anyway… the details are too painful to rehash in my warped mind, but she had a bird. I took the bird after she died. Cared for it. But it was really fucking mean. And scared me. But I could relate with me locked in my cage of rage and that bird locked in a cage in a fucking rage. We were mirror images in a fucked up world."
When Severin Films acquired BIRDEMIC for distribution, a demo of the song was sent to their offices by Pudd. The execs at Severin so loved the track that they licensed it for use in the BIRDEMIC theatrical trailer. Once the trailer went live online, it became an Internet sensation overnight…and Pudd's screaming chorus became synonymous with the berserk bird attack imagery that captured the imaginations of mad movie fans everywhere. As the film played over 50 cities around the world, Severin's inbox became inundated with requests by fans wanting to know where to get the song. Well, now their prayers have been answered.
"My own personal demons are on clear display through this song," says Pudd. "But they are just a reflection of our fucked up society at large." Severin CEO Carl Daft adds, "It wasn't our intention to go into the music business, but the opportunity with this amazing piece of rock was too good to pass up. We're delighted to have Chamber of Pudd in the Severin family, and we think the song will be one for the ages."
Chamber of Pudd is King Pudd (vocals), Twitch Hernandez (lead guitar), WayNe Panik (bass), Ulva (DJ) and Tate Bainian (drums).
BIRDEMIC – SHOCK & TERROR will be available On Demand and released on DVD and Blu-ray, packed with special features, on 2/22/11.
Special Features
Fans can connect with Birdemic on Facebook, follow along on Twitter, and of course visit the official Birdemic: Shock and Terror website.
Chamber of Pudd – Birdemic (This Is) from Severin Films on Vimeo.
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Watson Health - Product Quality Assurance Engineer - Merge
Durham , North Carolina
January 18, 2017
The newly formed IBM Watson Health business unit is now looking for talented individuals destined to usher in the next era of healthcare. We live in a moment of remarkable change and opportunity. The convergence of data and technology is transforming healthcare and life sciences organizations in every way. New roles are being created that never existed before to meet the demands of this transformation.
Merge eClinical, an IBM company, is a leading provider of innovative interoperability and clinical systems that seek to advance healthcare. Merge eClinical offers cloud-based technologies for clinical trials software. We provide end-to-end study support in a single platform, incorporating multiple intelligent health data and analytics solutions. Merge eClinical is helping to reduce costs, improve efficiencies and enhance the quality of healthcare worldwide. Visit merge.com and follow us @MergeHealthcare.
Job Summary:
Working under minimal supervision, the Product Quality Assurance Engineer ensures development and delivery of quality applications in the Merge eClinical division. The Product Quality Assurance Engineer will collaborate with a cross-functional team on story deployment, testing and to determine root cause of defects.
Essential Job Duties:
Work with other team members to define testing requirements for software applications and products
Collaborate with cross-functional team members on story development, from before development starts through final deployment
Be a tenacious driver of adoption for test automation - unit tests, integration tests, functional tests
Perform exploratory testing using industry leading practices
Discover defects/bugs and work with coders and POs to determine root cause and how to prevent similar issues from happening in the future
Work with compliance to ensure that testing efforts are meeting all needs for validation from our clients and the FDA
Pursue a program of individual continuous improvement
Identify and communicates possible improvements to processes
A little about us:
IBM is the world's largest information technology company with more than 360,000 employees serving clients in 170 countries.
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Sindhutai Sapkal: Maharashtra has no funds for orphanages, but attempts to orphan the 'Mother of Orphans'
Vinita Deshmukh
30 June 2016
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Consider the rude joke played on renowned social reformer Sindhutai Sapkal, whose grand family comprises 207 sons-in-law, 36 daughters-in-law and over 1,000 grandchildren – all nurtured by her in her orphanages. Many of them are well-educated lawyers and doctors and some, including her biological daughter, are running their own independent orphanage.
The Government of Maharashtra honours Sindhutai Sapkal with the prestigious
Ahilyabai Holkar Award
, which is given for outstanding work in the field of woman and child welfare. Obviously, the government could not have given it to someone who runs an illegal entity.
The Maharashtra Department of Women and Child Development (WCD), pressures Sapkal to oust orphans residing in her Sanmati Bal Niketan and hand them over to the department to rehabilitate them to government orphanages. Reason? Because Sanmati Bal Niketan is not registered with WCD and hence, is being considered as an illegal entity. This, despite Sapkal running from pillar to post, since 2011, in order to have the institution registered.
if it is illegal, why did the state government give such a prestigious award to Sapkal? Also, to be noted is the fact that, Sapkal has been felicitated by three Presidents of India. So, aptly did she say at a function held by Moneylife Foundation this year on Women's International Day that, "Despite all the awards (750 and more) and travelling across regions and even to the US, I am still a beggar (none of her orphanages receive any grant from the government). Earlier, my singing used to provide me with food. Today, my speeches give us our food. पहले गाना था तो खाना मिलता था, अब भाषण है तो राशन है.''
recently in the WCD committee meeting in Aurangabad, its minister, Pankaja Munde did not take any decision on the financial grant of Rs200 crore, for meals for the 150-odd government orphanages in Maharashtra, due to alleged lack of funds. This has sent nervous signals across orphanages in the state. So, does it have the right to destroy someone's efforts in nurturing orphans by being self-sufficient?
, the State Government has stringent norms regarding the capacity of orphanages. This means that there are thousands of orphans who cannot get admission into them. So, when `Mai' Sapkal has taken up this responsibility with credibility, why has the government woken up now suddenly to destroy her work?
the WCD officials have sent her a notice, because she has not registered with it. Did WCD officials suddenly realise that an individual cannot run an orphanage as that would lead to other individuals asking for the same? Well, the government keeps making 'exceptions' so isn't there a difference between Sapkal knocking at the state government's door since 2011, seeking registration for her orphanage and some other Tom, Dick or Harry asking for the same?
is the Women's and Child Department of Maharashtra Government, under its minister, Pankaja Munde, so insensitive and callous that it is so disrespectful to one of the stalwart social reformers of our times, so as to treat her as a criminal, for no fault of hers but for its own criminal negligence in not attending to her plea for registration of her orphanage?
Vijay Kumbhar, noted Right to Information (RTI) activist and one who has closely studied the issue of orphanages in Maharashtra, says, "What right does the state government have to treat a respectful social reformer like Sindhutai in such a humiliating manner, when it cannot grant even Rs200 crore to serve food to orphans in its own 150 orphanages? There have been various instances when 'special' status has been granted. Isn't Sindhutai's work revolutionary enough to grant her not only recognition but financial aid as well? It is unfortunate that the Department for Women and Child has always had insensitive ministers and officials. It is a real tragedy and a shame on the present government."
Sindhutai's story is one of incredible grit and determination to fight adversity. At the age of 20, when she was nine months pregnant, she was kicked, beaten and left to die in a cowshed. Her daughter was born in that semi-conscious stage and she cut the umbilical cord herself and went away with her daughter to try and stay alive. The beauty of Sindhutai Sapkal's life story is that she went on to build multiple orphanages and nurture over 1,000 children and give shelter to innumerable women, who are destitute and abandoned.
At the Moneylife Foundation function in Pune, Sindhutai also shared her experience of giving up her own daughter to an orphanage so that she could remain fair to all the other orphans she adopted over the years. What is clear in her talk is her indomitable spirit, extraordinary courage and high intelligence, combined with street-smartness.
"I have experienced what it feels like to have no one with you, no place to go, no shelter and no food to eat for days. My small work makes me feel like someone is helping me heal my own wounds. So all wounds heal with time, but you must live, stay alive for others" she had said.
Stung by this move by the WCD, Vinay Sapkal, who has been with Mai since he was two months old and now manages all her work, pens down the pain caused to them, due to the insensitivity of the state government. He writes:
"The real tragedy is that when a person, following a certain principle, powered by immense confidence and grit, creates a world for orphans; takes utmost care of them, nourishing them by continuously asking for alms; that motherly figure is (leave alone being given a government grant) being denied recognition, by the government.
Mrs Sindhutai Sapkal (Mai), who, today, is known as mother to thousands of children, is being pressurised to admit the children in her institution into the government orphanages. This action is being taken by the Ministry of Women and Child Development, which is supposed to ensure care and protection of children. The sole reason being, the institution doesn't have the official recognition.
Our Mai is tired of sending proposals to this department to get recognition since last five years, i.e., year 2011. The government, that is, the officers and members of the department of women and child development, have constantly denied us recognition, under one pretext or the other, referring to irrelevant points as mistakes in an unreasonable manner.
It means the government, in the first place, is making all excuses to issue recognition to the institution, and to top it, gravely humiliating Mai by behaving in such a manner. It is really unfortunate that Mai, who was honoured, felicitated and awarded by three Presidents of India, should be treated thus.
It is an unpalatable fact that the lady who in the last 40 years wandered from village to village, appealed for donations through speeches till her throat was parched, asked for alms to let live, raise and help thousands of orphans stand on their own feet, is being reprimanded severely by the government.
Today, there are thousands of
in Maharashtra, some are recognised, and some are not. If any institution does not fit into the rules and regulations pertaining to the running of institutions, then it may be denied recognition. But, why harass those institutions which provide all the facilities and education to the children, and work in a selfless manner? Looking at all the facilities, food provided to the children, at Mai's four-storey building at Manjari, it should have got the grant without any hitch.
Considering the future of the children, Mai has built such a grand building, raising money through asking for alms. Still, since 2011, it hasn't received the grant despite it being close to essentials such as school and college and so on. Just the other day, there was a news story in a daily about two officers of the women and child development department getting arrested by the Anti-Corruption Bureau. What does it mean for the ordinary citizens and those who are doing good work? And to top it, there are threats by them that they will take away the children. Therefore, if the top officials in the government look into this matter and treat those who are doing good work for the community with due respect, the respect for the government amongst the people will definitely increase.
— Vinay Sindhutai Sapkal"
Some of the many awards received by Mai Sindhutai Sapkal
• 2015 - Ahmadiyya Muslim Peace Prize for the year 2014
• 2014 -
-2014,Awarded from Basava Seva Sangh Pune.
• 2013 - Mother Teresa Awards for Social Justice.
• 2013 -
The National Award for Iconic Mother
---- (first recipient)
• 2012 -
Real Heroes Awards
, given by CNN-IBN and Reliance Foundation.
• 2012 -
COEP Gaurav Purskar
, given by College of Engineering, Pune.
• 2010 -
Ahilyabai Holkar Award,
given by the Government of Maharashtra to social workers in the field of woman and child welfare
• 2008 -
Woman of the Year Award
, given by daily Marathi newspaper Loksatta
• 1996 -
Dattak Mata Purskar
,Given by Non-Profit Organization – By Sunita Kalaniketan Trust (In the memories of – Late Sunita Trimbak Kulkarni ), Tal – Shrirampur Dist Ahmednagar. Maharashtra Pune.
• 1992 -
Leading Social Contributor Award.
Sahyadri Hirkani Award
(Marathi: सह्याद्रीची हिरकणी पुरस्कार)
Rajai Award
(Marathi: राजाई पुरस्कार)
Shivlila Mahila Gourav Award
(Marathi: शिवलीला महिला गौरव पुरस्कार)
• The 2010 Marathi film
Mee Sindhutai Sapkal
by Anant Mahadevan is a bio-pic inspired by the true story of Sindhutai Sapkal. The film was selected for world premiere at the 54th London Film Festival.[11]
You may want to read
How Sindhutai converted every adversity into an achievement
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Geeta Mehta
1 year ago
Such dedicated people are soo rare, to make things difficult is v upsetting. ..
Vaishali Sawant
1 year ago
I have signed the petition too.
Silloo Marker
1 year ago
The above story about the ill-treatment meted out to Sindhutai Sakpal, is really disgusting. It shows the crab mentality of officials who will do their best to pull down anyone rising after great efforts and doing something without any official help. This lady needs the help of the media to show the disrespect shown by Pankaja Munde to a person well known for the good that she has done to so many orphans. It's only bad press which puts pressure on any government body to act more responsibly. Moneylife may consider helping out by organising a press meeting.
Prasad Nageshkar
1 year ago
I have signed the petition and have high admiration for Sindhu tai . However was it necessary to start the petition with Devendra Fadnavis' name ?
Jyoti Dua
1 year ago
This matter must be reported on the blog of CM Maharashtra and PM Shri Modi. It is clearly a case of harassment to secure favours. The case may also be taken up through a reputed MP.
Sucheta Dalal
1 year ago
Folks... this is probably a better link. I am told the earlier one did not work:
Sucheta Dalal
1 year ago
Friends. Please sign my change.org petition on this issue and support Sindhutai Sapkal!
Shyamsunder Nambiar
In Reply to Sucheta Dalal
1 year ago
Besides the change.org petition would a PIL help to stop this harassment and disrespect to a divine soul Sindhutai and the innocent children ? I agree we need to appeal to PM Modi as well.
Om Prakash Arora
1 year ago
We salute the noble deeds of Sindhutai.It is few people like her that restore our faith in humanity. State Govt must take proactive measures to register her orphanage Sanmati Bal Niketan at the earliest.
We appeal to Ms Munde to do the act which is expected of her.This will not only make the condition of inmates of orphanage better but also their future as well because without recognition the inmates are not eligible for adoption as per the CARA rules 2015.
We need to appeal to PM also.
Ganesh Iyer
In Reply to Om Prakash Arora
1 year ago
Maharashtra is for money no sympathy no mercy otherwise who would behave this way. Maharashtra Nav Nirman Sena used Sindhutai's photo for elections as a great maharashtrian but did not contribute to her cause. MNS also monitored all Toll nakas in mumbai n later settled down allegedly for a secret price. Sympathy is dead here so also law. Many poor lost their lands to criminals, politicians and gangsters what happened they perished with No Justice. If anyone wants to see the real ashramshala at Chikale village, Panvel one can learn the actual quality of maharashtra govt. Gujarathis do build lots of charitable institutions maharashtrians have not learnt that way. Sindhutais children are enough to teach those opposing her a good lesson. Its more shameful that no action is initiated in the Rs 400 crores chikki n biscuit scam, scandal of Pankaja Munde.
Vaishali Sawant
1 year ago
Very correct write a mail to mr. Modi immediately and let him know the concerns. believe it will get permanently sorted. Also mention that anyways the government is not helping the organisation then at least don't harras them.
p t suresh
1 year ago
She should write to the PM of India stating all the facts and pointing out who were all those in the Government to whom she had discussions and also written. Disclose full details and see what happens.
suneel kumar gupta
1 year ago
I always feel that govt. dept gets Scot free and accused are prosecuted. I believe that in this all the concerned govt. machinery from 2010 to date should be prosecuted for dereliction of duty for not doing anything for such a long time. Let them come & explain.
Parimal Shah
1 year ago
Mr Phadke
Are you listening?
Tell govt officers and babus to be sensitive and use law with some common sense instead of harassing people who are actually doing what your government should be doing, and in so doing, helping you to reduce your burden. Be human and behave like one, not like insensitive robot.
Parimal Shah
1 year ago
Mr Phadke
Are you listening?
Tell govt officers and babus to be sensitive and use law with some common sense instead of harassing people who are actually doing what your government should be doing, and in so doing, helping you to reduce your burden. Be human and behave like one, not like insensitive robot.
P L Despande pawar
1 year ago
Horrible is the word to describe the plight of Sindhutai.This is an appropriate case for Hon'ble High Court to take a suo motto notice of the plight of Sindhutai & do justice yo her.
Mahesh S Bhatt
1 year ago
Jiska Raja Vyapari uski Praja Bhikari.Aur yeh Raja to anath ko bhi nahi chodta.Om Shanti Mahesh
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Economy & Nation
11 states to feel the pinch of UDAY scheme
Moneylife Digital Team
30 June 2016
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The Ujwal Discom Assurance Yojana (UDAY) launched by the union government is unlikely to have a destabilising effect on fiscal consolidation at an aggregate level, says India Ratings and Research (Ind-Ra). However, some of the states, that have joined the scheme and a few, which have been incurring high distribution losses, but have not joined in, will feel the pinch, the ratings agency added.
Ind-Ra says its estimate shows that the aggregate fiscal deficit of states at 3.2% of gross domestic product (GDP) in FY17 is expected to be marginally better than the 3.4% recorded in FY16 (revised estimates (RE)). The aggregate impact of UDAY on the fiscal deficits of the 13 states that have joined UDAY till-date will be 0.47% of the gross domestic product (GDP) in FY17.
"However, state finances of select states namely Andhra Pradesh, Haryana, Jharkhand, Punjab, Rajasthan and Uttar Pradesh will come under pressure. Five states incurring high distribution losses that have yet not joined the UDAY scheme are Telangana, Madhya Pradesh, Maharashtra, Tamil Nadu and West Bengal. Our analysis shows that once they do, state finances of even Telangana, Madhya Pradesh and Tamil Nadu will come under stress," it added.
Ind-Ra notes that despite marginally better fiscal performance, states at the aggregate level are likely to miss the fiscal deficit target of 2.8% of GDP in FY17 by a wide margin. Similarly, despite showing an improvement over FY16 (RE), the combined revenue account of the states will miss the budgetary target of FY17. However, the ratings agency does not foresee any risk to the aggregate debt sustainability of the states in the medium term.
The ratings agency says, only 12 out of 23 states will be able to take the advantage of the window for additional borrowings in FY17 provided by the 14th Finance Commission (14FC). Among these 12 states, two fulfilled the criterion of interest and revenues being below 10% in the preceding year, four fulfilled the criterion of debt and state's gross domestic product (GSDP) less than 25% in the preceding year and six states fulfilled both these criteria in the preceding year. Thus, the states that fulfilled only one criterion became eligible for an additional borrowing of 0.25% of GSDP and the states that fulfilled both criteria became eligible for an additional borrowing of 0.50% of GSDP over and above the annual limit of 3.0% of GSDP.
The aggregate capex of state governments (FY16: 10.64% of GDP) is nearly double the capex of the central government (FY16: 5.41%).
Ind-Ra, however, says that it believes that the capex of state and central governments together can play only a limited role in reviving the capex cycle as an overwhelming proportion of the total capex (FY16: 83.96% of GSDP) in the economy comes from the private sector, including central and state public sector undertakings and households.
Aggregate capital expenditure by states in FY16 grew 50.5% compared to 20.9% by the central government. In fact, growth in the aggregate capital expenditure of states has been consistently higher than the central government's since 1990s and the actual aggregate capital expenditure of the states has been higher than the capital expenditure of the central government since FY06, the ratings agency said.
Ind-Ra says it believes that the impact of the pay revision of state government employees, in line with the recommendations of the Seventh Central Pay Commission, will be felt only in FY18. Estimates from the ratings agency show that the likely impact of the recommendations of the Seventh Central Pay Commission on state government finances will be Rs1.58 lakh crore in FY18 (0.95% of GDP).
UDAY, Bond Market and Operational Improvement Plan
The bond market was nervous on the supply of state bonds of such high magnitude and apprehensions were raised that it would push up bond yields at the time of issuance of UDAY bonds. However, after a clarification by RBI that these will be off-market transactions and privately placed, issuance of UDAY bonds did not affect the bond market much. Initially, these bonds were allocated only to the banks who had lent money to distribution companies (discoms). However, now other investors such as mutual funds, insurance companies etc., are also investing in these bonds.
Operational improvement under UDAY is hypothesised to be achieved mainly by efficiency improvement, especially by a reduction in AT&C loss (Annexe B). As proposed tariff hikes are limited, a major challenge will be to reduce AT&C losses to 15% by FY20. Gujarat discoms already have AT&C losses below 15% of net input energy (FY15: 14.64%). Ind-Ra opines in view the amount of AT&C losses it will not be very difficult for Punjab (FY15: 16.66%) and Uttarakhand (FY15: 18.64%) discoms to achieve the AT&C loss reduction target. However, it will be difficult for the discoms of Jammu and Kashmir (the state still has a power department - FY15: 61.30%), Uttar Pradesh (34.22%), north Bihar (41.76%), south Bihar (45.53%), Jharkhand (39.87%), Haryana (29.58%), Ajmer (26.80%), Jaipur (32.00%) and Jodhpur (25.00%) to reduce AT&C losses to 15% by FY20.
The operational improvement plan of the three new states joining UDAY in FY17 (Andhra Pradesh, Goa and Karnataka) is not available. However, based on the AT&C loss for the latest available year, it appears AT&C loss reduction to 15% by FY20 will not be a challenge for Andhra Pradesh (FY16: 10.29%) and Goa (FY14: 10.72%), however, it will be difficult for Karnataka (FY14: 22.02%).
Source: Ministry of Power
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Public Interest
Landlords Must Lord it Over their Properties
Bapoo Malcolm
30 June 2016
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The rights and duties of a landlord were the subject of a recent conference. One of the owners discussed the probability of leasing out his property in a building. In his rush for earning a goodly sum, he insisted that he could not be held liable for any activities that his lessee indulged in. Most of the conferees agreed with him. This author did not.
As with all idioms, parables and sayings, each one has an equal and opposite version. Equally emphatic. Is not a man's home his castle? Can he not do whatever he likes with it? Including that final and supreme right of ownership; destruction?
On the other hand, can the castle owner, by his actions, blithely disturb the peace of others? Especially that of his neighbours'? A right, in conflict with a duty, becomes the topic of the day.
In a classic case, Lawrence vs Coventry, the Supreme Court in the UK held that, to be liable for a nuisance committed by its tenant, a landlord a) must have authorised the nuisance through active involvement, or b) while knowing of the probability of a nuisance (being caused).
The howling dog and the abusive licensee, in Cocking vs Eacott, is a more recent case. It, too, was judged in England, in appeal. It decided whether a licensor was liable for a nuisance committed by her daughter, a licensee. Especially when the mother was put on notice.
You be the judge.
Would you hold either owner responsible, or not? Also, ask what would make the difference; knowledge, complaints or reasonable doubt, or the lack of these.
In both judgements, the courts were clear on one thing. Nuisance must be stopped. Liability rests with the nuisance creator, for sure. But it also rests with the owner, if he has knowledge of the nuisance, if he should have foreseen the possibility, or if he were actively involved. In other words, it is the owner's vicarious responsibility to ensure civil and legal use of his property. If a man's home is his castle, so is the neighbour's home the latter's castle.
Much as it may disturb many readers who feel that they are entitled to income from their property, no matter what, no man is an island. Each of us owes a duty, and a duty of care, to others in society. Therefore, liability may arise out of connivance, encouragement, by consideration, misplaced ideology, Nelson's eye, negligence, carelessness, spite, aiding, abetting or any other excuse. But the sins of the tenant must visit upon the owner and pay he must, if possible with the former in tow.
The simple test for this would be thus. Primary responsibility lies with the person whose name appears on the 7/12 extract or any other title paper.
Could this apply to cooperative housing societies (CHSs)? Would the management be a party to the suit? In our opinion, yes. No matter what one means by 'ownership flat', the property belongs to the CHS. The members are shareholders, enjoying the fruits thereof. It is then the CHS's duty to maintain peace and harmony, deter and stop illegal activities, and hold the 'owner' of the flat to answer.
One could well ask why it is so. Take a case in a state that bans liquor. A secluded house may make a nice speakeasy. The owner lets it out. Good returns; therefore, he asks no questions. Even if he did inquire, he may pretend not to know. The place is raided. As is common, the bootlegger escapes. What are the authorities supposed to do? Close the case? Say that the occupants could not be apprehended? The same story every time? We come back to our favourite maxim; 'If there is a malady, there has to be a remedy'. The law was broken; so all, including the owner, have to pay.
The case laws on nuisance form an interesting body of judgements in what is called 'The Law on Torts'. It was finely developed in the UK, over generations and now the American lawyers have made it into their own Las Vegas. India is catching up and rightfully so. So, if you own property, remember that with great ownership comes greater responsibility.
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Ralph Rau
1 year ago
It is unfortunate though that we have this new Nationalist government which makes the Hindutva racial supremacy its official hallmark. Hindus, Buddhists, Muslims, Christians, Sikhs - we are all plagued by same HUMAN frailties - hunger, jealousy, greed, lust, fear of death.
We have so much in common, other than a tribal belief that we are racially or religiously superior.
Its a survival instinct where we live in growing circles of selfishness. Look after yourself first, then your family, then your community-state-country...in that order.
1 year ago
The mute point is not the law of the land but the people born and brought up over there ! One thing that strikes me when I holiday abroad is the inherent respect for and adherence to it that the westerners have ! We "Bharatwasi" have to learn a lot from them. Even the most educated as well as rich "Bharatiyas" take pride in flouting the laws in India that is Bharat !
Bapoo Malcolm
In Reply to PRAKASH D. BASRUR
1 year ago
Am sure you must have heard of our "Sanskruti". How we are born and put on this earth just to teach morals and morality to the rest of humanity. We, the chosen people, selected to point fingers at others, denounce everything 'forin', tell the world how we invented the aeroplane; initiated plastic surgery, in fact everything that the other countries wrongly take credit for. We do not break laws, all laws. We are individual saints, displaying our democratic independence, where lying is no longer an art form. It is our way of life. Haven't you heard of our "Sanskruti"?
Ralph Rau
In Reply to Bapoo Malcolm
1 year ago
But Mr Malcolm we all have our deficiencies. Of course it is not ideal that our homes are clean while our streets are filthy.
At a deeper level we have our prejudices against our fellow man as evidenced by the caste system. But the most powerful democracy has extreme racism against Blacks and now thanks to Trump, against Latinos.
Our slums are a good indication of our Sanskruti. In the midst of extreme poverty. They experience such low levels of crime compared to equivalent slums in Johannesburg, Rio De Janeiro or "inner-city" areas in the USofA. Thank goodness for gun-control.
We do need to figure out how to end the endemic monetary (if not moral) corruption at all levels starting from the lowest level clerk and lowest level policeman. The minimum salary of Rs 18000 per latest pay commission is a hopeful start.
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text:
reliancenoun [ U ]uk /rɪˈlaɪ.əns/ us /rɪˈlaɪ.əns/
Thesaurus: sinónimos y palabras relacionadas
- (you can) depend on/upon it idiom
- accept/take sth on faith idiom
- bank
- bank on sb/sth
- believe
- believe in sb
- count
- distrust
- faith
- have faith! idiom
- I wouldn't trust sb as far as I could throw them idiom
- keep faith with sth/sb idiom
- lean
- put/place your faith in sth/sb idiom
- rely on/upon sb/sth
- repose
- repose trust/confidence/hope in sb/sth idiom
- trust
- trustable
- turn
adjective uk /rɪˈlaɪ.ənt/ us /rɪˈlaɪ.ənt/
He's completely reliant on his wheelchair to get about.
See also


text:
The government's apparently reluctant surrender to the European Court of Human Rights on the issue of voting rights for prisoners has led to the usual unhelpful debate. Most noticeable has been the tangling together of two quite separate issues - whether or not giving votes to prisoners is a Good Thing, and whether or not the European Court of Human Rights (not, in this instance, the EU) has or should have the jurisdiction to impose its view on a supposedly sovereign Parliament. As is often the case, how one answers the first question tends to influence one's view of the latter; but they really are entirely distinct.
As it happens, I think it is perfectly reasonable in principle that the punishment of imprisonment should be accompanied by the loss of voting rights. It can be argued that allowing prisoners to vote would have pragmatic advantages - for example, helping to keep the incarcerated in touch with normal civil society, or giving inmates an opportunity to influence the policies of the government, which directly impact on their lives inside jail. I don't agree: for me, the inability to vote reminds prisoners of their debt to society and reminds the rest of the citizenry that the vote is something to be cherished; something bound up with being free. In any case, the deprivation is far less onerous than the deprivation of liberty.
It's an argument worth having. The trouble, here, is that we are not being allowed to decide this question for ourselves, through normal democratic processes. Instead, an international court, sitting in another country, has taken it upon itself to oversee the constitutional settlement of a sovereign state. Yet there's nothing in the wording of the Convention - which is concerned with individual human rights, not the technicalities of electoral systems - that implies any such right in the Court. Its decision here represents an obvious instance of juridical empire building.
A Parliament that has any pretensions to sovereignty ought, at the very least, to be able to decide its own composition, and the nature and extent of the franchise that elects it. It has been depressing to watch ministers, including David Cameron himself, wring their hands, express distaste and lament their inability to act. Do they really have no option but to implement the ECHR judgement? David Allen Green thinks that this may be a case of the Coalition government making illiberal noises to disguise a liberal policy change. In support of this, he claims that the government could choose to derogate from the European Convention on this issue. Unfortunately it's not so simple. Under Section 15, derogation from specific articles or stipulations is only allowed on grounds of an "emergency affecting the life of the nation" - a justification invoked by the last government when passing some of its anti-terror laws. The only way to break this particular article would be to ditch the Convention (and the Human Rights Act) altogether, a drastic step that, post-Lisbon, would also entail detaching ourselves from the European Union. Of course, there are many who would like nothing better. But that would be a drastic step to take merely to exclude serving convicts from the electoral process.
I've been reading, and scratching my head over, the 2005 judgement that caused all the trouble, Hirst v UK. (Hirst being the unpleasant and seemingly unrepentant killer whose champagne celebration of the announcement has turned many stomachs over the last couple of days.) I haven't been impressed. It strikes me, as it struck the several dissenting judges, as fundamentally flawed (or, to use DAG's favourite word, "misconceived"). The reasoning within it is embarrassingly bad. That's slim comfort to the government, though, or to the many members of the public who disagree with the jailbird franchise. The decision stands, however illogical it may be. The court may have exceeded any reasonable definition of its powers, but since it is the ultimate authority as to what its powers are, there is nothing that can overrule it (short of an amendment to the Convention itself, agreed by all 47 signatory nations - as Charon QC pointed out in a Tweet). The government could refuse to abide by the ruling, refuse to amend the law or pay any compensation that may be awarded in future to voteless convicts. But that would be bad for the rule of law, to which British governments have always paid great lip-service.
Or they could look for a loophole. I think I've found one.
First the bad reasoning. As the dissenting judges point out, the peculiarity of the provision being contested (Section 3 Protocol 1 of the Convention) is that it does not, unlike the rest of the Convention, confer individual rights. It does not say, as it might have done, that "Citizens shall have the right to vote unless legitimately deprived by a court of law", or anything of the kind. It merely says that there shall be free elections, by secret ballot, to enable the expression of "the opinion of the people in the choice of the legislature". It does not specify, nor attempt to specify, who shall be given the vote. Logically, if prisoners are to be included in "the people", why should legally resident aliens be excluded? Or children? Or, indeed, members of the House of Lords, who also don't get to vote in elections to the House of Commons? A sixteen year old in work and paying taxes - admittedly a rarer creature than used to be the case - has a greater part in civil society than a prisoner serving life.
The ECHR claims that the exclusion of prisoners en masse is "arbitrary". But it is less arbitrary than the exclusion of children, who may well be intelligent and politically engaged, or contributing financially to the state; and it is less arbitrary than the exclusion of resident non-citizens, who may have lived and paid taxes in the country for decades. It is not in fact arbitrary at all, because it is part of the punishment. Prisoners are not simply deprived of their liberty; they are also deprived, for the duration, of many of the rights and responsibilities of citizenship.
Imagine if it were the other way around, and the usual punishment for a serious crime was to be stripped of voting rights rather than being imprisoned. Would the ECHR dare to overrule that? Probably not, because the penalty would be imposed individually on each miscreant, just as driving bans are imposed individually on everyone convicted of certain categories of offence. Indeed - though the judgement specifically declines to spell out how such a rule would operate in practice - it is suggested that in future a voting ban might be imposed on certain categories of offender, such as those serving life. This, though, would be as arbitrary as a general ban on all prisoners. Instead of the class of all prisoners losing the franchise, it would be the class of all murderers.
This offers a clue as to the problem with the court's reasoning. It seems to have held that a convicted prisoner serving time belongs to an arbitrarily defined group. But he or she doesn't. Rather, a prisoner is a person labouring under legal disabilities - most obviously, deprivation of liberty - as a result of his or her own actions. And, crucially, the state's right to impose these disabilities is accepted on all sides. The ECHR appears to hold that the state may impose one kind of penalty (deprivation of liberty for a defined term) but may not impose another (deprivation of voting rights for a concurrent term) which most people would consider a lesser burden. This is utterly illogical. Their mistake is to imagine that the punishment of incarceration is limited to deprivation of liberty. In fact, deprivation of liberty is only the most obvious of several consequences of being sentenced to imprisonment. There is also (in many cases) loss of conjugal rights, loss of the right to earn a living, subjection to the orders of prison officers. Such deprivations breach rights enshrined in the Convention far more obviously than the loss of a "right to vote" that is not part of the Convention at all.
One possible get-out might be to redefine imprisonment so as to specifically include deprivation of voting rights, so that loss of franchise would become an explicit element in every custodial sentence. But I doubt this would work. I have a better suggestion. The crucial Section 79 of the judgement reads as follows:
As to the weight to be attached to the position adopted by the legislature and judiciary in the United Kingdom, there is no evidence that Parliament has ever sought to weigh the competing interests or to assess the proportionality of a blanket ban on the right of a convicted prisoner to vote. It is true that the question was considered by the multi-party Speaker's Conference on Electoral Law in 1968 which unanimously recommended that a convicted prisoner should not be entitled to vote. It is also true that the working party which recommended the amendment to the law to allow unconvicted prisoners to vote recorded that successive governments had taken the view that convicted prisoners had lost the moral authority to vote and did not therefore argue for a change in the legislation. It may be said that, by voting the way they did to exempt unconvicted prisoners from the restriction on voting, Parliament implicitly affirmed the need for continued restrictions on the voting rights of convicted prisoners. Nonetheless, it cannot be said that there was any substantive debate by members of the legislature on the continued justification in light of modern-day penal policy and of current human rights standards for maintaining such a general restriction on the right of prisoners to vote.
The court appears to rely on this Parliamentary history when awarding itself the right to settle the question. In other words, it sees the expression of the will of Parliament as a highly relevant consideration. This being the case, it's a little strange that it should take so little heed of clear precedents. As the Minority noted, during the debate in 2000 on allowing remand prisoners to vote "had a majority of the members of Parliament disagreed with this opinion, it would have been open to them to decide otherwise."
Indeed. But the Majority's scepticism about whether or not there was a proper debate is not really the issue. What matters is that the ECHR stresses this perceived deficiency as one of the main justifications for its decision. If Parliament debated the issue in a manner that would satisfy the ECHR's definition of "substantive debate... in the light of modern-day penal policy" - followed, perhaps, by a free vote - then the ECHR would be deprived on an argument that it seems to find crucial. At the very least, the government would be able to claim that it had satisfied the requirements of the court.
David Cameron claims that the government has looked at the question "from every legal angle" and concluded that it has no room for manoeuvre. But I can't believe that they haven't considered the possibility of specific legislation along the lines adumbrated in the ECHR's own decision. Either they have been very badly advised, or Mr Green is right and ministers secretly want to give the vote to serving prisoners. It's hard to believe. But then so are increasingly many of this government's decisions.
Thursday, 4 November 2010
Votes for Prisoners - A possible loophole?
The government's apparently reluctant surrender to the European Court of Human Rights on the issue of voting rights for prisoners has led to the usual unhelpful debate. Most noticeable has been the tangling together of two quite separate issues - whether or not giving votes to prisoners is a Good Thing, and whether or not the European Court of Human Rights (not, in this instance, the EU) has or should have the jurisdiction to impose its view on a supposedly sovereign Parliament. As is often the case, how one answers the first question tends to influence one's view of the latter; but they really are entirely distinct.
Posted by Heresiarch at 4:15 pm


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Floyd "Private Pyle" Corkins has plead not guilty in his attempted murder spree:
A Virginia man accused of shooting a security guard at a conservative lobbying group because he didn't like the group's politics pleaded not guilty during a court hearing Friday.
Twenty-eight-year-old Floyd Lee Corkins is facing an assault charge and two handgun charges that carry the possibility of decades in prison.
He also waived his right to a detention hearing, so he will be detained at least until his next hearing on Oct. 1.
It is hard to believe that a man that carried in so much ammunition with him, and which had two separate known organizations targeted for murder for their political beliefs and their support of a Christian-owned family restaurant, is not being charged with domestic terrorism or anti-Christian hate crimes.
Is there any doubt at all he would have faced such charges if he had attacked a mosque, CAIR, or leftwing outfits like Media Matters or the Tides Foundation?
This is a selective non-prosecution by the Obama Department of Justice, where left wing criminals simply are not prosecuted.


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What do you get when you cross Simpsons with Akira? A wish they'd make the full movie, that's what. [via Vimeo]Read more →
Figured today could start off a little more light-hearted. From the humans behind Despicable Me comes a new movie all about what our pets do while we're away. It looks like they got quite a bit of it right...Read more →
First, Janitor from Scrubs predicted that we would find Bin Laden in Pakistan. Then, Family Guy re-aired an episode depicting a failed suicide attempt by Robin Williams just minutes before the news...Read more →
I'm more of a coffee person, but these cartoon tea bags made by Big Nerd Wolf are awesome. (more…)Read more →
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A spokesman for Dr. Waksal confirmed that no pretrial motions had been filed by Friday and that no extension had been requested, but he declined to comment further.Continue reading the main story


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Studio Apartments in School District 103 prove to be a good idea for many renters. These apartments have a compact design that makes their maintenance and cleaning easy. However, these apartments also come with some challenges for the renters. When you live in studio apartments, it needs a bit more attention on your part as compared to the normal apartments, particularly, when you're spending lots of your time outside due to school or job. Several steps can be taken by the studio residents to make the best use of space they have.
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