Human Resource Management Chinese Restaurant

Human Resource Management Chinese Restaurant The people aspects comprise an integral element when setting up a new business. The component relate to the decisions and considerations on what kind of a workforce would be appropriate for a particular kind of business, where it should be sought from and how it should be hired. Cognisant of the centrality of staff to the success of a business therefore, it would be important for Vivienne and her brothers who intend to set up a Chinese restaurant in Newcastle to cautiously approach the people aspects of their business otherwise they would be risking failure of the restaurant. Based on the key facts presented in the scenario, this paper seeks to explore the steps that Vivienne and her partners ought to follow in recruiting staff for the restaurant, where they should attract the desired employees from, how they should design the jobs at the restaurant and the legal considerations they should take into account. Key facts in the scenario The trio, Vivienne, Walter and Stephen have agreed on the type of restaurant they intend to set up; in essence, a Chinese restaurant with excellent seafood as its specialty and that incorporates Hong Kong style dumplings and yum cha. Another key issue is that the trio want the restaurant to be renowned for professional service; a milestone which they seek to achieve by attracting and recruiting members of staff who are efficient, knowledgeable and friendly. The trio is also interested in staff members who will be a little bit hip so as to draw youthful patrons and also attract families. It is also discernible that the trio intends to create a restaurant that will offer great value for money to the targeted clientele by the virtue of providing great service and great food. Another fact is that the business would need decor preferably Chinese for it to effectively bring out the desired Chinese restaurant image. This would however not be complete without being complemented by hiring of a vibrant team of young and female Chinese wait staff. Another relevant piece of information is Viviennes pertinent educational background in hospitality and human resource management as well as her brothers knowhow in accounting and law, knowledge that will be handy in not only addressing the people aspects of the investment but also the related legal and financial issues. Viviennes interest in cooking and diverse knowledge in recipes and food will also be useful in helping identify and recruit the most suitable and qualified chef for the restaurant. Steps that Vivienne and her brothers should take to successfully fill the jobs in their new restaurant The first step that they should take is competency profiling. The step would entail an analysis and determination of specific competencies including knowledge, attitudes, behaviours and skills that the staff for their new restaurant should possess for them to be effective in service delivery (Morrissey, Compton, Nankervis, 2014). These may include openness to customer input or suggestions, training in food safety, friendly and patient, excellent people skills, functional familiarity with ordering information systems and the cash register, excellent planning and customer-oriented skills, good interpersonal skills with both customers and colleagues, proven hands-on experience, hands-on problem solving skills, youthful and in excellent physical condition. Having identified the requisite competencies, the next step should be attraction of the desired employees based on the identified competencies. The recruitment process should take the form of job adverts encouraging individuals of Chinese descent who possess the requisite qualifications to apply for employment in large numbers at the restaurant. The next step should entail initial screening of the applications received and final selection of the most qualified persons for the wait staff, server and chef positions. It is however imperative that the recruitment, screening and selection processes are undertaken systematically and relevant aptitude, attainment and ability tests applied to eliminate bias and ensure only candidates who are suitable are hired to fill the available positions (Nankervis, Baird, Shields, Coffey, 2017). It is also crucial that the final selection process if varied based on the specific position being filled to ensure the pertinent requirements particular to th e job are thoroughly addressed (Nankervis et al, 2017). Where the employees should be sourced from The employees for the new Chinese restaurant should be sourced from China Town. By targeting this locality, the trio would be able to attract the most appropriate passionate young and female Chinese staff for the job. Their parents expansive network in the expansive Chinese hospitality community in Sydney would also be integral in helping tap into the rich human resource at the disposal of the community. The trio should also seek to attract and recruit from the Chinese community living in and around the Newcastle neighbourhood. This would be important in that it would help give the restaurant a more local feel to the target clientele living in the region thus lessening the likelihood of the establishment being viewed as foreign and out of touch with the tastes and preference of both the overseas students and the Chinese people living in the town. By targeting these localities as the source of employees, the new restaurant will be assured of staffs that are familiar with the intricacies of the local Chinese hospitality industry. This will enable the restaurant to run its operation in manner that enables it to compete effectively with other rival establishments. The course will also ensure recruitment of individuals who are familiar with the various menu options of Chinese restaurants thus guaranteeing the ability of the staff to present an array of menu alternatives the customers. Recruiting from the Australian Chinese community will also have the unique advantage of providing access to employees who are conversant with both the English and Chinese dialects which will augment the ability of the staff to establish relationships with customers, take orders, advice on best drink and food options as well as respond to and effectively address customer queries. Legal concerns worth considering When recruiting employees for the new Chinese restaurant the most outstanding legal issue that should be put into consideration relates to discrimination (Morrissey, Compton, Nankervis, 2014). The fact that the trio prefers Chinese waiters and mostly female and young could comprise a basis for discriminatory recruitment practices claims by those who may feel segregated by the specifications. In this respect, should the trio put out an advertisement for the positions specifying being Chinese or having Chinese roots as a condition of employment at the restaurant, they would risk being accused of unlawfully discriminating against persons based on their ethnicity. As a secular establishment, the new Chinese restaurant would have no legal rights to segregate against people on any basis and could thus the losing party should such proceedings be brought against it by an aggrieved entity. To address the legal concern, the trio should strive to put out job advertisements that would communicate to the intended audience the preference for Chinese candidates in a manner that is lawful. In this regard, the trio should desist from directly rejecting applications from individuals of other ethnicities and races by incorporating in the advertisement the requirement that the applicants should be knowledgeable in Chinese menu options, mannerisms and food culture. Application of the preference in this manner would help make the job advertisement non-discriminatory and thus eliminate the legal risk of the business being perceived as engaging in discriminatory recruitment practices (Morrissey, Compton, Nankervis, 2014). Ways in which the jobs should be designed to make them as interesting and challenging as possible To begin with, the trio of Vivienne and her two brothers should seek to achieve a tight fit between people aspects and business strategy (Compton Morrissey, 2001). This can be achieved through linking of the recruited employees and their roles with the strategic needs of the restaurant to ensure efforts by the staff contribute directly to the growth of the business. However, the approach could prove indifferent to the interests of the staff and hence care should be taken to dampen down the negative undesired effects (Budhwar Aryee, n.d.). Remedial measures including efforts to enhance the businesss skills inventory and encourage innovativeness with a view to improve the overall competitiveness of the restaurant business should be adopted (Snell, Shadur, Wright, 2000). The measures would be critical in averting situations where the business may become misfitted to the extremely dynamic business environment of today by ensuring its flexibility and ability to adapt to the necessary c hanges in the industry. In addition, the trio should provide opportunities for growth for their employees. This could be achieved by encouraging them to be proactive in problem solving vis-a-vis the day to day challenges that characterise the restaurant business. This would see the employees become more involved in efforts to enhance and nurture the reputation of the business as well as reorient their focus towards ensuring customer satisfaction. In effect, this would help make the jobs of the employees both interesting and challenging thus impacting positively on their motivation and overall job satisfaction as well as averting employee turnover (Nankervis, Baird, Shields, Coffey, 2017). References list Budhwar, P., Aryee, S. (n.d.). Chapter 1: An Introduction to Strategic Human Resource Management. Retrieved from https://www2.cipd.co.uk/nr/rdonlyres/cd5ee14a-ef5c-46da-bfcc-a8634f63193f/0/shrm_chapter_01.doc.doc Compton, R. L., Morrissey, B. (2001). Strategic Human Resource Management Beyond the rhetoric. Keeping Good Companies, 176-178. Morrissey, B., Compton, R. L., Nankervis, A. R. (2014). Effective Recruitment and Selection Practices (6th ed.). Sydney: Oxford University Press. Nankervis, A., Baird, M., Shields, J., Coffey, J. (2017). Human Resource Management: Strategy and Practice (9th ed.). South Melbourne: Cengage Learning. Snell, S. A., Shadur, M. A., Wright, P. M. (2000). Human Resources Strategy: The Era of Our Ways (CAHRS Working Paper #00-17). Ithaca, NY: CAHRS/Cornell University.

Hamlets Insanity :: essays research papers

The Darkness of Insanity   Ã‚  Ã‚  Ã‚  Ã‚  Insanity is an ever growing black hole which envelopes the pitiful mind of the its victim. The mental condition of Hamlet has been well debated throughout the years even though in Shakespeare’s tragedy Hamlet does admit that his madness is an elaborate scheme. Many see this fact as a way to discredit the idea of Hamlet’s insanity but one should also take into consideration the amount of proven psychopaths who constantly admit to their sanity. Through his actions and emotions prevalent through the play, Hamlet does indeed prove his insanity despite his denial of it. It is quite obvious that Hamlet possesses a troubled mind resulting from a gross state of melancholy, which later leads to him becoming disillusioned. Another fact to strengthen the idea of his insanity is his treatment of his beloved girlfriend, Ophelia and his loving mother, Gertrude. One might find it difficult to ponder the thought of any sane person denouncing their love for their lover without showing the slightest hint of sadness. However, Hamlet does perform this wicked deed. The protagonist’s mind is also filled with enough incestuous thoughts of his very own mother to disturb the audience. The most troubling and powerful piece of evidence to prove his insanity is that he does not feel the slightest twinge of guilt nor the smallest sliver of remorse after he murders three innocent bystanders in cold blood. The human conscience is what separates humans from animals because human’s have the ability to question evil deeds such as murder yet Hamlet’s conscience remains untouched after the murders of three people. The lack of guilt should be proof enough that Hamlet’s mind is convoluted.   Ã‚  Ã‚  Ã‚  Ã‚  Throughout the play Hamlet continuously shows characteristics that are closely related to madness. One of the more prominently shown characteristic is depression, which is also known to psychiatrists as the gateway to insanity. The depression caused by the murder of his father runs rampant during the course of the play and helps to led him down to his ultimate path of ruin. Hamlet’s depression is so powerful and visible that it begins to disturb his mother: “Good Hamlet, cast thy nighted colour off, And let thine eye look like a friend on Denmark Do not for ever with thy vailed lids Seek for thy noble father in the dust. Thou know’st ‘tis common – all that lives must die, Passing through nature to eternity.'; (Shakespeare 1.

The Secret to Happiness :: Happiness Essays

There is an ever-growing problem with our world; unhappiness. Unhappiness has plagued everyone at a time or two, sometimes even more. Because of this our world is suffering enormously: shootings, hate crimes, and wars are a few results of this widespread unhappiness. One might say there is no hope for our world, but there is. To end this unhappiness everyone should eat Skittles, own a goldfish, and get plenty of sunshine. One may ask, what can Skittles do? When the question should be what can not Skittles do? Not only can Skittles make you happy, they could end world hunger. But the focus right now is on ending unhappiness. Skittles, (by the author’s own scientific research) can and will make anyone 79% happier. So the next time someone is stressed out at work, fighting with their spouse, have no house, or lost their favorite shirt, don’t worry, just eat Skittles! Imagine how much happier the world would be, if instead of getting sad or upset, everyone ate Skittles and therefore made them happy. In the case of goldfish, here are some reasons why goldfish can end the world’s unhappiness. Owning a pet will lengthen your life. People who have the responsibility of the care of an animal can have lower blood p-pressure and fewer diseases. Goldfish make excellent pets because they are easy to care for, interesting and friendly, and won’t talk back. What more proof does one need? Imagine if everyone could have lower blood pressure, fewer diseases, and a friend who will keep every secret! Well, everyone can, if they buy goldfish. These animals, when cared for correctly, and with the frequent consumption of Skittles, can make the world happy again. Now, the last way to make everyone happy, is by making sure the world gets plenty of sunshine. Sunshine is vital in the life of human beings. It is recommended for everyone to get at least fifteen minutes of sunshine a day. Since sunshine is a required bodily function, there is no excuse for not getting any. Not only is it required, but sunshine is the best reason to be outside. One can go swimming, on a picnic, or eat Skittles in the sunshine.

American History: Emerson and Whitman

In a democracy Emerson wrote that man does not buy his rights and pay for his privileges. He has every right to speak up on an issue and does not need to pay the government to do so. Likewise he does not need to pay to cast his vote in an election. In a democracy man observes rules because doing so is the proper thing. He can not buy his way out to be exempted from obeying laws. The young will benefit from the fruits of democracy because the old shall have had their time.If the youth is able to use their God-given gift of â€Å"piquancy and charm† they would make the older generation â€Å"very unnecessary. † They would know how to take care of themselves and secure their future. Democracy for Whitman is where people are able to go about their daily lives without fear, â€Å"the machinist rolls up his sleeves, the policeman travels his beat, and the gatekeeper marks who pass. † Obviously, the people are the ones who enjoy the fruits of democracy as it allows them to pursue their business in the best and legal means without doing harm to others.According to Emerson it is easier to conform or to adapt to what the collective society stands for, but to be truly independent one must hold on to what he believes in despite overwhelming opposition. He has only his conscience to trust as to what is right and what is wrong. This attitude is what will spell the big difference â€Å"between greatness and meanness. † Whitman was more poetic in his take of independence. He said that it is when one has the â€Å"best of time and space, was never measured and will never be measured.† It meant that when a man is given the opportunity to do what he wanted, given the freedom to use it the way he thought fit is Whitman’s take on independence. Emerson believed that for man to be self-reliant he must first know himself, love his strengths and accept his weaknesses. While nature abounds with what can feed, clothe, and shelter man, he must tap and work on them by his own sweat or labor. Man is so endowed by God that there is nothing he can not do if he tries. Whitman likened self-reliance to travel. He showed a friend what there is to see in places near and far, and the road to take.The analogy could very well mean life in general. He can only be with the friend at some point but the rest will be up to the friend. He told his friend that â€Å"he must travel it for himself. † In life there are questions which answers â€Å"he must find out for yourself. † On cultural independence, Emerson challenged old traditions of the Church, to obey without question. He maintained that it was one’s conscience that he must listen to and not dead institutions and irrelevant societies. Whitman had a different approach with institutions, he was more for maintaining the status quo.Whitman wrote, â€Å"I accept reality and dare not question it, materialism first and last imbuing. † As for the spirit of social ex perimentation, Emerson opposed philanthropies of giving college grants, building half-way homes, alms-giving and organizing charities to the undeserving and regrets every cent and dollar doled out, despite the â€Å"obligation to put all poor men in good situations. † As for the issue of the slavery and the plight of the Blacks in Africa, Emerson said that â€Å"love afar is spite at home. He was for ensuring the welfare of one’s own before one can be so concerned with those of others.As for Whitman he welcomed, fed and cared for a runaway slave. He treated everyone equally, be they â€Å"the wicked or the righteous. † Emerson was among the American Transcendentalists and Romanticists from New England, who believed in the power of the mind which God had use to reveal the truth. He listened to the â€Å"voice of the mind. † Whitman was a Romantic writer especially with his association of the commonplace to Nature, like â€Å"the grass is itself a child, the produced babe of the vegetation. † Emerson approached Nature in the context of Man.He referred to â€Å"the nonchalance of boys as a healthy attitude of human nature,† and â€Å"pretty oracles nature yields us are the face and behavior of children, babes and brutes. † Whitman did not separate man, animals, the grass, the flowers, the fishes and the birds as he treats them all as Nature. He told of the activities of each without distinction of man and animal, bird or fish, flower or grass, â€Å"the wolverine sets traps, the young fellow drives the express wagon, the wild gander leads his pack. † Works Cited Emerson, R. W. â€Å"Self-Reliance. † Whitman, W. â€Å"Song of Myself. †

Hawkins V Clayton Case Summary

Hawkins v Clayton [1988] HCA 15; (1988) 164 CLR 539 (8 April 1988) High Court of Australia Case Title: HAWKINS v. CLAYTON [1988] HCA 15; (1988) 164 CLR 539 F. C. 88/012 Medium Neutral Citation:[1988] HCA 15 Hearing Date(s): 1987, May 13 1988, April 8 Decision Date:20 June 2011 Jurisdiction: High Court of Australia Before:C. J Mason J. Wilson J. Brennan J. Deane J. Gaudron Catchwords: Negligence – Duty of care – Solicitor – Will held by solicitor – Failure to inform executor of death of testator and of contents – Whether duty to do so – Loss to estate caused by executor's ignorance of death – Measure of damages.Limitation of Actions – Tort – Accrual of cause of action – Running of time – Commencement – Breach by solicitor of duty of care to inform executor of testator's death – Loss to estate caused by executor's ignorance of death – Limitation Act 1969 (N. S. W. ), s. 14(1). Legislation Cited: Limitation Act 1969 (N. S. W. ), s. 14(1) Wills, Probate and Administration Act 1898 (N. S. W. ), s. 150 s. 32 of the Wills, Probate and Administration Act s. 61 of the Wills, Probate and Administration Act Cases Cited: Central Trust Co. v. Rafuse (1986) 31 DLR (4th) 481, at p 521Bowen v. Paramount Builders (1977) 1 NZLR 394, per Richmond P. , at p 407 Central Trust Co. v. Rafuse (1986) 31 DLR (4th) 481, at p 521 Bowen v. Paramount Builders (1977) 1 NZLR 394, per Richmond P. , at p 407 Voli v. Inglewood Shire Council [1963] HCA 15; (1963) 110 CLR 74, at p 85 Midland Bank v. Hett, Stubbs and Kemp (1979) Ch 384, at pp 402-403 Hedley Byrne & Co. Ltd. v. Heller & Partners Ltd. [1963] UKHL 4; AC 465 Marshall v. Broadhurst (1831) 1 C & J 403 [1831] EngR 151; (148 ER 1480) Balch v. Symes [1823] EngR 362; (1823) Turn & R 87, at p 92Aebly's Will (1941) 29 NYS 2d 929, at pp 931-932; affirmed (1941) 31 NYS 2d 664 Georges v. Georges [1811] EngR 446; (1811) 18 VesJun 294 (34 ER 328) Lord v. Wormleighton [1822] EngR 477; (1822) Jac 580, at p 581 [1822] EngR 477; (37 ER 969) Estate of Harvey (1907) P 239 Goods of Shepherd (1891) P 323, at p 326 Hollis v. Smith (1808) 10 East 293, at p 295 (103 ER 786, at p 787) Meyappa Chetty v. Supramanian Chetty (1916) 1 AC 603, at pp 608-609 Ryan v. Davies Bros. Ltd. [1921] HCA 53; (1921) 29 CLR 527, at p 536) Pinchon's Case [1572] EngR 289; (1611) 9 CoRep 86b, at p 88b [1572] EngR 289; (77 ER 859, at p 863)Texts Cited: Sir James Stephen, A History of the Criminal Law of England (1883) Parties: Representation – Counsel: File number(s): DECISION The case of Hawkins V Clayton was the result of a breach of duty by the solicitors of the testator, Mrs Brasier, and to the executor of the estate, Mr Hawkins. The solicitors were in custody of Mrs Brasier’s will and seemingly were not aware of the testators death for some time as they had written letters to her regarding her will in September 1978 and August 1979 with no respo nse.After the commencement of the action taken up by Mr Hawkins, he had passed and his widow and executor continued the action as she had become Mrs Brasier’s executor by devolution. Mr Hawkins and his family had lived with Mrs Brasier as a â€Å"tenant† in her home at Blakehurst, sometime during August 1973 Mr Hawkins and Mrs Brasier had had a disagreement and the Hawkins family had left the Blakehurst house. It was determined that Mrs Brasier had spoken with Mr Hawkins about his appointment as executor but had not confirmed it once the will was written.After August 1973 Mrs Brasier had contact the solicitors to make a new will but had not carried out the changes and the solicitors had not had any instructions from her since. After the death of Mrs Braiser, her nephew, Ronald Lamb had taken up residence in her house and had not paid any rent or maintained the property. Mr Lamb had contacted the solicitors and had represented to them that Mr Hawkins had disappeared and requested payment out of the estate for funeral expenses.Some years later, Mr Hardwick who had been handling the matter had retired and upon the retention of new solicitors from the Executor, had rendered an account for services provided to the estate. This case was heard in the High Court of Australia on appeal from the judgment handed down from the Supreme Court of New South Wales. In the judgment from the Supreme Court, it was found that the Statute of Limitations had barred the solicitors from being found guilty of a breach of duty of care.The High Court Judges had not reached a unanimous decision regarding the duty of care owed to the executor. Mason C. J and Wilson J found that there was no duty of care owed to Mr Hawkins and suggested the appeal be dismissed, on the other hand; Brennan, Deane, Gaudron JJ had found that there had been a breach of the duty owed to Mr Hawkins, and that the Limitations Act would not affect any claim of such a breach as the breach did not occur a t the time of the death of Mrs Braiser but from when the Solicitors found out of her death.There was argument that the resultant damages incurred by Mr Hawkins was caused by his ignorance of the will and his failure to administer the estate it was however found that the damages were indeed caused by the lack of the solicitors to promptly notify Mr Hawkins of his interest in the estate and his role as executor. Brennan, Deane, Gaudron JJ ordered that damages be paid by the respondents though as the damages had not been quantified, they all agreed that the parties should discuss and agree to the amount of damages payable, if the parties could not agree to an amount, the Supreme Court of NSW would determine the costs owed.The final orders as found in the judgment are as follows: 1. the appeal to that Court be allowed with costs; 2. the judgment of Yeldham J. be set aside; 3. in lieu thereof judgment be entered for the plaintiff for damages to be assessed; 4. the action be remitted for determination by a judge of the Supreme Court; and 5. the defendants to pay the plaintiff's costs to be taxed.

Pollution in New York

Alberto A. Ortiz Bio 112 May 13, 2010 Pollution is all around us, everywhere we go, every day we experience some sort of pollution. Babies in the womb are more vulnerable than their mothers to DNA harm from air pollution, in spite of the additional protection that the placenta is thought to supply in removing toxins. In a study of babies and their mothers in New York City, scientists found that babies had accumulated a relatively high amount of mutations, and they connected the mutations to vehicle emissions. The babies also had more toxins from secondhand smoke than their mothers, who didn’t even smoke. This information is listed in Environmental Health Perspectives. For many years, scientists have believed that a fetus may be more susceptible to toxins than an adult. Yet, new research among a handful of large studies has analyzed the genetic effects of pollution. It is not known what the health effects of this DNA damage, if any, are for newborns. Exposure to these types of pollutants and tobacco smoke has been linked to increased risk for cancer in adults. This finding raises concern about fetal susceptibility and underscores the importance of reducing air pollution,† says Frederica Perera, who led the study at the Columbia Center for Children’s Environmental Health in New York City. The study included 265 pairs of nonsmoking African-American and Latina mothers and newborns in New York City. The researchers collected cord blood samples from the babies at the time of delivery and blood samples from the mothers a day after giving birth. Mothers and newborns had the same level of DNA damage from air pollutants, but the researchers estimate that the fetus is exposed to a ten-fold lower dose of pollutants than the mother because the placenta serves as a filter. Thus, fetuses appear to be particularly susceptible to environmental toxins and may not be able to clear them from their bodies or repair damaged DNA. The finding that newborns had higher levels of cotinine, a byproduct of nicotine, in their blood than did their mothers reinforces he concern that babies are more affected by secondhand smoke. The scientists were able to measure the level of DNA damage from air pollutants in mothers and newborns by analyzing stretches of mutated DNA, called biomarkers, that have been associated with exposure to diesel emissions and other air pollutants. In a previous study of Caucasian women and their newborns in Krakow, Poland, Perera and her colleagues found similar prenatal susceptibility to air pollution. Because New York City has much lower levels of pollution than Krakow, they wanted to see if the same damage occurred. New York City Mayor Michael Bloomberg has put forward legislation, which will provide the first comprehensive overhaul of the New York City Noise Code in over 30 years. Noise is the number one complaint to the City’s 311 citizen service hotline, currently averaging nearly 1,000 calls a day. The proposal provides a flexible environment to keep New York’s businesses thriving while addressing the number one quality of life complaint in New York. Mayor Bloomberg said that his new proposal, which was announced in June 2004, was the first overhaul of the Noise Code in over 30 years and would maintain the City’s vibrancy by balancing the need for construction, development and an exciting nightlife with New Yorker's well deserved right to peace and quiet. â€Å"Building on the success of our enforcement initiative, Operation Silent Night, we are proposing a comprehensive revision to the noise code that will make New York quieter and more livable without stifling growth,† the Mayor added. The new Noise Code will remove outdated code sections and replace them with ones that use the latest acoustic technology and will provide for flexible and reasonable enforcement. The new code provides updated and sensible means of limiting noise from construction sites located near residential neighborhoods. By establishing uniform best management practices for all work sites, using greater discretion in granting permits for night and weekend work and mandating ‘noise management plans’ that include portable sound barriers, noise jackets for jackhammers at all construction sites the code will decrease noise pollution. Neighbors apply special lotions after showering because their skin burns. Tests show that their tap water contains arsenic, barium, lead, manganese and other chemicals at concentrations federal regulators say could contribute to cancer and damage the kidneys and nervous system. â€Å"How can we get digital cable and Internet in our homes, but not clean water? † said Mrs. Hall-Massey, a senior accountant at one of the state’s largest banks. She and her husband, Charles, do not live in some remote corner of Appalachia. Charleston, the state capital, is less than 17 miles from her home. â€Å"How is this still happening today? † she asked. When Mrs. Hall-Massey and 264 neighbors sued nine nearby coal companies, accusing them of putting dangerous waste into local water supplies, their lawyer did not have to look far for evidence. As required by state law, some of the companies had disclosed in reports to regulators that they were pumping into the ground illegal concentrations of chemicals — the same pollutants that flowed from residents’ taps. But state regulators never fined or punished those companies for breaking those pollution laws. The vast majority of those polluters have escaped punishment. State officials have repeatedly ignored obvious illegal dumping, and the Environmental Protection Agency, which can prosecute polluters when states fail to act, has often declined to intervene. Because it is difficult to determine what causes diseases like cancer, it is impossible to know how many illnesses are the results of water pollution, or contaminants’ role in the health problems of specific individuals. But concerns over these toxins are great enough that Congress and the E. P. A. regulate more than 100 pollutants through the Clean Water Act and strictly limit 91 chemicals or contaminants in tap water through the Safe Drinking Water Act. Research shows that an estimated one in 10 Americans have been exposed to drinking water that contains dangerous chemicals or fails to meet a federal health benchmark in other ways. Those exposures include carcinogens in the tap water of major American cities and unsafe chemicals in drinking-water wells. Wells, which are not typically regulated by the Safe Drinking Water Act, are more likely to contain contaminants than municipal water systems. Because most of today’s water pollution has no scent or taste, many people who consume dangerous chemicals do not realize it, even after they become sick, researchers say. The broadest definition of thermal pollution is the degradation of water quality by any process that changes ambient water temperature. Thermal pollution is usually associated with increases of water temperatures in a stream, lake, or ocean due to the discharge of heated water from industrial processes, such as the generation of electricity. Increases in ambient water temperature also occur in streams where shading vegetation along the banks is removed or where sediments have made the water more turbid. Both of these effects allow more energy from the sun to be absorbed by the water and thereby increase its temperature. There are also situations in which the effects of colder-than-normal water temperatures may be observed. For example, the discharge of cold bottom water from deep-water reservoirs behind large dams has changed the downstream biological communities in systems such as the Colorado River. http://www. controllingpollution. com/pollution/thermal-pollution/ http://www. nydailynews. com/topics/Noise+Pollution http://www. dec. ny. gov/chemical/281. html http://www. nytimes. com/2009/12/17/us/17water. html

Pdf Silence! the Court Is in Session †Vijay Tendulkar Essay

Department of Humanities and Social Sciences, JNTUACEP,YSR Kadapa (Dist),Andhra Pradesh, India ABSTRACT A criticism against Indian Judicial system that ‘the failure of modern legal theory and practice lies in its understanding of what it is to be a human being’ can be undoubtedly attributed to the themes of Vijay Tendulkar’s play Silence! The Court Is In Session. The play barbs against existing judicial system at two levels. Firstly, it can be studied as a ‘legal plea’ which demands for emancipation, equality and liberation of women and stresses the need for a social transformation of law, culture, and social patterns which release women’s potential, where the legal curriculum has neglected issues of central concern of women like: rape, domestic violence, reproduction, unequal pay, sex determination and sexual harassment, from Benare’s ‘case study’: Secondly, the play can be a thesis on elite-court relations in India as an unsatisfactory arrangement, where being structurally part of the state, the courts are expected to maintain a high degree of independence and to be ensured of a democratic policy. The play is highly relevant as it discusses the present atrocities occurring on women throughout India including Delhi ‘Nirbhaya’ gang rape case and demands for verdict and bits the elite society to ponder on the issue seriously. Key words: Judicial system, Unequal treatment, Legal plea, elite-court relations, Play within the play Dr. MEDIKONDA SAMBAIAH Mrs. KATUMALA SANDHYA Article Received on : 26/03/2013 Article revised from: 28/03/2013 Article accepted on: 28/05/2013 The stimulus for Silence! The Court is in Session came from a real incident for the writer. Tendulkar met an amateur group which was on its way to stage a mock-trial in Vile Parle, a suburb of Bombay. While overhearing their conversation, the outline of a play began taking shape in the writer’s mind and resulted in the creation of Silence! The Court is in Session. The play was written for Rangayana at the instance of Arvind and Sulabh Deshpande and was first performed in March 1971 in Madras. When the play was first performed in 1967 for a drama competition by the small group, it was rejected by the judges who said it was not play. But later it received The Kamaladevi Chatterpadhyaya award and was translated in fourteen Indian languages. The play was staged all over India in different versions. In a sense Marathi drama found a place on the national map and Tendulkar was recognized at the national level. When asked in an interview: â€Å"This play is a caustic satire on the social as well as justice†¦.The mental agony suffered by the girl throughout the play is in no way less than the legal punishment. Is that all you 102 VIJAY TENDULKAR’S ‘SILENCE! THE COURT IS IN SESSION’†¦| Medikonda Sambaiah et al Research Journal of English Language and Literature (RJELAL) A Peer Reviewed International Journal – http://www.rjelal.com wished to convey or something more?† Tendulkar said: â€Å"This is exactly what I had in mind. If I say anything else now, that will be an after-thought. An undaunted girl of Benare’s make-up could have, besides defending herself, made a  counter-attack , tearing to pieces the dos and don’ts of the selfish society. Had I shown her aggressive that would have been attitude, not hers? Otherwise also the playwright should only suggest leaving the rest 1 to the viewers.† The opening scene of the play turns into a marvellous piece of satire by pitting the self-consciously independent, vehemently assertive, and immensely cheerful Benare against the utterly selfish, hypocritical and malicious amateur artists and paves the way as to how they are going to judge and reverse the natural justice. The scene depicts how an average middle class woman strives and struggles for preserving her womanhood and motherhood and her thirst to be accepted by the society. As the curtain rises, Samant, a local chap and Leela Benare, the heroine are found conversing. She springs a surprise on the rustic Samant with a sudden confidential proposal: â€Å"Let’s leave everyone behind, I thought, and go somewhere far, far, away – with you†! [Silence! The Court is in 2 Session]. When she makes this observation, she has Professor Damle in her mind. Benare, after telling Samant that the school management is holding an enquiry against her â€Å"just because of o ne bit of slander†. [58] The depiction of unsecured condition of Benare explores the problems that exist among Indian women towards legal rights and her absence of awareness about legislations and their enforcement and inadequacies of legal provisions. The tragic and bottle neck like situation reminds the audience of Banavari Devi, Nina Sahni, Tasneem Sheikh Suhail, Delhi model Jessica Lal and Nirbhaya claims Vijay Tendulkar as a man of relevance to the contemporary society, where the practices like – eve teasing, whistling at girls, bottom pinching and are common phenomenon among Indian youngsters, apart from big incidents like gang rapes and murders. The purpose why the dramatist has selected different persons from different backgrounds can give some clues about the judicial circle and their Vol.1.Issue.1.;2013 judicial culture. In fact, all these characters are the representatives of the existing personalities in judicial circle with their personal, familial, educational, ethical and professional defects. Mrs. Kashikars, Sukhatme, Balu Rokde, Gopal Ponkshe and Karnik are the various typical personalities  in judicial circle. The very fact of Mrs. Kashikar’s collusion in the attack on Benare demonstrates how women internalize the dominance of men over themselves as a natural phenomenon and turn against other transgressing women as the ‘other’. Had Benare been the economically power, she might have protested more actively. Her present position is evidence that among educated women, concern for status has a positive relationship with age and employment. It has been found that the working educated women have higher concern for status than the non-working women or house wives. The commencement of the ‘Mock-trial’, which constitutes a ‘play-within-the-play’, offers Tendulkar ample scope to dissect and lay bare the dormant ills of discontent in the psyche of these urban hypocrites. Though, they gang themselves up against a hapless Benare for the time being, they have nothing but spite for one another. Rokde symbolizes lumped public which is enveloped in the culture of dependency and carried away by the lures of money, power and threat. Throughout the play, he is not allowed enough time to exercise his intelligent challenges to prospective jurors. Ponkshe and Karnik are the other two catalysts who have their active role in the plot against Benare. When Benare goes into the inner room to wash her face, Karnik takes Ponkshe aside and indicating the inner room into which Benare has just gone, tells him if he knows anything about her: â€Å"About her, About Miss. Benare. Rokde told me†. The stylistic gimmicks used by Ponkshe and Karnik sometimes speak a lot louder than the words they actually speak. As witness their technique is not to argue the case but to present the issues. These two people represent the educated elite in the society, who have to demand for ‘order of proof’ as yardstick before asking the jury to measure the complaint. But these people lack the logical order of proof for their expert testimony. The interrogatory procedure is so convincing that the legal professionals have been encouraging litigation more and more by giving impetus to disputes. There is a widespread belief both among litigating public and legislators, the intervention of lawyers in court 103 VIJAY TENDULKAR’S ‘SILENCE! THE COURT IS IN SESSION’†¦| Medikonda Sambaiah et al Research Journal of English Language and Literature (RJELAL) A Peer Reviewed International Journal – http://www.rjelal.com proceedings have the built-in tendency to delay the disposal of cases. The legal profession is no longer service-oriented but profit-oriented. Sometimes lawyers on both sides join hands to make both the parties compromise even if the clients have to suffer the loss. Majority of the lawyers harass their clients for more and more fee, false bills, while not taking the required interest in the case. In all his arguments there is no ethical creation of evidence. He indulges simply in word games and forgets the joint liability of Damle. All these things show that Mr. Sukhatme’s role in the play is a replica of the legal professionalism and an evidence of how â€Å"there is a fall in efficiency and standard at the Bar and which is on the verge of collapse.† In a perceptive analysis of justice, gender and the justice in American society, Deborah Rhode observed: â€Å"Without a fundamental reordering of cultural values, women cannot hope to secure true equality, and social status. In that constructive enterprise, law can play a modest but more effective 4 role.† This is more so in Indian society with a high level of illiteracy and strong traditions of gender inequalities. That is what happens in Benare’s case. Certainly, the play Silence! The Court is in Session is a question against existing legal curriculum. There is no roadmap for the image of reality in the procedure of the prosecution. There is an absence of trial dynamism in the play. The entire trial rotates around gimmick but is not based on evidence. There is no opening statement which tells to the jury the plaintiff claims in a direct and reasonable way. It must give the jury an overview of what the evidence will show and what the evidence will be without argumentative hype and individualistic exhibitionism. Missing direct or cross examination ruthlessly rules out the fundamental rules of natural justice i.e. ‘no body can be a judge in his own cause’ and ‘no body should be condemned unheard’. The foundations for the verdict ‘let the witness be himself’ is not at all observed. There is no review of the evidence offered by both sides. The judge rules based on what the lawyer presents. It seems that instructions to jurors will directly affect their judgment. The doctrine of 5 locus standi, a principle that the judicial time as well as energy ought not be wasted  over hypothetical or abstract questions, has been neglected and the truth that the trial is the ‘time of decision’ and the ‘moment of truth’ has been gained and gathered, assessed, weighed and measured for hours together in the dock room. Vol.1.Issue.1.;2013 Vijay Tendulkar who is acclaimed as ‘articulatory of violence’ in the modern Marathi theatre brings another dimension of the ‘cruelty’ in the play. He demands that the concept of cruelty is to be redefined along with the socio-economic changes in the society. The playwright proves how it could be possible that cruelty was ‘intentionally aimed at’ by the provisions of the law itself. It seems that he joins with radical criminologists in seeking to redefine ‘harm’ in the criminological arena of victimology. Similarly, the playwright focuses on the maleness of legal proceedings, specifically the trial of sexual crimes like abortion and pre and extra marital relationships. Simply, in trials the procedure is designed to break down the story of the woman complainant both by subjecting it to vigorous doubt and by implicitly serializing it. The victim becomes an object of the male gaze and forced to relieve her ordeal, which itself becomes another assault. In the play, it is very clear that the exploration of body and sexuality is done through fierce and bold debate by the testimonies of Balu Rokde and Karnik. Tendulkar poses another important question to the legal provisions of women in India. If the child is a legitimate one, the father is honoured with the guardianship of the child. But if the child is illegitimate the mother is the guardian, and she alone has to bear the stigma and humiliation of every day social pin-pointing as well as the responsibility of bringing up the child. The law makes no distinction between legitimate and illegitimate child when it imposes on the father an obligation to maintain 6 children. But if it is under the guardianship of the mother, the man escapes everyday disgrace by merely paying the maintenance amount, at the most! To put it briefly, ‘the law recognizes the patriarchal system of family in which father 7 supreme.† Doubtlessly, it is the supreme talent of the dramatist that the violence of the play is superbly sugar-coated with the technique of play within the play. Without this technique Tendulkar  could not have made his characters directly attack Benare on the charge of infanticide. The play is widely acclaimed for this technique. Dnyaneshwar Nadkarni pays a tribute to the play: â€Å"Silence! The Court is in Session comes as a turning point in Tendulkar’s career. It has a play in rehearsal and a real-life story, and the two intertwine to produce some unusual 8 confrontations.† 104 VIJAY TENDULKAR’S ‘SILENCE! THE COURT IS IN SESSION’†¦| Medikonda Sambaiah et al Research Journal of English Language and Literature (RJELAL) A Peer Reviewed International Journal – http://www.rjelal.com However, Tendulkar depicts Benare as â€Å"a modern 9 woman† who is capable of protecting herself and 9 her body in a male dominated society . He does not let Benare kill herself or feel shy about the whole episode, but makes her fight till the end. Apart from all the criticism as she faced in the play, the character of Benare remains as a lovely spark from the thunderbolt of Tendulkar, in the Modern Marathi theatre. She is a new woman pleading for freedom from social and legal norms. Even though Tendulkar 10 said that writing this play was ‘drudgery’ to him, the credit of raising him to the top of the Indian theatre goes to this play Silence! The Court is in Session. Vol.1.Issue.1.;2013 REFERENCES 1. Vijay Tendulkar. â€Å"Drama: The Most Difficult, But the Most Powerful Medium.† Interviews with Indian Writers, New World Literature Series, B-18, p.280 2. Vijay Tendulkar. Collected Plays in Translation: Silence! The Court is in Session, translated by Priya Adarkar, New Delhi, Oxford University Press, 2003, p.55. 3. Quoted in â€Å"System on the Verge of Collapse†, India Abroad , New York, February 4, 1994. 4. Deborah Rhode. â€Å"Justice, Gender and the Justice† in Crites Lawra L, and Hepperle Winifred L (eds), ‘Women, The Courts and Equality’. 1978, p.10. 5. Roma Mukherjee. Women, Law and Free Legal Aid in India, Deep & Deep Publications Pvt. Ltd., New Delhi, 1998, p.64. 6. Sect. (2), Adoptions and The Hindu Maintenance Act, 1956. 7. Ved Kumari. â€Å"Place of Women and Child in Guardianship† in Lotika Sarkar and B. Sivaramayya (eds), ‘Women and Law: Contemporary Problems’ Vikas PublishingHouse Pvt. Ltd. New Delhi, 1994, p.242. 8. Sudhir Sonalkar. â€Å"Vijay Tendulkar and the Metaphor of Violence†, The Illustrated Weekly of India, November 18-24, 1993, p.20. 9. Veena Noble Dass. â€Å"Women Characters in the Plays of Tendulkar†, New Directions in Indian Drama (ed) Sudhakar Pandey and Freya Barva, Prestige publications, New Delhi, 1994, p.11. 10. Vijay Tendulkar. â€Å"Interview†, The Indian Literary Review, Vol.I, p.12. 105 VIJAY TENDULKAR’S ‘SILENCE! THE COURT IS IN SESSION’†¦| Medikonda Sambaiah et al