Wednesday, October 30, 2019

Sociology Essay Example | Topics and Well Written Essays - 750 words - 6

Sociology - Essay Example ciologists tend to come up with theories that picture the society as a whole, or traditionally concentrate on private issues, but failed to analyze the individual’s tie-up with the society which Mills argued as totally important. With Mills’ ideas, he relates how important it is for an individual to understand the greater sociological patterns that is relevant to their private situations. Many people as he said failed to understand it because of their inclination to their personal family, neighbors or job which in turn makes them trapped in a situation wherein they will not be able to comprehend the greater sociological reason that drove them to their present social status and private problems. He establishes the linkage between the person and the society, the phenomenal interaction that exists to both, and the importance of developing a quality of mind that can grasp history and biography and the relationship that links society and an individual. The highlight of his understanding, (which can not be found in other sociologist ideas) describes that the relationship of the public issues and persons’ private troubles are closely connected, therefore arriving to an analysis that points out relativ e changes to private troubles as the society wherein an individual belongs changes too. Criticisms about symbolic interactionism appeared only when quantitative approaches to sociology have been applied. However, it could not be concluded that it does not have viable notion to social structure. Evidently, this kind of approach does not violate any quantitative sociological approaches, but on the other hand is a helpful in the broader understanding of the society. The pragmatic approach or the qualitative research method does not mean that it is removing its link to the social structure, but in the other hand it links to the social structure as the society itself produces realities that can be observed. In symbolic interactionism perspective, Blumer said that,

Monday, October 28, 2019

Stationary Phase In Gas Chromatography Engineering Essay

Stationary Phase In Gas Chromatography Engineering Essay Stationary phase in Gas Chromatography (GC) is the part of the chromatographic system where the mobile phase will flow and distribute the solutes between the phases. Stationary phase plays a vital role in determining the selectivity and retention of solutes in a mixture. There are two major types of GC which are gas-solid chromatography and gas-liquid chromatography. In gas-solid chromatography, same material is used as both the stationary phase and support material. The common adsorbents used include alumina, molecular sieve such as zeolite and clay, silica and active carbon. In gas-liquid chromatography, the stationary phase is a liquid which is immobilized or adsorbed on a solid support material such as silica particles. The material of stationary phase ranges from polymers such as polysiloxanes, polyesters, polyethylene glycols to fluorocarbons, and liquid crystals. In addition, the stationary phase may consist of either porous particles, solid particles or a fibrous material such as paper. There are various types of stationary phases available because the choice of stationary phase being the most suitable one depends on the polarity of components. The primary rule of separation is like dissolved like where non-polar analytes will partition strongly into non-polar stationary phases and polar analytes partition into polar phases. Polysiloxanes, for instance are the most common stationary phases. They possess the greatest variety and are stable, robust and versatile. Besides that, they can resist oxidation and offer high solute diffusivitites into the polymer coupled with excellent chemical and thermal stability. 100% methyl substituted is the most basic polysiloxane being used and is non polar. The diagram below shows the basic structure of 100% dimethyl substituted polysiloxane. Because a variety of groups can be incorporated into the structure, polysiloxane exhibit a wide range of polarities ranging from non polar to polar. This can be done by replacing the methyl groups with other functional groups in the polymer structure. The structure below is a general representation of substituted polysiloxane. The R groups can be methyl(-CH3), phenyl(-C6H5), trifluoropropyl(-CH2CH2CF3) or cyanopropyl(-CH2CH2CH2CN). X and Y indicate the percentage of an aggregate in the overall polymeric stationary phase composition. The increase in the percentage of substitution of these polar groups increases the polarity of the liquid phase to various degree. For instance, 5% diphenyl-95% dimethyl polysiloxane. In this structure, R1 and R2 are phenyl groups and R3 and R4 are methyl groups. M and N have the value of 5% and 95% respectively. Table below shows some of the common stationary phases used in gas-liquid chromatography. Stationary Phase Common Trade Name Temperature ÃÅ'Ã…  C Applications Polydimethyl siloxane OV-1, SE-30 350 hydrocarbons, drugs, steroids Poly(phenylmethyldimethyl) siloxane (10% phenyl) OV-3, SE-52 350 Fatty acid methyl esters, alkaloids, drugs Poly(phenylmethyl) siloxane (50% phenyl) OV-17 250 Drugs, steroids, pesticides, glycols Poly(trifluoropropyldimethyl) siloxane OV-210 200 Chlorinated aromatics, nitroaromatics,alkyl substituted benzene Methyl-5% phenyl polysiloxane SE-54, OV-23, DB-5, SPB-5, BP-5, HP-5, ULTRA 2, RTx-5, CPSil-8 50-325 Similar to methyl polysiloxane. Slightly more selective due to phenyl content. Excellent thermal stability. Methyl 50% Phenyl Polysiloxane OV-17, DB-17, SPB-7, BP-10, HP-17, RTx-17, AT-50, 40-325 Added selectivity-higher phenyl content.Retains similar compounds longer than methyl silicone.Efficient separations of drugs, sugars and steroids. Good thermal stability. 6% Cyanopropylphenyl 94% Methylpolysiloxane DB-1301, RTx-1301, HP-1301 30-320 Selectivity for polarizable and polar compounds. Exhibits less retention of polyaromatic compounds.Good thermal stability. Methyl 7% Cyanopropyl 7% Phenyl Polysiloxane DB-1701, CPSil-19, RTx-1701, AT-1701 280 Unique selectivity of cyanopropyl and phenyl groups.Not truly a polar phase.Good thermal stability Methyl 25% Cyanopropyl 25% Phenyl Polyciloxane DB-255, HP-255, CPSil-43, RTx-225, AT-255 40-240 Polar phase.Efficient separations of fatty acids and alditol acetate derivatives of sugars.Fair thermal stability Silicone Oil DC-550 180-200 Moderately polar substrate,used for alkylbenzenes and naphthalene homologs Silicone Gum Rubber SE-30 400 Non polar,for highest temperature work. Used for steroids and polycyclic aromatics For polydimethyl siloxane, the -R groups are all hydrophobic giving liquid the least polarity and has the following general structure. Poly(cyanopropylphenyldimethyl) siloxanes are another polar stationary phases. They are used in separating compounds which contain several hydroxyl groups such as steroids. Another type of stationary phase is polyethylene glycols (PEGs) which is shown below. This stationary phase is non-silicon-containing stationary phase and is most widely used after siloxanes in the analysis of polar solutes. They are moderately polar and was considered the most polar stationary phase available due to the difficulty in coating and cross-linking of polar siloxane on the stationary phase. Besides, they are well known for their unique selectivity and high polarity as a liquid phase. The polyethylene backbone of these columns is different than polysiloxane phases. Strong polar dispersive interaction in the phase is imparted by the oxygen group in the polymer backbone. It also provides a very strong dipole interaction as the phase itself is capable of hydrogen bonding which is the bonding between a strong polar group (OH, NH) and a compound with strong electronegativity (F, O, N)]. Stationary phases with wax or FFAP in their names also belong to polyethylene glycol. Polyethylene glycols stationary phases have 100% of the stated material because they are not substituted. They have several disadvantages such as less stable, less robust and limited maximum temperature compared to most siloxanes. In addition, they exhibit shorter lifetimes and have high susceptibility to damage upon over-heating or exposure to oxygen. However, the unique separation properties of polyethylene glycol have made these liabilities tolerable. Also, cross-linked PEG phase is able to overcome these deficiencies. Under GC temperature condition, PEG stationary phases must be liquids. For example, alcohols, ethers, aldehydes and other compounds with low boiling points can be separated by a suitable sorbent called PEG 400. Carbowax 20M can be used for the separation of polar compounds with higher boiling points. Other polar compounds such as amino alcohols, hydroxyl acids, dibasic acids, amines, nitrile, fatty acids, fatty acid methyl esters (FAMEs), aromatic volatile compounds, and nitrosamines can also be separated using PEG columns. Arylene-modified polysiloxanes are also known as aryl-poly or arylene stationary phase. They are similar to standard polysiloxane except having phenyl groups in the polymer backbone. This stationary phase has several advantages including lower column bleed and higher temperature limits than their polysiloxane counterparts. Diagram 1 : Structure of arylene-modified polysiloxane In order to prevent column bleed during GC analysis, most of the stationary phases used today are of arylene-modified polysiloxane. These stationary phases have been designed to be equivalent to a familiar stationary phase such as 5% phenylmethyl polysiloxane (BD-5ms and DB-5). They have slight differences although both the stationary phases have similar separation characteristics. Chiral stationary phases are also used in Gas Chromatography analysis. These stationary phases are typically used to separate individual enantiomers, stereoisomers which only differ in the spatial arrangement of their atoms and in their ability to rotate the plane of polarized light. Separation of two substances can only occur when their standard energy of distribution differ, which means that their standard enthalpies and/or their standard entropies of distribution also differ. In general, the standard enthalpy indicates the difference in the interactive forces such as polar, dispersive and ionic interactive on the molecule in the two phases whereas the standard entropy indicates their spatial disposition. Hence, to separate chiral solutes, the stationary phase chosen must differ significantly in the spatial arrangement of its composite atoms results in the probability or proximity of interaction between the two enantiomers to be separated. Many chiral compounds are used in the prep aration of chiral stationary phase (CSP). Cyclodextrin (CD) and their derivatives are the most commonly used chiral compounds. Cyclodextrin is a cyclic oligomer substituted into a conventional siloxane stationary phase. A strong interaction with the cavity in the CD is achieved when organic molecules of correct size and shape are present. Hence, these organic molecules will be more strongly retained on the capillary column. Furthermore, modified CDs are used since they are capable of resolving chiral solutes over a high range of GC temperatures. Chiral stationary phase plays a vital role in separation especially in pharmaceutical industry because pharmaceutical compounds usually exist as enantiomers. Some rough estimations about the target compounds that are generally well dissolved into their enantiomers by using specific chiral stationary phase are illustrated below. Product Name Stationary Phase Analytes Cyclodextrin E 2,6-Pentyl-3-Butyryl-gamma-Cyclodextrin oxygenated terpenes, alcohols, epoxides Cyslodextrin G 6-Methyl-2,3-Pentyl-gamma-Cyclodextrin monoterpene hydrocarbons, volatile/low temperature Cyclodextrin H 2,6-Methyl-3-Pentyl-gamma-Cyclodextrin terpenes, alcohols, alkenes Cyclodextrin 3P 2,6-Methyl-3-Pentyl-beta-Cyclodextrin terpenes, alcohols, alkenes Cyclodextrin TM 6-TBDMS-2,3-Methyl-beta-Cyclodextrin PCB, polycyclic or chlorinated aromatics, pesticides Cyclodextrin TE 6-TBDMS-2,3-Ethyl-beta-Cyclodextrin pharmacopeia separations of essential oils Cyclodextrin TA 6-TBDMS-2,3-Acetyl-beta-Cyclodextrin oxygenated terpenes, aromatics, low volatile Cyclodextrin PM 2,3,6-Methyl-beta-Cyclodextrin legacy phase for many analytes . In Gas Chromatography, there are generally two different types of column used which are packed columns and capillary columns. Packed columns contain finely divided inert solid support material that is densely packed in the inside of the column in which the material is coated with a liquid stationary phase. This stationary phase is 3-10% by weight of the solid support and will form a thin liquid film on the surface of the material where the mobile phase will flow over and around the coated material as it travels down the column. The solid support material used is usually diatomaceous earth. To improve resolution and speed, the particles size should be small enough, ranging from less than 100-300mm and are uniform in size. Small size of particles is necessary as it increases the surface area for easier partition and separation of solutes. Besides that, the material should be inert to avoid any chemical reaction between the solutes and solid support material. However, packed columns have limited resolution where N Diagram 2 : Cross section of packed column Solid support material Packed columns are 1.5 10 m in length and have an internal diameter of 2 4Â  mm. They are normally constructed from stainless steel but can be glass such as Pyrex glass if a less reactive surface is desired. Pyrex glass is chosen when thermally labile solutes are being separated. Unfortunately, glass has pressure limitations and for long packed columns, stainless steel columns are chosen since they possess high pressure tolerance. The nature of the coating material which is the liquid stationary phase determines what type of solutes will be most strongly adsorbed onto it. Hence, various columns are available that are designed to separate specific types of compounds. Open tubular columns or rather known as capillary columns are characterized by a small narrow opening in the centre of the column through which the mobile phase will travel as it moves past the stationary phase. There is no packing of solid support material unlike packed columns. Capillary column is constructed by fused silica which is a highly purified and inert material. There is a protective coating on the outside of the column, called polyamide that affords strength and flexibility in order to wind into small coil. Diagram 3 : Cross-section of capillary column Capillary columns have a very small internal diameter, on the order of a few tenths of millimeters, are between 25-60 meters in length. Capillary columns can be divided into three classes which are wall-coated open tubular (WCOT) columns, support-coated open tubular (SCOT) columns and porous layer open tubular (PLOT) columns. For WCOT columns, the inner column walls are coated with a thin layer of liquid stationary phase. The thickness of liquid coating is 0.25 0.5 Â µm thick leading to very fast and efficient separations (up to 300,000 plates). Other types of capillary columns exist with the stationary phase contained in different formats. These columns are typically efficient but they have a small sample capacity due to their low surface area. For SCOT columns, the inner wall of capillary columns are lined with approximately 30ÃŽÂ ¼m of a porous support material in order to allow a higher loading of stationary phase, resulting higher column capacity. Then, a thin film of liqui d stationary phase is then coated on this layer of support material, providing SCOT columns a larger surface area. For PLOT columns, they are similar to SCOT columns except solid support materials are attached to the inner column wall where the particles themselves are the stationary phase. There support materials can be glass powder or microcrystalline materials rather than particulate support. Diagram 4 : cross section of WCOT, SCOT and PLOT columns Generally, capillary columns are favored over packed columns and WCOT columns are more efficient than SCOT columns in Gas Chromatography. The table below shows further comparison of capillary (WCOT) and packed columns. Parameter Capillary Column Packed column Efficiency (plates/m) >100000 Sample size (ng) 10-75 10-1000000 Realtive pressure Low High Relative speed Fast Slow Chemical inertness Best Poorest Column flexibility Yes No Resolution Good Poor

Friday, October 25, 2019

Essay --

Abortion. Don’t Do It Women get abortions all over the world, and there are several reason why they get them. What they don’t know is that they’re hurting themselves. They’re hurting another human being. Scientist did a study and it shows that the fetus can feel pain while being aborted. A women should not get an abortion, because they are killing a being that didn’t ask to be here,the fetus can feel pain , it can cause post traumatic stress disorder, and other bodily issues. The fetus that is being aborted had no choice on whether or not it wanted to be here or not. Since it’s not right to murder someone outside of the womb, how is murdering an infant, a person inside the womb any different? The fact of the matter is it’s not. Abortion is murder that goes unnoticed by the law. It takes away a defenseless life that probably could’ve been a great asset to the world. Alot of people don’t know that the fetus can feel pain. Some doctors tell the patient that the fetus can’t feel anything.Truth is the fetus can feel every bit of it, and getting an abortion causes a violent a...

Thursday, October 24, 2019

Hindu Women and Their Coparcenary Rights

NATIONAL LAW INSTITUTE UNIVERSITY BHOPAL VI TRIMESTER FAMILY LAW – II HINDU WOMEN AND THEIR COPARCENARY RIGHTS SUBMITTED TO – SUBMITTED BY – Ms. Kavita Singh Archana 2011 B. A. ,LL. B 79 VI Trimester INDEX SERIAL NUMBER |HEADINGS |PAGE NUMBER | |(1) |INTRODUCTION |3 | |(2) |TRADITIONAL POSITION |4 | |(3) |DAYABHAGA COPARCENARY SYSTEM |4 | |(4) |MITAKSHARA COPARCENARY SYSTEM |4 | |(5) |MARUMAKKATTYAM LAW |5 | |(6) |POSITION OF WOMEN UNDER CONSTITUTION |6 | |(7) |CONCEPT OF COPARCENARY AND JOINT PROPERTY |7 | |(8) |PARLIAMENTARY DEBATE |7 | |(9) |SECTION 6 OF HINDU SUCCESSION ACT |8 | |(10) |NEW COPARCENARY UNDER STATE ACTS 10 | |(11) |WOMAN AS KARTA |12 | |(12) |JUDICIAL INTERPRETATION |13 | |(13) |PROBLEMS OF COPARCENARY RIGHTS OF WOMEN |14 | |(14) |RECOMMENDATIONS |15 | |(15) |CONCLUSION |16 | |(16) |BIBLIOGRAPHY |17 | INTRODUCTION The Constitution of India provides that every person is entitled for equality before law and equal protection of the laws and thereby prohibits discrimination on the basis of caste, sex and creed.The discrimination on the basis of sex is permissible only as protective measures to the female citizens as there is need to empower women who have suffered gender discrimination for centuries. Since time immemorial the framing of all property laws have been exclusively for the benefit of man, and woman has been treated as subservient, and dependent on male support. The right to property is important for the freedom and development of a human being. Prior to the Hindu Succession Act, 1956 shastric and customary laws that varied from region to region governed Hindus and sometimes it varied in the same region on a caste basis resulting in diversity in the law. Consequently in matters of succession also, there were different schools.The multiplicity of succession laws in India, diverse in their nature, owing to their varied origin made the property laws even mere complex. The ultimate sufferers of these complexities are women as their position regarding property rights is vulnerable in a coparcenary system. In our project we are trying to analyze the discrimination against women under Hindu Succession Act, 1956. The paper begins with a study of devolution of property in various traditional schools. It then proceeds to analyze the position of women in the Constitution of India. The focus of this paper is on the concept of coparcenary and the inherent discrimination meted on the women by depriving them proprietary rights in the Hindu Succession Act, 1956.Finally, we have analyzed the new notion of coparcenary under various State amendments and the pros and cons of these amendments in the light of right to equality guaranteed under the Constitution of India. TRADITIONAL POSITION The entire concept of coparcenary originates in the Classical Hindu law, so it becomes imperative to understand the position under these traditional schools before we proceed further – THE DAYABHAGA COPARCENARY SYST EM The Dayabhaga School is followed in primarily in West Bengal, Bihar, Assam and parts of Orissa. According to this school neither son nor daughter gets by birth or by survivorship a right in the family property, though joint family and joint property is recognized in this school.It lays down only one mode of succession and the same rules of inheritance apply whether the family is divided or undivided and whether the property is ancestral or self-acquired. In this school neither sons nor daughters become coparceners at birth nor do they have rights in the family property during their father's lifetime. However, on his death, they inherit as tenants-in-common. It is a remarkable feature of the Dayabhaga School that the daughters also get equal shares along with their brothers. But, since this ownership arises only on the extinction of the father's ownership none can compel the father to partition the property in his lifetime and the latter is free to give or sell the property withou t their consent.Therefore, under the Dayabhaga law, succession rather than survivorship is the rule. If one of the male heirs dies, his heirs, including females such as his wife and daughter would become members of the joint property, not in their own right, but representing him and manage the property on behalf of the other members in the Dayabhaga School. MITAKSHARA COPARCENARY SYSTEM The Mitakshara law is followed extensively in India. According to this school, a son by birth acquires a right and interest in the joint family property. But, the interest in the property is restricted to three generations of male lineal descendants, which includes son, grandson and the great grandson.These three constitute a class of coparceners, based on birth in the family. Under the Mitakshara system, joint family property devolves by survivorship within the coparcenary. This means that with every birth or death of a male in the family, the share of every other surviving male either gets diminish ed or enlarged. For example, if a coparcenary consists of a father and his two sons, each would own one third of the property. If another son is born in the family, automatically the share of each male is reduced to one fourth. But, no female is recognized as a member of the coparcenary in Mitakshara law. We find many variations of this school in different parts of India.According to the Bengal, Banaras and Mithila sub- schools of Mitakshara recognise five female relations—  widow, daughter, mother, paternal grandmother, and paternal great-grand mother as being entitled to inherit. [1] The Madras sub-school recognized the heritable capacity of a larger number of females including the son’s daughter, daughter's daughter and the sister’s heirs who are expressly named as heirs in Hindu Law of Inheritance (Amendment) Act, 1929. [2] The son's daughter and the daughter's daughter ranked as bandhus in Bombay and Madras. The Bombay school which is most liberal to wome n, recognizes a number of other female heirs, including a half sister, father’s sister and women married into the family such as stepmother, son's widow, brother’s widow and also many other females classified as bandhus. THE MARUMAKATYAM SYSTEMThis system prevailed in Kerela wherein the family was joint and a household consisted of the mother and her children with joint rights in property. The lineage was traced through the female line i. e. matrilineal. The joint family so formed is known as Tarwad. In this system both male and females are equally the members of joint family. Son be the member of mother’s coparcenary but son’s son would not be the member of this system. He will be member of his mother’s Tarwad. Here both male and female accrues interest in property. This system explains how traits moved towards matriarch cal from patriarch cal. However, joint family system in Kerela are abolished by Kerela Joint Family Abolition Act.But even today at some places customary law governs. THE POSITION OF WOMEN UNDER THE CONSTITUTION OF INDIA The framers of the Indian Constitution have taken special care to ensure that the State should take positive steps to give women equal status with men. Articles 14, 15(2), (3) and Article 16 of the Constitution of India, attempt not only inhibit discrimination against women but in appropriate circumstances provide a free hand to the State to provide protective discrimination in favour of women. Also Part IV of the Constitution which contains the Directive Principles of State Policy interalia provides that the State shall endeavor to ensure equality among individuals[3].Notwithstanding these Constitutional mandates and directives, a woman is still neglected and the rights of the women is blatantly disregarded by some of the provisions of personal laws like the inherent discrimination and inequality in the Mitakshara coparcenary under Section 6 of the Hindu Succession Act, 1956. But, to say th at coparcenary rights under Mitakshara system violates Article 14 raises an important question- Does â€Å"laws in force† in Article 13(1) of the Constitution include personal laws? The Apex Court has yet to give a definitive view on this point. But in State of Bombay v Narsu Appa Mali[4] the Bombay High Court took the view that the term â€Å"laws in force† includes only laws passed or made by legislature or other competent authority and does not include personal laws.But in the Supreme Court in Sant Ram v Labh Singh[5] and in Shri Krishna Singh v Mathura Ahir[6] has accepted the contrary. But, Seervai is of the opinion that- â€Å"We have seen that there is no difference between the expression ‘existing law’ and the ‘law in force’ and consequently, personal law would be ‘existing law’ and ‘law in force’. This consideration is strengthened by the consideration that custom, usage, and statutory law are so inextricabl y mixed up in personal law that it would be difficult to ascertain the residue of personal law outside them†[7] THE CONCEPT OF COPARCENARY AND JOINT PROPERTY In the Hindu system, ancestral property has traditionally been held by a joint Hindu family consisting of male coparceners.Coparcenary can be defined as a narrower body of persons within a joint family and consisting of father, son, son's son and son's son's son. Ancestral property continues to be governed by a wholly partrilineal regime like the Mitakshara school, wherein property descends only through the male line as only the male members of a joint Hindu family have an interest by birth in the joint or coparcenary property. Since a woman cannot be a coparcener, she is not entitled to a share in the ancestral property by birth. But a son's share in the property would increase in case the father dies interstate would be in addition to the share he has on birth.This is a clear discrimination against women. PARLIAMENTARY DEBATE ON THE ADOPTION OF MITAKSHARA COPARCENARY SYSTEM The  provisions regarding succession in the Hindu Code  Bill, as  originally  framed  by  the  B. N. Rau  Committee  and piloted   by   Dr. Ambedkar,  Ã‚   was  Ã‚   for  Ã‚   abolishing  Ã‚   the Mitakshara   coparcenary with its concept of survivorship   and the son's right by birth in a joint family   property and substituting it with the principle of inheritance by succession. These proposals met with a storm  of conservative opposition. The  extent  of  Ã‚   opposition within the government itself can be gauged from   the   fact   that   the   then   Law Minister Mr.Biswas, on the floor of the house, expressed   himself against   daughters   inheriting property from their natal   families. Sita Ram S Jajoo from  Madhya  Bharat, identified  the  reason for the opposition accurately,  when he stated:   â€Å"Here we feel the  pinch  because it t ouches our   pockets. We male members of this house are in a huge majority. I do not wish that the  tyranny  of the majority may be imposed on the minority, the female members of this house. â€Å"[8] However, the majority   prevailed when the Bill was finally passed in 1956. When Dr. Ambedkar was questioned as to how the provisions relating to coparcenary was retained in spite of strong opposition he said:   â€Å"It was not a compromise.My enemies combined with my enthusiastic supporters thought that they  might damn the Bill by making it appear worse than it was. [9] By the retention of the Mitakshara coparcenary without including females it meant that females cannot inherit ancestral property as males do. If a joint family gets divided, each male coparcener takes his share and females get nothing. Thus the law by excluding the daughters from participating in coparcenary ownership not only contributed to an inequity against females but has led to oppression and nega tion of their right to equality and appears to be a mockery of the fundamental rights guaranteed by the Constitution. [10] SECTION 6 OF THE HINDU SUCCESSION ACT, 1956.Section 6 deals with the devolution of interest of a Hindu male in coparcenary property and recognizes the rule of devolution by survivorship among the members of the coparcenary. The provision relating to co-parcenary property in the Hindu succession Act 1956 is Section 6 which provides that if a male Hindu dies leaving behind his share in Mithakshara Co-parcenary property, such property will pass on to his sons, son’s son’s, son’s son’s son by survivorship, on surviving members. In case there are female relatives like daughter, widow, mother, daughter of predeceased son daughter of predeceased daughter widow of predeceased son, widow of predeceased son of a predeceased son, then the interest of the deceased co-parcenary will pass on to his heirs by succession and not by survivorship.Exampl e: If â€Å"c† dies leaving behind his two sons only, and no female heirs of class I then property of â€Å"C† passes to his sons by survivorship since there are no female relatives like daughter or any other member specified in the class I of first schedule. In case â€Å"C† dies leaving behind two sons and three daughters, then property of â€Å"C† will pass on to his sons and daughters by succession in the following manner. Firstly property of â€Å"C† is divided among â€Å"C† and his two sons. The shares of â€Å"C† and his two sons are C gets one-third and each son one-third. The sons are entitled to the equal share of the property along with the father. But the daughters are entitled to the share in the share of the deceased â€Å"C† along with other sons.So the sons will get one-third of the property and a share, which is one-fifth in the share of deceased â€Å"C†. Even under the Hindu Succession Act, 1956 the d aughter does not take equal share with the son. The law by excluding daughter from participating in the coparcenary ownership not only contributes to her discrimination on the ground of gender but also has led to oppression and negation of her fundamental right of equality guaranteed in the Constitution having regard to the need to render social justice to women. HINDU SUCCESSION (AMENDMENT) ACT, 2005 W. R. T SECTION 6 Considering the Principle of Equality under The Constitution, Hindu Succession (Amendment) Act, 2005 came up.According to amendment, the daughter of a coparcener shall- 1) By birth become a coparcenary in her own right in the same manner as the son; 2) Have same rights in the coparcenary as she would have had if she had been a son; 3) Be subject to same liabilities in respect of the said coparcenary property as that of a son, 4) She is allotted the same share in property as that to son. And any reference to Hindu Mitakshara coparcener shall be deemed to include a refe rence to a daughter of a coparcener. Now the mode of devolution is no more survivorship but has become succession. This is a drastic amendment, which has changed the whole scenario. Now women are not anyway unequal to men. This is a step taken to bring them at par with men in this society. NEW COPARCENARY UNDER STATE ACTSThe concept of the Mitakshara coparcenary property retained under Section 6 of the Hindu Succession Act has not been amended ever since its enactment. But, five states in India namely, Kerela, Andhra Pradesh, Tamil Nadu, Maharashtra and Karnataka[11] have taken cognizance of the situation an have made necessary amendments. As per the law of four of these states,   (Kerela excluded), in a joint Hindu family governed by Mitakshara law, the daughter of a coparcener shall by birth become a coparcener in her own right in the same manner as the son. Kerela, however, has gone one step further and abolished the right to claim any interest in any property of an ancestor du ring his or her lifetime founded on the mere fact that he or she was born in the family.In fact, the Kerela Act has abolished the Joint Hindu family system altogether including the Mitakshara, Marumakkattayam, Aliyasantana and Nambudri systems. In Kerela the joint tenants has been replaced by tenants in common. The approach of the Andhra Pradesh, Tamil Nadu, Maharashtra and Karnataka state legislatures is, strikingly different from that of Kerela and these states instead of abolishing the right by birth strengthened it, while broadly removing the gender discrimination inherent in Mitakshara coparcenary. The broad features of the legislations are more or less couched in the same language. The State enactments in these four states provide that— a) the daughter of a coparcener in a Joint Hindu Family governed by Mitakshara law, shall become a coparcener by birth in her own right in the same manner as the son and have similar rights in the coparcenary property and be subject to s imilar liabilities and disabilities; (b) On partition of a joint Hindu family of the coparcenary property, she will be allotted a share equal to that of a son. The share of the predeceased son or a predeceased daughter on such partition would be allotted to the surviving children of such predeceased son or predeceased daughter, if alive at the time of the partition. (c) This property shall be held by her with the incidents of coparcenary ownership and shall be regarded as property capable of being disposed of by her by will or other testamentary disposition. (d) The state enactments are prospective in nature and do not apply to a daughter who is married prior to, or to a partition which has been effected before the commencement of the Act.In Kerela Section 4 (i)[12]of the Kerela Joint Family System (Abolition) Act, lays down that all the members of a Mitakshara Coparcenary will hold the property as tenants in common on the day the Act comes into force as if a partition had taken pla ce and each holding his or her share separately. But the major criticism against the Kerela model is that if the Joint family was abolished today in the other states then a deemed partition would take place and women not being coparceners would get nothing more. Whereas if they are made coparceners, then they become equal sharers. WOMEN AS KARTA The law commission has rightly observed that although the Hindu Succession (State Amendment) Acts have conferred upon the daughter of a coparcener status but there is still reluctance to making her a Karta.This is because of the general male view that she is incapable of managing the properties or running the business and is generally susceptible to the influence of her husband and his family, if married. This seems to be patently unfair as women are proving themselves equal to any task and if women are influenced by their husbands and their families, men are no less influenced by their wives and their families. If women can act as coparcena ries then they must also be given the powers of Karta. The shastra is clear that in the absence of senior member a junior member (if he has reached the age of legal competence) may incur debts for the needs of the family, and in the absence of a male member a female member may do so[13].The Sanskrit texts empower women to act, as Karta in instances like when the husband is away or missing or the son is yet to attain majority. Various texts go to prove that the ‘women in defacto is independent; as soon as her husband returns or her son attains majority she becomes dependant, but meanwhile the responsibility rests with her, and the powers should be obviously be allowed to her accordingly’. [14] It is ridiculous to contend that a lady may be fit to be a High Court Judge she is not entitled to exercise within her own family the discretion that a manager can exercise. [15]  Ã‚   JUDICIAL INTERPRETATION There are conflicting opinions of the various High Courts on the questi on of women coparcenary and thus a Karta.The matter for the first time came up before a full Judge Bench of the Nagpur High Court in Kesheo v Jagannath[16] where it was held that â€Å"any adult member may be the manager of the joint family, and in case of a need a step mother could bind her step son, who was a minor, by alienation of the joint Hindu family property in whatever character she purported to act†. The next case that dealt with this problem was Hanooman Prasad’s Case[17] where the powers of the widow mother as a manager of the property of her minor son was discussed. The Court in this case held that â€Å"the test of the lady’s act was not who she was or in what capacity she purported to act? But whether the act was necessary or the minor’s interest as understood by law†.The same view was followed in Pandurang Dohke v Pandurang Garle[18], where the widowed mother passed a promissory note for necessity, as a guardian of her two minor son s. She was a defacto manager and was held to have the managerial powers and the sons could not repudiate the debt. The view of female being the manager of the Joint Hindu family was further strengthened when the Woman’s Right to Property Act, 1937 was passed, which made the widow the owner of the coparcenary interest. But the Madras High Court in- Seethabai v Narasimha[19] gave a contrary decision. In this case the widows claimed that they were the undivided members of the coparcenary by virtue of the operation of the Act of 1937, they objected to the appointment of the guardian for the property of the minor sons.The Court appointed one widow, as the guardian of one minor and a stranger was appointed as the guardian of the other. None of the widows, it was held could be the manager. It was held that to be a manager one must be a pukka coparcener, a male with a birth right and not a mere statutory interest. This decision took a step back and adversely affected the position of women. The similar strand of thought was followed in Mayuri Padhano v Lokananidhi Lingaraj[20] where it was held that a mother, when the husband is alive, couldn’t be a manager. She might indeed act as a guardian of her son, if her husband was dead and perhaps act as a defacto guardian. But as a manager she had no power whatsoever.The principle that a woman could be a manager was decisively rejected. The High Court of Patna has asserted the same view in Sheogulam v Kishan Choudhuri[21], it was denied that a mother of a minor son, during the long absence of her husband might act as a ‘Karta’ and incur debts for family purposes and further that such loans would not be binding up on the family. The matter finally came up before the Hon’ble Supreme Court in Commissioner of I. T. v Seth Govindram Sugar Mills[22], where it upheld the view taken by the Madras High Court and has overruled the decision of Nagpur High Court as they felt that it was contrary to the e stablished rules in the dharmashashtras. SUCCESSION TO PROPERTY OF FEMALE HINDUFor the first time in the Indian History U/S 14 of the Hindu Succession Act 1956, female Hindu is given absolute ownership over the property acquired by Will, sale or by any other lawful means. So far as succession to property of female Hindu is concerned the daughter, son, and the husband takes equal share by succession, which means while she is living no member can demand partition of the property. She can dispose the property either by will or by sale, if she dies without disposing the property then members gets right to inherit the property by succession. Section 15 of the Hindu Succession Act deals with the devolution of the property owned by Hindu female.If the Hindu female has inherited any property from her father or mother, such property devolves upon the heirs of her father, if there are no legal heirs, which are specified in Section 15, like son, daughter, children of predeceased son or daughte r. Likewise if the Hindu female has inherited any property from her husband or father in law, such property will devolve on the heirs of her husband if there no legal heirs like son, daughter, and children of predeceased son or daughter. DWELLING HOUSE But in case of dwelling house, the daughter U/S 23 of the Hindu Succession Act 1956, cannot claim any share by partition until male members choose to divide the share in the dwelling house. In case the daughter is unmarried, she is entitled to a right of residence there in.The daughter may loose her right to share in the property in any of the following circumstances: Section (26) – if daughter ceases to be a Hindu by converting to another religion. Section (25) – if daughter commits murder or abets the commission of murder of a person whose property she could have inherited. However she will not be disqualified to inherit the property only by reason of any disease, defect or deformity. PROBLEMS BY GIVING COPARCENARY RIG HTS TO WOMEN 1) Male members of the coparcenary oppose the giving of coparcenary rights to women as they are the one who manage the property. 2) Women after marriage have to change their family relations and they support their husbands in amily matters, which is quite unsatisfactory for the maternal family members. CONCLUSION There will no doubt be opposition in implementation. In fact, the land fragmentation and joint family stability arguments go back to the 1940s when the Hindu Code was being debated. Changing social attitudes takes time. Legal awareness will require a campaign too. But legal reform is also important in and of itself since it reflects our vision of the kind of society we want. BIBLIOGRAPHY 1) Deewan Paras, Family Law, Allahabad Law agency 6 ed. 2) www. google. com 3) www. yahoo. com ———————– [1] Mulla, Principles of Hindu Law 17th ed by S. A. Desai, p. 168. (1998) [2] Ibid. 3] Article 38(2) – The Stat e shall strive to minimize the inequalities in income, and endeavor to eliminate inequalities in status, facilities and opportunities, not only among individuals but also amongst groups of people residing in different or engaged in different vocations. [4] AIR 1952 Bom 84. [5] AIR 1965 SC 314. [6] (1981) 3 SCC 689. [7]Seervai, H. M, Constitutional Law of India 4th edn. , p 677 (1991). [8] The Constituent Assembly of India (Legislative) Debates Vol. VI 1949 Part II. [9] Ibid [10] Law Commission of India 174th report on ‘Property Rights of Women: Proposed Reforms under the Hindu Law’, May 2000. [11] The Kerela Joint Family System (Abolition) Act, 1975; The Hindu Succession (Andhra Pradesh Amendment)Act, 1986; The Hindu Succession (Tamil Nadu Amendment)Act, 1989; The Hindu Succession (Maharashtra Amendment)Act, 1994; The Hindu Succession (Karnataka Amendment) Act, 1994 12] The Kerela Joint Family System (Abolition) Act, 1975- S (4) Joint tenancy  to be replaced by tenanc y in common —  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚     Ã‚   (1) All members  of  an  undivided  Hindu family  governed  by  the  Mitakshara law holding any coparcenary property  on  the day this Act comes into force shall with effect from that day, be deemed   to   hold it as tenants-in-common as if a partition had   taken place among all the members of that undivided Hindu family   as   respects such   property and as if each one of them is holding his or her share separately as full owner thereof; Provided that nothing in this sub-section shall affect the right to maintenance  or the right to marriage or funeral expenses out  of  the  coparcenary property or the right   to   residence,   if   any,   if  Ã‚   the members   of   an   undivided   Hindu family, other   than   persons   who  Ã‚   have  Ã‚   become entitled to hold their shares separately, &   any such right can be enforced if this Act had not been passed. 2) All members of a joint Hindu family, other than an undivided Hindu family referred to in sub-section (1), holding any joint family property on the day of this Act comes into force, shall, with effect from that day be deemed to hold it as tenants-in-common, as if a partition of such property per capita had taken place among all the members of the family living on the day aforesaid, whether such members were entitled to claim such partition or not under the law applicable to them, and as i. e. each one of the members is holding his or her share separately as full owner thereof. [13] 17 Derret, J Duncan, â€Å"May a Hindu Women be the Manager of a Joint Family at Mitakshara Law†, Bom. L. R.. , J. ,   p. 42. [14] Derret, J Duncan, â€Å"May a Hindu Women be the Manager of a Joint Family at Mitakshara Law†, Bom. L. R.. , J. ,   p. 42. [15] Derrett, J Duncan, ‘A critique of Modern Hindu Law’, 1st edn. , NM Tripathi Pvt Ltd, Bomba y (1970). [16] [1926] AIR Nag. 81 [17]Hanooman Prasad Pandey V. Musumoot Baboee (1856) [18] [1947] AIR Nag. 178 [19] AIR 1945 Mad. 306 [20] [1956] AIR Ori. 1. [21] [1961] AIR Pat. 212. [22] AIR 1966 SC 24.

Wednesday, October 23, 2019

Diabetes Research Essay

Diabetes is often referred to by doctors as diabetes mellitus. This describes a group of diseases in which the person has high blood glucose (blood sugar). This could be because either insulin production is inadequate or the body’s cells do not respond properly to insulin. There are 3 types of diabetes: 1)Type 1 Diabetes: The body does not produce insulin. People usually develop type 1 diabetes in early adulthood or teenage years. Approximately 10% of all diabetes cases are type 1, it is nowhere near as common as type 2. Patients with type 1 diabetes will need to take insulin injections for the rest of their life and carry out regular blood tests and a special diet to ensure proper blood-glucose levels. 2)Type 2 Diabetes: The body does not produce enough insulin for proper function, or the cells in the body do not react to insulin. Some people may be able to control their type 2 diabetes symptoms by losing weight, a healthy diet, and doing lots of exercise. They would also have to monitor their blood-glucose levels. Although the patients will most likely end up having to take insulin in tablet form because type 2 diabetes is typically a progressive disease. 3)Gestational Diabetes: This type affects woman during pregnancy, some woman have very high levels of glucose in their bodies and are unable to produce enough insulin. The majority of gestational diabetes patients can control their diabetes with exercise and diet. Undiagnosed or uncontrolled gestational diabetes can raise the risk of complications during childbirth. History For 2,000 years diabetes has been recognized as a devastating and deadly disease. In the 17th century a London physician, Dr. Thomas Willis,  determined whether his patients had diabetes or not by sampling their urine. If it had a sweet taste he would diagnose them with diabetes mellitus- â€Å"honeyed† diabetes. In the early 20th century, diabetologists such as Dr. Frederick Allen prescribed low calorie diets-as little as 450 calories per day for his patients. His diet prolonged the life of people with diabetes but kept them weak and suffering from near starvation. In his book, The Discovery of Insulin, Michael Bliss describes the painful wasting death of many people with diabetes before insulin: â€Å"Food and drink no longer mattered, often could not be taken. A restless drowsiness shaded into semi-consciousness. As the lungs heaved desperately to expel carbonic acid (as carbon dioxide), the dying diabetic took huge gasps of air to try to increase his capacity. ‘Air hunger’ the doctors called it, and the whole process was sometimes described as ‘internal suffocation.’ The gasping and sighing and sweet smell lingered on as the unconsciousness became a deep diabetic coma. At that point the family could make its arrangements with the undertaker, for within a few hours death would end the suffering.† Then in 1921 something truly miraculous occurred in Ontario, Canada. A young surgeon Frederick Banting, and his assistant Charles Best, kept a severely diabetic dog alive for 70 days by injecting it with a murky concoction of canine pancreas extract. Since insulin’s discovery, medical breakthroughs continued to prolong and ease the lives of people with diabetes. In 1935 Roger Hinsworth discovered there were two types of diabetes: â€Å"insulin sensitive† (type I) and â€Å"insulin insensitive† (type II). By differentiating between the two types of diabetes, Hinsworth helped open up new avenues of treatment. In the 1950s, oral medications-sulfonylureas were developed for people with type II. These drugs stimulate the pancreas to produce more insulin, helping people with type II diabetes keep tighter control over their blood sugars. In the 1960s urine strips were developed, and Becton-Dickinson introduced the single use syringe in 1961. This greatly reduced the amo unt of pain from injections as well as the time-consuming ritual of boiling needles and glass syringes. Chemistry behind diabetes Diabetes is characterized by elevated levels of glucose in the body. The management of insulin therapy in relation to carbohydrates can be hard to deal with for most diabetics. Carbohydrates lead to increased blood sugar. Once digested, carbohydrates break down into glucose molecules, which are then converted into ATP in the cells with insulin. Too little insulin causes an excess of unconverted glucose, and too much insulin causes low blood sugar. Carbohydrates are necessary when a diabetic is experiencing hypoglycemia to compensate for the excess insulin in the blood stream, which can lead to serious consequences, such as seizure or even death. Social Impacts Diabetes is more than a health condition. For most people, it’s a new way of life, and it affects relationships in all areas as much as it affects eating and physical activity. One challenge facing a diabetes student is the ongoing medical care required during school hours. It is up to the parents to make sure the school officials, nurses, and teachers are educated and comply with their child’s needs. Another challenge is helping the child fit in. often other children have no knowledge or understanding of diabetes and with a perception that the child is being treated differently this could lead to teasing and possibly bullying. Sports are an important part of many people’s lives. Teamwork and physical activity are vital parts of a well-rounded life. Diabetes doesn’t have to alter that Exercise is essential in diabetes management, and participation in sports can provide this and other benefits. But it does require some extra effort by the diabetic. Economic impacts Diabetes is a disease that occurs worldwide, and therefore its economic impact is experienced globally. With increasing concern among providers about the rising cost of health care, economic assessments of the impact of various diseases are growing in importance. This imposes a large economic burden on the individual, national healthcare system and economy. Environmental impacts Environmental factors appear to play an important role in the pathogenesis of childhood-onset of type 1 diabetes. Breastfeeding, the early presence or lack of certain foods, birth weight, childhood over-nutrition, and negative stress events have been shown to be related to the prevalence of type 1 diabetes. More studies are starting to show that pollution can affect the symptoms of diabetes by increasing inflammation and contributing to weight gain. People who live in urban areas are more likely to breathe polluted air, which is believed to be a factor in insulin resistance. Moreover, diabetics have a harder time controlling blood flow during times where air pollution is increased leading to intensified cardiovascular problems.