Monitor of experience in rock climbing

To be able to perform at a level which is suitable for me to gain employment in the world of outdoor pursuits, one of my mid-term goals, it is vital that I am able to monitor my own progress in order to critically evaluate my levels of fitness, skill and knowledge in certain aspects of the industry. In this case rock climbing. In order for me to progress I must monitor my current levels and be able to produce a programme which will allow me to push these levels to a higher standard, motivating myself as I do so by working at a standard that allows me to remain focused and set on my chosen goal. Prior Experience Although I entered into outdoor education with no prior experience, as soon as I heard that I was going to be climbing as a major part of my course and would be required to do so as a large part of my chosen career I wasted no time in researching the sport. Having tutors with a large knowledge base for the subject I made notes in their lessons highlighting key words, which I later researched further in books or on the internet, a tool with which I have a wide experience of working with from my previous career and something which I have recently used to acquire a wider knowledge base in relation to climbing. I attended and continue to attend all practical sessions in order to gain first-hand experience of the sport under expert instruction and continue to learn outside of college using my own climbing equipment and going over what I have been taught. The sport is now a hobby of mine and as such I enjoy researching it, watching videos of professional climbers and reading publications on different styles of climbing, rope work and the associated use of equipment required to make the sport safe. I have the backing from family and friends which is very important to me as they provide me with encouragement and morale support and offer me transport to and from climbing areas acting as climbing partners when needed. My tutors are a constant source of information, available upon request and even allow me to climb with them on the indoor wall at college and outdoors on certain occasions. By observing fellow athletes I am able to look at different aspects of climbing such as body positioning and different types of holds which I would otherwise know nothing about. Technical Knowledge and Skills My technical knowledge is definitely at a higher level than my technical skills. I have bought enough of my own equipment to enable me to go climbing on my own and get used to using the various tools needed in the sport. I have spent time concentrating on the top of the crag ignoring everything except placing protection and creating anchor points in order to be able to climb. This subject however is huge and the amount that I know is only a small percentage of what is out there so I continue to buy and borrow books, videos and other materials demonstrating various forms of placing protection. Through the leadership and party management section of my college course I have been able to take groups of individuals from varying backgrounds climbing something, which has helped me to develop my rope work and safety skills further, whilst on the crag or at the indoor wall. Being responsible for the well-being of others has made me look more closely at the theory behind placing protection and has allowed me to experience first-hand by working alongside a highly qualified tutor exactly what it is like to rig up a variety of climbing routes safely in order for people to be able to climb on them. Different from placing protection is the actual skills needed to be able to climb. From studying the different types of hand and feet techniques and by looking at climbers body positions as they climb I have began to slowly understand certain aspects of climbing which will enable me to successfully complete a climb and conserve the most amount of energy possible when doing so. However recognising and knowing the names of the different types of techniques required for climbing is not enough and successfully putting them into practice can only be done by actually climbing and working on those techniques which I am least familiar with. Climbing outdoors and more significantly on the bouldering wall at college has enabled me to experience these techniques and has paved the way into motivating myself into creating a training schedule for myself in order to push my climbing grades. The wall at college is overhanging, all of it! which requires a lot of arm strength and correct body positioning in order to stay off the floor. Training at first in this way was very uninspiring for me and it took a while for me to begin to be able to successfully move around on the wall. Through training with the tutors who have showed me various bouldering problems (the term used for a climbing route) and creating problems of my own I have been able to achieve that feeling of progress which I need to inspire myself and have begum training on a regular basis. At around 8:30am on the days that I am in college I climb on the bouldering wall completing 5 circuits with each circuit containing the same 5 problems. The problems consist of various hand and foot holds which will help me to work a selection of muscle groups in my body as apposed to a few which is what would happen if I was to stick to the same types of holds all the time like hose which I am strongest. I train at around 8:30am as I am least likely to be interrupted and the college is cooler than it is during the afternoon. Although progress is being made it is slow and some days I seem to do better than others but I am committed to sticking to my schedule and continuing to learn about the theory behind the technical side of climbing. On an afternoon, after finishing my studies I go to the weights room in college where I build strength in my arms, chest and back, working various muscle groups which I believe will allow me to raise my endurance levels and allow me to climb stronger and more aggressively. More recently and I believe as a response to this training my upper body strength has improved and I am moving more fluidly on the bouldering wall and even soloing (climbing on my own) on routes I wouldn't have considered a few months ago. I am soon entering the training phase of my Single Pitch Award (SPA) which is a big form of motivation for me to get out on the crag on weekends and concentrate on my lead climbing (climbing whilst placing leader protection in the rock as you climb) in order to go in for my assessment. Although the award only requires me to climb at the lowest grade in rock climbing I will work at a level comfortable at the time which enables me to push myself without any stress or pressure to do so. Levels of Fitness My fitness at the moment is at a reasonable level although I would not class myself as super fit. I smoked for 8 years before starting this course and have managed to successfully quit for just under a year with no desire to start again. I walk and climb on a weekend when possible weighting down my backpack to improve my cardiovascular and respiratory fitness. This also helps my lower body strength. I have cut down drastically on my alcohol consumption and go out maybe once a week as opposed to every other night which I was doing last year. I have noticed a vast improvement from the beginning of my course in my ability to walk up a mountain which indicates that my cardiovascular and respiratory fitness has in fact improved. In relation to climbing finger strength is a major downfall in my climbing. As this is a part of my body which I would have never considered building on for strength my fingers and hands are relatively weak when attempting to hold my body weight. A variation of small holds of different directions on the college bouldering wall however is helping me to build on these strengths and I always go for the smallest hold possible where me strength permits. At rest my pulse rate is 72bpm and my breathing is 18bpm After exercise my pulse rate is 156bpm and my breathing is 18bpm After 5 mins rest my pulse rate is 84bpm and my breathing is 18bpm These levels are considered average for my age and gender but do not show that I am extremely fit. My weight is correct for my age, gender and height. Diet My diet leaves a lot to be desired. I rarely eat take-away food unless I am away from home but do eat fatty foods on occasions where time is a factor and fried food appears more convenient. I am aware of the consequences of such a diet and I am currently beginning to eat more nutritious foods such as salad based sandwiches at lunch time and oven cooked or grilled meat and cooked vegetables on the evenings. Training Attendance and Effort At the moment I only train when I am in college which is around 2 to 3 times a week and this is often random and non-consistent. Some days I am able to climb better than others and when I am having a bad day climbing I find it hard to motivate myself into completing my circuits. I usually climb on a morning and lift weights on an afternoon after my classes although this often depends on the type of day I'm having and if something which I deem to be more important has come up. I enjoy training but I wouldn't say that I was extremely dedicated although I have been training quite consistently the past couple of weeks and am definitely noticing a difference with my climbing and the amount of weight that I am able to lift. My effort is often varied once again being highly dependent on the mood I am in and the type of day I am having. I wouldn't say that I have a strict training schedule, more of a ‘more frequent than usual' approach to exercising. I have made sure that I have attended all of the practical days at college and have missed maybe one session since starting there. These days have been extremely valuable to me as I have been able to work alongside and observe much more experienced climbers than myself, something which has not only taught me elements of rock climbing but has also motivated me into exploring certain elements of the sport further helping me to improve my technical knowledge and skills. Access to Equipment My main source for training is the bouldering wall at college which is freely available for me to use whenever I choose. This is usually only when I am in college though as I live in Teesside and find it difficult to get in some days. I have enough of my own equipment to train outside of college and do so on weekends, weather permitting. Living in Teesside I am very close to some excellent climbing venues both outdoors on the crags dotted throughout the Cleveland Hills and Indoors at Sunderland Wall and Thornaby which has a small bouldering wall made by the same people who built Sunderland Wall. The north of England is an excellent location for climbing and other outdoor pursuits. The Lake District is only an hour or so away although I have not been there to climb as yet. I have however climbed at Brimham Rocks and Almscliffe both near Harrogate. Other climbers that I know are kind enough to lend me any equipment which I might need for a day on the crag with the general rule that I supply my own rope and other nylon equipment which can become damaged in the event of a leader fall and should be recorded for safety reasons and to keep a check on the strength and deterioration of equipment. Access to Effective Coaching Being a student studying an Outdoor Education course I am able to ask for expert advice at anytime from my tutors who I have no doubt will be happy to help me. Although the climbing part of my course is now over and other outdoor activities are being concentrated on I am still able to use the bouldering wall at college as part of my training schedule and I am even able to train alongside my tutor who will guide me in the right direction or offer me information and videos or publications which will help me to progress. Although it would be encouraged for me to find out most of the information for myself in relation to setting up my own individual training schedule I am able to ask for help where needed, something which would cost me money if I were not studying Outdoor Education. Leadership Communication Skills Since starting the course I have been lucky enough to have the opportunity to work with various groups from schools around County Durham and the Teesside area. Working with these individuals who were aged between 14-16 years old I have been able to develop my communication skills in relation to climbing and working with groups and have experienced in different surroundings how important it is to be a good communicator both verbally and non-verbally. From first meeting a group and working with them I feel that I can be quite confrontational if the group in question is unwilling to learn or becomes disruptive when I am attempting to teach them something. I have learned that this is an inappropriate way of communicating though and I am beginning to adopt a more passive way of communicating following working with groups of dysfunctional teenagers who do not respond well to confrontation. I am a good listener and I speak clearly enough to be able to get my point across and in a manner which I feel allows people to understand and follow my instructions. I keep my body language as neutral as possible standing with my arms by my side or in front, never crossing them and always making eye contact with those that I am speaking or listening to. I do interact with members of a group but prefer to work more on the technical side working with equipment and setting up climbs more than attempting to motivate groups or acting as a counsellor, although I do always make myself available if someone wishes to talk to me or ask me something. Values and Beliefs I have strong values and beliefs in the way that I respect other people, whether these are climbing partners, groups I am working with or other climbers on the crag/wall. I follow both the written and un-written rules of climbing and respect the venues at which I climb. From being taught by working alongside other climbers who have years of experience I have been taught what is and isn't good practice and go out of my way to ensure that I follow these values in my day to day climbing. Possible Areas for Improvement or Change I feel that I could improve in the way that I train in general. I could put together a more consistent training schedule which would enable me to become stronger quicker and in the parts of my body which I use the most in a session. My attitude towards teaching and communicating with a group in the first hour or so from meeting them could be improved by talking to them more and finding ways to make a session more fun either by incorporating different teaching methods or by investigating their backgrounds and finding out what their interests and attitudes are towards the session that I am taking. My training and diet could be improved by eating healthier, balanced meals. Less fried food and more vegetables. More training and stretching would enable me to become more flexible, reaching harder holds and enabling me to improve my body positioning resulting on me staying on the wall for longer, preventing injury and ultimately improving my levels of endurance through prolonged periods of climbing. I also believe that this will improve my general rate of recovery, which could be shortened. My co-ordination skills need working on and I can do this by taking more time on a climb and watching where my next hold is. Being able to visualise a climb before I actually climb it would, I think make me more focussed and enable me to climb smoother with more fluidity. When training at college I should have more trust in my colleagues when they are belaying me, but this is difficult because of the age difference and in some cases the ratio of their weight to mine. Methods of Assessment Profile Wheel Below is a profile wheel demonstrating my strengths and weaknesses on a scale of 1 to 10, 1 being poor and 10 being good. All of the sections included in the wheel contribute in some way to my training and can be found in further detail above. S.W.O.T Analysis I have selected my major strengths and weaknesses from the profile wheel and have listed some opportunities and threats which either enable or stop me from climbing. Strengths Intelligence I am intelligent enough to realise when something is dangerous allowing me to prevent injuries from occurring or if I am doing something which will benefit or hinder my climbing. Pain Tolerance I am not squeamish to injury or pain and as such I am able to push myself during training allowing my body to develop and advance to harder climbs. Determination I am a determined individual who wishes to succeed. I know what I want from my college course and my training and I am determined enough to go out and get it. Rope work My rope work skills are probably better than my climbing skills. I have researched further a lot of the techniques and skills taught to me in the practical sessions of my course. I have borrowed books from the library, bought books and read magazines / watched videos which have enabled me to learn more techniques in relation to my rope work. Selecting Appropriate Equipment I have the knowledge to select the appropriate equipment to enable me to climb safely either inside at a climbing wall or outside on a crag something which allows me to climb and to push my grades knowing that I will be protected in the event of a fall. Weaknesses Flexibility My flexibility is quite restricted. Being a tall person I find it quite difficult to raise my legs up past waist height in order to reach a tricky hold. This can be improved by me however by stretching more and taking part in more aerobic exercise. Body Positioning Another element of my flexibility is knowing how to position my body in order to stay on an awkward hold, for example a side pull, will enable me to climb for longer, pushing my levels of endurance. Trust I have difficulty trusting my climbing partners because they are either inexperienced, which is the case for my partner from home who has not had much climbing experience or they are quote a bit younger than me and quite immature and easily distracted. Endurance I have trouble climbing long climbs or climbing for extended periods of time. This I feel can be improved by working on my flexibility which in turn will help to improve my body positioning allowing me to stay on holds longer resulting in me climbing for longer and pushing my endurance levels. Visualisation If I am able to visualise a climb before I climb it, something which I rarely do I would be able to improve my levels of coordination and would connect with holds more helping me to stay on the wall / crag for longer. Opportunities College Bouldering Wall The college bouldering wall offers me a great opportunity to train. The wall is overhanging which helps me to build my upper body strength allowing me to climb stronger on vertical or slabby climbs. Tutors often use this wall and allow me to climb with them creating the perfect opportunity to try new routes and techniques and ultimately push my fitness levels and climbing grades. Tutors (See above) North East Climbing Venues I live in Teesside very close to the Cleveland Hills, which accommodate some of the best climbing venues in the country. Further good climbing can be found at Sunderland's and Aycliffe's indoor walls and excellent outdoor venues found in the Lake District and the North of England. College Practical Sessions Although the practical climbing sessions have now stopped in replacement of other activities they have proved to be a valuable source of information for me and have ultimately enabled me to go out on my own or with a climbing partner knowing that I am able to successfully and safely climb in or out of doors. Own Equipment Armed with the knowledge obtained from the practical sessions I have managed to gather together my own equipment, which I am now able to use to climb outside of college, helping me to continue to train after college, in the holidays and when I pass the course and go into my chosen career. Threats Transport Not being able to drive I sometimes find it difficult to get to climbing venues, which are often in hard to reach, rural settings, something which prevents me from climbing on certain days. Financial Situation My financial situation is less than ideal. This can prevent me from using climbing venues where a fee is involved and prevents me from being able to pay for driving lessons which create the threat described above. Lack of Knowledge Although I have the basic knowledge to enable me to go out and climb on my own, there is a lot to know about rock climbing both technically and physically and this can prevent me from knowing certain ‘trade secrets' which could enable me to progress at a quicker rate than I am at the present. Bad Weather The weather is an incontrollable element of my training. Bad weather has prevented or hindered my progress on several occasions, preventing me from climbing outdoors. Although simply going indoors as an alternative when the weather is bad, my financial situation and lack of access to transport can often prevent this. Injury Although I have had no serious injuries as a result of climbing this is a constant threat which could knock my training back to the start in the occurrence of a broken leg for example which can take up to six weeks to heal. Such an injury prevents further training and produces a weakness in that area and possible psychological damage. Summary By using a profile wheel and selecting my weakest and strongest attributes from that wheel I have been able to identify what I am good at and what needs my attention during training. Through highlighting these attributes I will now work towards maintaining my strengths, training my weaknesses, maximising my opportunities and minimising my threats in task two of The Reflective Practitioner. I will be able to do this by identifying my short term and long term goals and analysing these using SMART Targets.

Biography of Nathaniel Hawthorne Essay

Nathaniel Hawthorne was born in Salem, Massachusetts, on July 4, 1804. His parents were Nathaniel Hawthorne, and Elizabeth Clark Manning. His father dies of yellow fever when he was four years old. He then grew up in the manning household with his grandparents, uncles, and aunts. Nathaniel Hawthorne was fond of taking long walks by himself and reading excessively. He studied Shakespeare, Pope, Milton, and Thompson. He went on adventures while he took these long walks and he wrote about his adventures, this is how his writing skills developed. When Nathaniel Hawthorne turned 15 he moved to Maine with his uncle and later attended Bowdoin College in Brunswick. While in college he did poorly in most classes accept his literary classes, in which he excelled. He graduated 3 years later. While in college He became friends with Henry W. Longfellow, Franklin Pierce, and Henry D. Thoreau. After college he returned to Salem, Massachusetts and resided in the manning household. He then withdrew f rom society. H followed the same schedule everyday. He studied in the morning, took long walks in the afternoon, and then wrote in the evening. In 1828 he published his first book anonymously, Fanshawe. He later then destroyed all copies and was not proud of it. His first publication that was a success was â€Å"The Token†, and â€Å"Peter Parley†. In 1830 he served as an editor for a number of publications. He also began to write children’s books. He then took a job in a custom house. In 1840 he left his job knowing that he would soon be fired due to the outcome of the election going on during that time. He married Sophia Amelia Peabody. In 1844 he had his first daughter. He then returned to Salem due to financial pressures. â€Å"Him losing his job turned out to be a blessing as he had the time to write some of his best works†. Such as The Scarlet Letter, The House of Seven Gables, and The Birthdale Romance. In 1860, he published The Marble Faun, our old home, and later went on a tour with Franklin Pierce because Pierce was running for president. Nathaniel Hawthorne lived in an important time period. In 1820-1830, Nathaniel Hawthorne was about 16-26 years old. During that time the Erie canal made new York the empire state, also during that time period Andrew Jackson’s inaugural party wrecked the white house. In 1830-1840 when Nathaniel Hawthorne was about 26-36 years old. During that time Andrew Jackson beat up the man who tried to kill him, also during that time Charles Darwin visits the Galapagos Island, and the idea of natural selection and survival of the  fittest is introduced to the world. During 1840-1850, Nathaniel Hawthorne was 36-46 years old. The gold fever struck California and people were greedy and ambitious. Also during that time in 1852 Franklin pierce was elected president. Nathaniel Hawthorne helped Pierce with the campaigns for the election. During 1850-1870 Nathaniel Hawthorne was 46 and he died and in 1864 he died. During that time compromises over slavery delayed the civil war, and then later the United States was torn over the civil war. Nathaniel Hawthorne accomplished a multitude of things during his lifetime and at a young age as well, but in his early years when he was four his father died. Nathaniel Hawthorne was the only boy but had two other sisters. His early years were spent in Salem, Massachusetts. When he graduated from Bowdoin college he went on summer tours through the northeast. He in 1839 he took a job in a custom house in Boston, and served as an editor for a number of publications. He also started out his writing career, writing children’s books. However in 1840, he resigned knowing he would be fired. In 1842 he married Sophia Amelia Peabody, and in 1844 his first daughter was born. A few years later, financial pressures forced him to return to Salem with his family. He then became a surveyor of the port of Salem. In the early 1850’s he lived in red house in Lennox and made a friendship with Novelist, Herman Melville. In 1853-1858 Nathaniel Hawthorne wrote a campaign biography for Franklin Pierce, he was later rewarded with united states consulship at Liverpool. Since the civil war was going on during that time he wrote articled about the civil war and his last years he joined an experimental brook farm community filled with transcendentalist. He then went to Europe and spent seven years there before he died of a brain tumor in his sleep. Nathaniel Hawthorne is a unique writer and had a unique writing style heoften wrote about the daily life and community and puritan destruction. Although he was a puritan he was not the typical puritan writer and wrote from a different perspective about the puritan life. His most The novel The Scarlet Letter is perhaps one of the most widely-read and most representative of many of the themes in the works of Nathaniel Hawthorne. Aside from the fact that it is set during the Puritan period in American history, it deals with many subjects other works, most notably his famous short story The Minister’s Black Veil, approach—the theme of sin, especially secret sin. Hawthorne was fascinated with the idea of sin and punishment and  this theme is expressed overtly in The Scarlet Letter by the wearing of the embroidered letter itself and covertly through many of the minor characters such as Roger Chillingworth are literally eaten away by sin. Like Esther’s lover the preacher in The Scarlet Letter who is troubled by secret sin, so too is the minister in the short story by Nathaniel Hawthorne, The Minister’s Black Veil. Aside from using the allegory form to tell moral tales, it is important to note that the works of Nathaniel Hawthorne are not at all simple mortality tales with a religious purpose. Hawthorne was writing during the Romanticism movement and he also seeks to explore themes of nature and humankind as well as to push the limits of human imagination and creativity. One mark of this style is the use of the supernatural, which certainly occurs in nearly every tale by Nathaniel Hawthorne, although to different extents. Novels such as, The House of the Seven Gables. Nathaniel Hawthorne’s contribution to American literature can be taken literally or simply his introduction of a new writing style and a different view on puritan ways. In 1824 he published Fanshawe anonymously, and leter that year he published â€Å"the token† and peter parley. In 1832 he published young goodman brown† Roger malvin’s burial† and â€Å"My Kinsman major malineux†Ã¢â‚¬ a women’s tale â€Å" The hollow of the three hills†. In 1835 he published â€Å"anthencieum†. In 1837 he published, â€Å"twice told tales† American Magazine of useful and entertaining knowledge. In 1841 he published â€Å"grandfathers chains†* and the next year he published†democratic review† and his most famous work was published in 1845

Core Business Skills

1. 0 INTRODUCTION This particular assignment's aim is to discuss the application of the strategic management process in a retail industry. I have chosen Starbucks Coffee as my food and beverage industry to research on, and to thoroughly explain the strategic management process implied by them. Starbucks Coffee Company was founded by English teacher Jerry Baldwin, history teacher Zev Siegl, and writer Gordon Bowker back in year 1971 Seattle, Washington. Starbucks Coffee Company is known as the world's leading coffee retailer, roaster and last but not least brand of specialty coffee.Apart from providing only coffee, Starbucks Coffee also cater light snacks like sandwiches, delicious pastries, healthy salads and etc. Since Starbucks Coffee is the world's leading brand in coffee, they serve up to 35 million customers from all over the world weekly. Because of their great reputation, they have successfully opened up to 17,000 stores worldwide. The company's mission statement is to ‘ inspire and nurture human spirit'. Firstly, Starbucks Coffee focus to provide a ‘great work environment' to their members so that they are treated with ‘respect and dignity'.Secondly, Starbucks Coffee also believes that conducting business ethically is the main key to be successful in a business. As a worldwide and leading-brand company, Starbucks Coffee insists strongly on upholding a culture where diversities are well valued and respected. These diversities include ‘inclusion: human connection and engagement', ‘equity: fairness and justice', ‘accessibility: ease of use and barrier free' so that employees with diverse background are fairly treated and respected to ensure a comfortable and enjoyable workplace (www. starbucks. com 2011). . 0 Strategic Analysis 2. 1 Internal Analysis 2. 1. 1 Strength: One of the main strength possesses by Starbucks Coffee is the strong brand image they have. In terms of the coffee industry, they are considered to be most reputable compared to Coffee Beans, Gloria Jeans, and other competitors among the industry. Starbucks Coffee manage to prove themselves as a highly resorted brand by getting rated as the top 100 most seeked after brand. Apart from having a high brand value, Starbucks Coffee has managed to globalise their target market in to all parts of the world.This opens up the opportunity for Starbucks themselves to monopolise the foreign market as well. 2. 1. 2 Weaknesses: No matter what industry a firm is in, they will face certain weaknesses that they have to always try to improve on. As for Starbucks Coffee, one of their main weaknesses is the product price. In many countries, Starbucks Coffee is considered as a premium product where the prices of their products are higher compared to other coffee shops (Lee S, 2007). Another weakness that Starbucks Coffee has is that they are too focused in their domestic market which is the United Stated of America.This will lead Starbucks Coffee into a vu lnerable position where it is hard for them to predict unforeseen changes in the industry's market at other countries. 2. 2 Stakeholders in Starbucks Coffee: Stakeholders in Starbucks Coffee includes all the workers which are known as partners. This is because Starbucks Coffee wants to create an environment where all their employees would feel comfortable and relaxed (Kembell B, 2002). The second stakeholders for Starbucks Coffee Company would be their highly valued customers. These customers play an important role in Starbucks Coffee because they are the ones who visit the coffeehouse almost everyday.In order to feel connected to Starbucks Coffee, customers can easily hear and engaged with the employees and products of Starbucks anytime, anywhere (Hanft A, 2005). The other crucial stakeholder in Starbucks Coffee will be their coffee farmers. These coffee farmers are actually the backbone to Starbucks Coffee because Starbucks rely mainly on coffee products. In order to uphold the so cial and economic well-being of their coffee farmers, they have decided to pay a premium price for high quality coffee beans from them (Robertson H, 2006). 2. 3 Core Competencies:As we all know, core competencies in any industry is actually their comparative advantage. As for Starbucks Coffee, one of their core competency is human resource. Firstly, Starbucks Coffee is a company that values their employees greatly. Starbucks shows their appreciation to their employees by giving them the opportunity to receive full healthcare benefits, stock options/discounted stock purchase plans (Weber G, 2005). Starbucks Coffee's tangible resources will be their high-quality coffee beans called the Narino Supremo Beans. The Narino Supremo Beans have the highest quality and is the largest bean in Columbia (www. melita. om, 2011). In a recent report, it is said that the president of the Columbia;s National Federation of Coffee Growers have confirmed the purchase of 6 to 7 percent of Starbucks shares (Castaneda S, 2009). This shows that Starbucks Coffee has sole ownership over the high quality beans which is an advantage for them. Starbucks Coffee has a good reputation and is well accepted throughout the world. This reflects on their intangible resources to attract customers. Having a good brand name, friendly employees and high quality coffee beans are the main traits possessed by Starbucks Coffee. 2. 4. 0 External Analysis 2. 4. 1 OpportunitiesStarbucks has always use their opportunities to expand their business in to a whole new level. Firstly, Starbucks has created an opportunity for themselves to expand their brand name to foreign countries. It is reported that Starbucks are planning to open up to 15,000 new stores across the world in the years to come (Datamonitor, 2005). Apart from that, Starbuck's technological advancements has given them a good opportunity to conveniently distribute products to customers through the internet. Starbucks has also equipped all their loung es with WiFi services to accommodate their valued-customers to boot (Elgan M, 2008). . 4. 2 Threats One of the threats that will be faced by Starbucks coffee is the price fluctuation of diary and coffee products. The price of theese products can also be affected by the income levels of customers in upcoming or developing country as goods over there are highly inflated (Pinkasovitch A, 2011). In every industry that we are in, there will always be competitors trying to penetrate the market . Competitors for Starbucks Coffee would be other coffehouses that sells coffee. Coffeebean, San Francisco Coffee, and Gloria Jeans are direct competitors for Starbucks. 2. 5 PEST Analysis 2. 5. 1 Political Factor:One of the political factors that posses as a major issue for Starbucks is the unstability of political issues that would directly affect the growth rate of Starbucks Coffee. From a recent report, it says that up to five Arab states have decided to boycott American goods with their primary target being Starbucks Coffee shops (Antievil, 2008) 2. 5. 2 Economic Factor: Apart from that, Economic factor is also a very important matter to look into when executing a strategic analysis. One of the economical problems that affected Starbucks was the recession in Switzerland, Japan and Germany in the early 2000s.In a more recent report, the Company had revealed a 70% drop in their quarterly profits to only $64. 3m. Apart from that, they are also planning to close down up to 300 stores (Clark A, 2009). 2. 5. 3 Social Factor: Starbucks has always prioritise on their social issues and responsibilities. Starbucks always participated in upholding the importance of the environment. A move by Starbucks to create a partnership with the Conservation International, mainly to put their attention on environmental protection such as waste reduction and energy and water saving programs (David, 2009).A move like this proves that Starbucks are cautious about the social responsibilities. 2. 5. 4 Technology: In terms of technology, Starbucks has always been up to date. All of Starbuck's outlets are fitted with Wi-Fi services. Another move to be technologically involved will be the creation of music CDs that will suit the specific moods of customers. They are available for purchase at any Starbucks outlet (Lodi K, 2006). 2. 5 Porter's Five Forces Framework: The Porter's Five Forces framework is applied to go in to a more in depth analysis of an industry.The five forces usually includes industry competitors, new entrants, suppliers, customers, and substitutes. In all industries, companies will have to face strong competitors in order to dominate the markets. For Starbucks, their main rivalries would be Coffee Bean, San Francisco Coffee, and other coffee lounges that falls into Starbuck's category. They do not only compete domestically, but also internationally. Sometimes, rivalry from other industries can also be a threat. For example, McDonalds could pose as a threat to St arbucks because they are a fast-food chain yet they still provide coffee in their menu.They could be one of the strongest competitors for Starbucks to face (Gregory S, 2009). Another forces that Starbucks faces is the emergence of substitute products. Because Starbucks is a premium product, therefore their prouct prices are usually very high. During a recession, there is a high possibility that customers from Starbucks look for a substition to lower down their expenditure. Products like Coca-cola or Pepsi-cola could be one of the substitues for high quality coffee beans. However there is a big difference in the taste and smell when it is being consumed. Therefore the main substitute for Starbucks will be basic coffee.This will be a threat to Starbucks because they are an organisation that caters to high-income earners. One other factor that might affect an industry will be the customer's buying power. However, this depends on the organisation itself. If they are an attractive organi sation then the bargaining power of buyers will be low and poses no threat to the company. For Starbucks, the bargaining power of its buyers are low. Althought prices of Starbucks are high, customers still buy it because of its differentiated and outstanding products. The other forces that will directly affect an industry is the supplier's bargaining power.The supplier's bargaining power will rise when there is a rise in demand of the product that they supply. Starbucks could be facing this threat because they rely on central american to produce the coffee traded. Since there are more demand in high-quality beans, main suppliers will naturally have a stronger bargaining power. â€Å"An over-crowded market will give the coffee suppliers bargaining power. There are no substitute products for the coffee beans Starbucks must buy. This is a potential threat to the company,† (Hanft A, 2005). 3. 0 Strategy Formulation 3. 1 BusinessLevel StrategyFor all the industries, they have to c hose a business strategy that can successfully dominate the market. The formulation of this strategy is very crucial in a busines because it helps to find customers. One of the tools that can be used to formulate an industry's business level strategies is the porter's generic strategies. Starbucks uses the focused differentiated strategy derived by Michael Porter to run their business. As we all know, Starbucks is known as a food and beverage company. But to be specific, Starbucks is a food and beverage company that focuses on coffee brewing.They are well known for their high-quality beans and comfortable lounges. Starbucks chooses a segment to market their products to. This includes coffee fanatics and people who are looking for a place to relax. However, Starbucks caters their products to mostly high-income earners because their products are expensive. This shows that the focused differentiation strategy is used to seek their competitive advantage in the market through uniqueness of their products (Campling J, 2007). The advantage of Starbucks' focus on a single market can give them the chance to handle all managerial, financial, technological, and capabilities in one business.Starbucks has always been trying to come out with more creative and innovative products to be differentiated among their competitors. This has certainly made them the biggest winner in the coffee based industry (Guarriello T, 2008). Although the prices are high in Starbucks, they are very differentiated in terms of the coffee beans they use and they way the serve. This shows that the focus differentiation startegy that Starbucks uses is an effective way to attract customers since they are the world leading brand in its industry. Another way to formulate a business-level strategy in an industry is to apply the product life cycle method.The first stage of a product life cycle is introduction, followed by growth, maturity, and decline (Campling J, 2007). 3. 2 Corporate-level Strategy The corporate strategies are used by industries to direct their organisations towards a sustainable competitive advantage (Campling J, 2007). The main purpose for the use of this strategy is to set a target and control resources allocation for an enterprise. The first approach to formulate a corporate strategy is the portfolio planning approach. The portfolio planning approach are designed to help managers to decide on investing scare organisational resources among competing business opportunity.This straregy is very useful for multibusiness enterprises like Starbucks. Growth strategy can be used as one of the corporate level strategy to effectively expand and increase the size of a company's operations, through store expansion and global market penetration. In order for Starbucks to successfully expand their stores, it is required for them to have full concentration on their products (Campling J, 2007). Starbucks has been very aggressive in store expansion, this includes them opening u p to a dozen of stores in China in year 2007 (Yan Z, 2008).In addition to that, Starbucks has also put their main focus on diversifying their growth to other products. 4. 0 Strategy Implementation 4. 1 Organisation Structure: An enterprise's organisation structure is the mixture of task and reporting relationships that allows the company to control its lines of authority and communication at the same time allocating rights and duties. There are three types of organisational structures, the divisional structure, matrix organisation and hybrid structure. Starbucks has adopted the matrix organisation structure to focus on.All the employees in this firm would report to both a functional and divisional manager and lastly to a project manager. Failures of strategic planning happens most of the time. The most common strategic planning failures are failures of substance and failures of process. Failure of substance happens because there is inadequate attention being paid to major strategic planning elements. Failures of process will be caused by poor handling of strategy implentation like lack of participation error and goal displacement error. Therefore, the organisational structure in a company is very important to avoid unwanted uprising problems. . 2 Corporate Governance: The corporate governace is the system of control and performance monitoring of top management (Campling J, 2007). This task is usually done by the boards of directors, and other major stakeholder in the company. For Starbucks Coffee, they currently have 9 directors including the CEO of Starbucks Howard Schultz. These directors of Starbucks are responsible for ensuring goals and objectives in the company are met. The directors are well aware of their responsibility to provide a stable managing process so that the company's goalds are met (www. starbucks. com). 4. Strategic Leadership Strategic management is a leadership responsibility. Whereas strategic leadership is the capability to prepare othe rs with the ever-changing strategies in the market. Michael Porter says that the strategic leader of an enterprise has to be the CEO of an organisation (Campling J, 2007). One of the most crucial task for a strategic leader is to be a guardian of trade-offs. Countless commitment and disipline has to be put in by a strategic leader in order for the business the be successful. Another trait that a strategic leader must posses is the ability to create a sense of urgency.By having a sense of urgency, the strategic leader is able to give out a strong message to its organisation and their members that the need for consistent improvementwill always persist. A strategic-chief will also have to ensure that everyone related to the organistion understands the strategy that they are using. Leaders in an organisations will have to keep their members updated with their latest business strategy. Furthermore, the task of a strategic leader also includes being a teacher and a good communicator. 5. 0 Conclusion 5. 1 Importance of Strategic Management In conclusion, strategic management involves many processes.This includes identifying the mision, objectives and strategies of an industry. Strategic management is very important for a business as it is used to derive the main strategy for your business. With good strategic manangement skills, leaders are able to adopt to the sudden change in the market and they can also prepare themselves to the different needs and wants of their customers. An industry with a good strategy will always be succesful. Strategic management can also be applied to analyse the internal and external environment of an industry which can give leaders of an industry a better understanding of the market.

Leaders and subordinates Assignment Example | Topics and Well Written Essays - 250 words

Leaders and subordinates - Assignment Example The exchange relationship between leaders and subordinates may be principally out-group or in-group in nature. Subordinated within the in-group are called upon to take part in decision making and are charged with more responsibilities. Conversely, subordinates that belong to out-groups are judged on the stipulations of their employment contracts. These are the major dynamics of this relationship. There is an important question on the relationship between subordinates and leaders that seeks to investigate the more significant party. Most of the arguments on this relationship conclude that followers are more important (Kellerman, 2007). This is based on the argument that leaders emerge out of the subordinates. These are individuals that show outstanding commitment and charisma and are changed to become leaders (Kellerman, 2007). Secondly, the best leaders are not afraid to teach subordinates on how to follow the established regulates. Finally, it is impossible to emulate a leader that does not have any

MGT CHECKPOINT WK9 Essay Example | Topics and Well Written Essays - 250 words

MGT CHECKPOINT WK9 - Essay Example Although supervisors cannot give it to an employee, they can influence employees to be motivated by creating an environment that creates motivation on the side of an employee (2004). To maintain a workforce that is motivated, Supervisors need to understand different needs of his subordinates and try to fulfil them. Therefore, supervisors must acquaint themselves with the need hierarchy theory that demands good wages for employees, pensions to cater for safety needs, friendly co-workers for social needs, promotions, recognition, and rewards for self-esteem needs and meaningful work for self-actualisation needs. In addition, a supervisor can do the following to maintain employee’s motivation; make the work interesting, relate rewards to performance, provide valued rewards, treat employees as individuals, encourage employee’s participation and cooperation, and give timely and accurate feedback. Besides motivating the existing employees, supervisors must make the correct choices when selecting new staffs to join the company. An employee who is properly orientated and trained is quite productive to the company. In addition, timely planning boosts

Entrepreneurial Marketing Essay Example | Topics and Well Written Essays - 2000 words

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ACC403 (MoD 2 SLP) Present Value and Capital Budgeting Essay

ACC403 (MoD 2 SLP) Present Value and Capital Budgeting - Essay Example It has been seen from the historical price chart that the price of the stock has been increased gradually in the last two years. From the historical prices it can be assumed that the price of the stock will increase but there are many other factors associated with the assumption. The death of Mr. Steve Jobs, the founder and C.E.O. may create negative impact among the investors. Despite of this negative factor the researcher is expecting that the price of the stocks of Apple will increase based on the historical price and the fact that even after the death of Mr. Jobs the stock price of the company has increased gradually. The stock price of Apple was 339.32 on January 3, 2012 and it was 447.28 on January 3, 2012 (Yahoo Finance, 2012). So the rate of return is 31% where the savings account interest rate of America is less than 1% (Bank of America, 2012). So it would be the right decision to buy the futures of Apple stock instead of investing in the savings account. Every company needs to acquire some new asset or implement some new product for expanding their business. Different types of risks are associated with the company. In this paper the researcher has described the factors associated with a hospital when they are going to acquire new machinery. The hospital is going to buy a GE LogiqBook XP Portable Ultrasound Machine. The cost of the machine is $15,999 (Absolute Medical Equipment, 2011). Purchasing of the machine can be funded from the retained earnings of the hospital. The portable ultrasound machine certainly enhance the portfolio of the hospital as it would help the hospital to acquire more customer, as it is more patient friendly. The cash flow from the investment can be assumed from the past data of the hospital. The researcher has to find out the number of patients in the last month and the last financial year. Based on the data the researcher can assume what would be the number of patient when

Analysis of Risks in Fund Investments with Focus on Mutual Funds Research Proposal

Analysis of Risks in Fund Investments with Focus on Mutual Funds - Research Proposal Example Fund investments are subject to the financial dynamics of the markets (particularly the capital markets). There are various ways of fund investment. In today’s global environment almost all fund investment strategies, even those related to the pension funds, are increasingly involving the stock markets. Since mutual fund investments are the most popular options of fund investments, there is the need to analyze the risks entailed in it, although mutual funds are based on diversified portfolio and professional management systems that aim at mitigating the risks.With the lapse of time, risks entailed in the mutual funds are surfacing (although mutual funds have always been regarded as safer options of fund investment). Over the period of investment, there are significant alterations in the risk levels associated with mutual funds. Risk shifting might be caused by ill-motivated trades of unskilled or agency-prone fund managers who trade to increase their personal compensation. Alt ernatively, risk shifting might occur when skilled fund managers trade to take advantage of their stock selection and timing abilities. Stock selection directly relates to the analysis and effects of market risks, while timing abilities relate to liquidity risk. Timely liquidation issues concerning mutual funds are an important consideration.In this context, a relative analysis with respect to hedge funds becomes significant. In this regard, changing market conditions, or in other words, market risks are again considered to be very relevant (Bollen and Whaley, 2009). In detailing the market risks, the factor of rise and fall of the stock prices manifests as equity risk. Impact of contractual incentives on delivering higher risk-adjusted returns has been researched by Massa

Democracy and Citizinship Essay Example | Topics and Well Written Essays - 2500 words

Democracy and Citizinship - Essay Example They employed varied methodologies, analytical and theoretical approaches in order to provide a clear understanding of political culture across the state. They both revealed the way civic culture should be culturally recognized as a fundamental right and stepping-stone for gaining political, social and economic objectives. In order to make democracy work, engaging citizens in policy making process and recognizing their fundamental rights is requisite. Therefore, this essay compares and contrasts on the issue of civic culture and making democracy work from a theoretical, analytical and methodological perspective from assorted texts. Differences between Civic Culture and Making Democracy Work from a Theoretical, Analytical and Methodological Perspective Almond and Verba carried out comparative cross-national survey in five democratic nations including the United States, United Kingdom, Italy, Germany and Mexico in order to determine the quantified ideas and attitudes that compose civic culture. They employed a comparative fashion for testing individual attitudes as a complex way of understanding the civic culture and democratic system in the five democratic nations. ... 11). They also believe that it is through dissemination of cultural ideas that contribute a stable democracy. Therefore, they limited the research to individual attitudes and avoided the question about government. Almond and Verba employed interview research methodology and posed inquiries about the perception of the perception of individual about the democratic government in relation to citizens (Almond and Verba 1964, p.70). They alienated respondents into three political culture categories, which included the parochial culture, subject and participant culture in order to generate comparability atmosphere to understand democracy (Almond and Verba 1964, p.71). From these categories, they found out that the respondent in parochial culture did not have knowledge or interests in political activities. However, respondents were at least conscious, and they had little information about politics in the case of subject culture. They also understood that their lives were under the government policies. In the last participant aspects of political culture, the respondents in participant culture had fanatically developed political efficacy ideas and competencies as political actors (Lane 1964, p.2). The three categories of political cultural aspects can combine and create change in the political system because they are not jointly exclusive. The political cultures are different because each category differs and they can be further categorized into a number of cleavage members. This is what makes Almond and Verba believe that the combination between the political culture categories can result to a balanced political culture (Almond and Verba 1964, p. 32). Almond and Verba employ comparative methodology to explore the

Designing Public Policy Essay Example | Topics and Well Written Essays - 2500 words

Designing Public Policy - Essay Example 1 Toward a Gender-Neutral Policy: Protecting the Rights of Men Executive Summary Overview of Problem - Domestic violence rates in the U.K. have remained high despite laws aimed at criminalizing domestic violence and increasing the reporting of violent offenses to the police. Domestic violence is the cause of as much as 25 percent of all reported violent crime (British Crime Survey report, 2007-08). Surveys from the Home Office and a British Crime Survey have revealed that men were the victims in more than 40 percent of domestic violence incidents reported between 2004 and 2009. Yet cultural biases and gender pressures prohibit men from reporting acts of violence against them from women. â€Å"Domestic violence is often seen as a female victim/male perpetrator problem, but the evidence demonstrates that this is a false picture,† said a 2010 report from the charity group Parity. Outline of the Problem Introduction - This paper proceeds from the understanding that domestic violen ce as a whole – and violence against men in particular - represents a far more pervasive problem than is reflected in current government policy. This perspective provides the basis for a discussion of constraints, and of opportunities, to strengthen the rights of male domestic violence victims in the U.K. Recent proposals and subsequent inhibiting factors will be discussed, followed by the presentation of a targeted policy initiative. 2 Context: Summary and Identification of Impacted Group - The intent of this paper is to recommend a program for adopting a more equitable policy stance vis a vis improved victim advocacy for men. The outcome of a more enlightened approach would be heightened awareness of a far more troublesome issue than has generally been understood. As the government moves ahead with a test program intended to better protect domestic violence victims, policy should reflect a more balanced approach to gender –based violence. Otherwise, men will be vulne rable to what may well amount to cursory justice. Cause of the Problem: Impact of Current Conditions - In 2009, the Labour Party announced its intention to give police unprecedented authority in domestic violence situations. Their proposal included Domestic Violence Protection Orders, also known as Go orders, which would require violent offenders to leave their homes immediately for up to two weeks, giving victims a respite during which they could reflect on their situation in safety and determine a course of action. Offenders who violate the terms of a Go order would be in contempt of court, subject to further criminal charges and could be incarcerated. Previously, only offenders placed under arrest could be removed from the premises. A Go order would give police extensive discretionary power to act on behalf of a victim believed to be in imminent danger. Despite its non-gender-specific language, the scheme has been criticized for giving police too much leeway to act based on confl icting information and 3 possibly spurious claims made at the scene of the crime. This is troubling in light of the fact that police, in general, have too little training to accurately assess and react to often confusing circumstances surrounding a domestic violence event. Men continue to be responsible for domestic violence incidents by a considerable amount, however, the 2009 study revealed that violence against men rose considerably between 2004 and 2008. Nearly 3,000

Impact of currency devaluation output growth in the long run Research Paper

Impact of currency devaluation output growth in the long run - Research Paper Example The other group of researchers argues that continuous depreciation or devaluation is an indicator of economic weakness therefore; in the long run this relationship is no longer positive. In order to evaluate the early research work that studies the relationship between currency devaluation and output level, the literature review has been created. In this section, the research work of various researchers will be discussed and their methodologies and findings will be also reported to gain a significant insight to the topic under investigation. Various economic models such as Keynesian model argue that devaluation of currency has an expansionary impact on domestic output (Lai & Chang, 1989). According to the orthodox view devaluation has a positive impact and has a very significant role in the balance of payments stabilization whereas, the New Structuralist School argues that currency devaluation has a contractionary impact (Agà ©nor, 1999). The depreciation of currency improved the demand of exports and shifts the aggregate demand curve to the right, thereby, increasing the real GDP (Lee, 2002). Christopoulos (2004) studied the impact of currency devaluation on output expansion in Asian countries for the period 1968-1999 by using panel data unit root tests and cointegration tests and found that currency devaluation affects output growth in the long run. Huang, Hsu and Kang (2010) used an empirical model and econometric methodology to study the impact of current devaluation on output in Asian countries and their empirical results showed a positive relationship between currency depreciation and output growth in Asian countries. On the other hand various researchers found the relationship between currency devaluation and output level negative, neutral or positive in the short term. Krugman and Taylor (2002) studied the contractionary impact of currency devaluation

GASB and FASB Accounting Paper Essay Example for Free

GASB and FASB Accounting Paper Essay In this paper I will describe the different between GASB and FASB and their objectives of the two standards. I will also provide how to modified accrual basis of accounting in which they differs from full accrual accounting. The GASB sets generally accepted accounting standards for the government except the federal government and non-profit organizations while the FASB is for private and public organizations. The objective of GASB is to create and set accounting standards that would ensure that financial statements would be accurate for creditors, investors and to the public. The GASB really do not have the power to enforce compliance with the standards but the authorities for its standard are recognized under the code of professional conduct of the AICPA. Most financial statements accounting for government and non-profit organizations are fund base, which actually shows how their organization money is used instead of how much revenue they earned in the cycle. The objective for the FASB was created to aid improve standards of financial accounting and reporting the way financial reporting by nongovernmental, that provides information in which is use to make decision regarding data that is use by investors, creditors, auditors of financial reports. In simpler terms the FASB is a set of standards that would record and present financial transactions in which the businesses must have to present how they will earn revenue instead of how much revenue they have spent for the cycle period. The accrual accounting will record all revenues and expenditures and there is no set rule of when cash is pertain to the translations and received or paid whether used by private corporation or public corporation in modified accrual accounting revenues that are available by measurable and expenditures when there are liability related to incurred and used by government organization in the accounting for their transactions. But exception to the rule there is no deferral of cost that  will be done in the future period cycles. All physical assets that will be services in the future must be written off or expense with in the period the service occurs. In conclusion, the GASB and the FASB are great standards to use when operating organization whether is private organization or a public organization. Both have a set of rule and regulations that improve the way financial report should be created, prepared and reduced the risk of fraud References Granof, M.H. Khumanwala, S.B. (2011). Government and not-for-profit accounting: Concepts practices. (5thed.)) Hoboken, NJ: John Wiley Son Copley, P.A., Engstrom, J.H. (2007). Essentials of accounting for governmental and not-for-profit organizations (8th ed.). Boston, MA: McGraw-Hill/Irwin.

Analysis of the Armed Special Forces Act 1943 in India

Analysis of the Armed Special Forces Act 1943 in India Civil society is a term oft-repeated in democratic contexts today. Seen as an essential component of the liberal framework of political structures, it is essentially the space of free association for the masses. India, a multicultural democratic country, boasts of a vibrant civil society. At the same time, it also has accusations of being one of the worst offenders of human and civil liberties of some of its people, in the form of the Armed Forces (Special Powers) Act. This chapter seeks to introduce the motivation, hypothesis, methodology and key concepts of this paper. Introduction The spotlight of global affairs and the ‘march to democracy has been on the Middle East in 2011. Mass rebellions against autocratic, unjust and oppressive regimes have swept the region in a sort of domino-effect swarming hordes of people rose up to replace what seemed no more applicable or tolerable in Tunisia to Tahrir Square in Egypt, in a bid to in-state the only form of governance that allowed ‘power to the people i.e. democracy. This phenomenon has come to the West as a pleasant surprise, that have viewed the Islamic world as essentially subject to notions of conservatism, violence and religion all seen as harbingers of a pre-modern past that the West feels it has left behind for good. â€Å"What is happening in Tunisia and Egypt is the completion of the 1989 revolutions the Egyptians are reclaiming the values of the Solidarnosc and the Civic Forum from the neo-liberals who usurped them The people in Tahrir Square and elsewhere are giving us back the meaning of c ivil society a place where people can talk, discuss and act freely,† says Mary Kaldor , examining the notion of civil society and how it has changed since the last time it was picked up from the annals of a rejected history and reinvented to bring monumental political change in Eastern European states. Closer home, the beginning of summer this year has seen a heated campaign against corruption being driven by a single mans Satyagraha Anna Hazare would definitely qualify as a ‘non-entity even by the modest standards of celebration that Indian civil society activists enjoy. Yet, this army truck driver of the 1960s is today the poster-boy of ‘publicness, coming to symbolise the space for mediation and political interference to bring out moral dividends that is the hallmark of a vibrant democracy. Some have called his actions ‘Gandhian, one of the few attempts at reform emerging from among the non-political that post-independence India has seen, otherwise witnessed only in Irom Sharmilas consistent campaign from Manipur against the travails of militarisation of the north-east region and abuse of power that the Armed Forces Special Powers Act 1958 has become synonymous with. The Armed Forces Special Powers Act, which the Indian government has thought fit to implement in two contexts all the North Eastern states and Jammu Kashmir is arguably among the most contentious legislations of post-Independence India. Said to be based on a 1942 British ordinance intended to contain the Indian independence movement (Quit India movement) during World War II, it was enacted as a short-term measure to allow the deployment of the army in Indias north-eastern Naga Hills but since has been in existence for five decades. It has, since then, also been implemented in Jammu Kashmir which has shown violent separatist aspirations since the late 1980s. The Act has been controversial because of the fact that it gives to the armed forces extended powers of action without accountability, which has led to abuse of power and gross violation of human and civil rights, building around it a sense of impunity. In a democratic framework, this move to retain the sovereign integrity of the Indian state has been vociferously derided by people both within and outside these regions. Even though justifications for the laws existence abound from freedom of operation to existence of provisions for accountability and redress within the armed forces set up, the Act in itself has become a symbol of oppression at the hands of the Indian state and therefore a part of the problem, not the solution. Hypothesis This paper attempts to therefore study civil society in India its role and scope with specific focus on this nugget of legislation that has a strong reference to the case of maintaining or violating civil liberty in a democracy. It seeks to analyse the effectiveness of the Indian democracy in this respect, considering whether ‘power to the people is just another catchphrase or if it goes deeper than that. This researcher is of the view that even though the definition of a modern civil society in a multicultural context as India needs to be revisited, and even though largely (as in the case of the AFSPA) political, military, judicial and legislative action has a will of its own, there is scope for activism and there are voices that get heard. The necessity of such a space of negotiation in a democracy cannot be stressed hard enough. The arbitrariness of power, possible marginalisation of the ‘have-nots and the dilemma of national unity versus individual rights need to be examined in the light of modern liberal rhetoric of freedom and equality that are foundational aspects of the Indian constitution. Methodology The study has used both primary and secondary sources of data along with analysis using both the deductive and inductive methods. I have analyzed government records, media reports, library sources, existing literature on the subject, archival data, think-tank reports as well as spoken / interviewed a few primary sources within the civil society. The study has also use information and experience gathered at symposiums, lectures and workshops related to the topic. It has been largely qualitative in approach, since the issue required an exploration of theory and potential policy-making role of civil society in situations of conflict and civil unrest. Chapterisation The paper shall follow this sequence: the first chapter will examine the trajectory of conceptualisation of civil society in the corpus of philosophy and political studies and its relevance globally as well as in India. The second chapter will elaborate upon the Act, the controversy and the issues surrounding it. In the third chapter, I will look at civil society initiatives regarding this aspect, both in terms of humanitarian redressal and rehabilitation and attempts at political negotiation and policy amendment. It will also look critically at the degree to which these initiatives have worked in mitigating the more negative consequences of the law. The last chapter, in conclusion, will critically analyse the role that civil society has played so far in the dynamics of the Indian democracy and the scope for positive change it contains. The rest of this chapter is dedicated to elaborating on the key concepts of this paper: civil society and the Armed Forces Special Powers Act. Key Concepts Civil Society: It is crucial to understand what civil society in a changed global context means. Historically, it has been understood to mean the public space that exists between the family and the state that seeks to mitigate the preponderance of individualism as well as the ‘tyranny of the majority. Based on principles of voluntarism, association and pluralism and tolerance, this was an imagination that sought to negotiate with power structures in every context it arose in, whether during industrialisation of England where a new bourgeois class of powerful traders emerged that sought to bargain with the state and the Church for power, or in Eastern Europe of the 1980s where a bid to parlay Communism resulted in associational uprising that stemmed out of sports clubs, trade unions, bars and basements. After 1989, civil society got the rejuvenation that had been missing for the past couple of centuries since Marx and Gramsci had derided it as yet another excuse for state/power domination and co-option of the masses. It has since been taken much more seriously, both academically and in its practical application, although consensus on what it constitutes is hard to come by. However, with democracy becoming the chosen form of ‘correct government, where representation and election to power is ‘by the people, for the people and of the people, civil society assumes new meaning as the arena of civilised battle. There is more to a democracy than public participation through ballot-box approval. This, in a nutshell, could be the motive for a functional civil society.   However, the proprietorship of the West over the concept of civil society is often criticised. By linking it with modernity, it is seen to be a concept both inherently Western and also as the Wests boon to the world. Ernest Gellner paints civil society as the space of the profane that gives freedom to the baser aspects of human beings and their relationships. Having associated it with capitalist liberalism, he posits many upcoming rivals to it such as Islam, Asiatic capitalism, fierce nationalism- leading one to believe that this essentially Western notion is one under threat from more preponderant forces in different parts of the world that do not essentially derive from rationality. Mary Kaldor finds in this a patronising approach of the entire West, evident also in US and Europes response to the upheaval in the Middle East. She observes that there already exists a term for civil society in Arabic Almujtamaa Almadani and therefore finds that the concept has more antiquated roots than otherwise presumed. To offset this overlordism, she says, â€Å"Instead of imposing yet another neo-liberal formula, western countries and institutions should consult the people of the Middle East about how they can help to construct a fairer, more sustainable economy. Instead of giving governments money to buy western weapons, they could discuss with civil society how they could help to restructure the armed forces to provide human security, to establish civilian control over the military, and to convert the substantial military industries to peaceful uses.† Ruminating on the changed idea of civil society, she says disappointedly, â€Å"After 1989, everyone celebrated the idea of civil society. But it was rapidly reduced within the framework of neo-liberal thinking to mean western-supported NGOs who would help to smooth the path of neo-liberal transition.† In the post-Cold War phase, since the world has gone more global, the meaning of civil society has veered towards international-level cooperation and institutionalism, through NGOs, forums, transnational networks of activities to work on a ‘global humanitarian regime. It has now become a buzzword relating to democracies, liberalism, neo-liberalism, anti-war movements, global justice and so on, and thereby is seen as a platform inhabited by activists of all sorts. In the normative sense, civil society is and always has been seen as the arena where consent is generated for and in opposition to concentrated authority. In the descriptive sense, or in considering what all should be included in this realm, lies the tensions should regulatory bodies such as the UN and the World Bank be considered part of civil society? Should one include international NGOs that depend on government funding? Does civil society include religious or ethnic organisations? Does it include militant or sece ssionist organisations that are fighting against an oppressive state or for some defined nationalism? As the concerns that occupy minds in a global world change (such as todays preoccupations include AIDS, landmines, terrorism, nuclear disarmament/disaster, receding water levels etc), the definitions of all realms of society would change too. This paper, taking insights from the corpus of philosophy on the subject, defines civil society as the associational space, lying between the family, state and market, where autonomous individuals voluntarily come together to define and pursue common goals to reap collective benefits. Schmitters definition of civil society, as a set or system of self-organised intermediary groups that: (1) are relatively independent of both public authorities and private units of production and reproduction, that is, of firms and families; (2) are capable of deliberating about and taking collective actions in defence or promotion of their interests or passions; (3) do not seek to replace either state agents or private (re)producers or to accept responsibility fo r governing the polity as a whole; and (4) agree to act within pre-established rules of a civil, i.e. mutually respectful, nature. It is civil society based on the four characteristics of dual autonomy, collective action, nonusurpation and civility that this paper will refer to. The Armed Forces (Special Powers) Act (AFSPA): The Armed Forces (Special Powers) Act is a law, enacted by the Parliament of India, to meet violent internal situations created by underground militant outfits to further their illegal and ‘unconstitutional causes. The law was enacted to provide necessary powers and legal support to the Armed forces for carrying out proactive operations against the militants in a highly hostile environment that was threatening the integrity and sovereignty of the Indian nation-state. The Act dates back to September 11, 1958, when the Parliament of India passed the act bestowing more power on the armed forces in â€Å"disturbed areas†. First introduced in the states of Arunachal Pradesh, Assam, Manipur, Meghalaya, Mizoram, Nagaland and Tripura, the Act was later extended to Jammu and Kashmir as the Armed Forces (Jammu and Kashmir) Special Powers Act, 1990 in July 1990. The Act allows an officer of the armed forces to fire upon or otherwise use force, even to the causing of death, against any person who is acting in contravention of any law against assembly of five or more persons or possession of deadly weapons, to arrest without a warrant and with the use of necessary force anyone who has committed certain offenses or is suspected of having done so, to enter and search any premise in order to make such arrests. The act also bestows legal immunity to the officials, which means that they cannot be sued or prosecuted. While the law was enacted to mitigate militant action, violence and to quell secessionist tendencies that violated the essence of the Indian union, it has since inception over half a century ago turned into a controversial aspect of governance in the country. An increasing militarisation of areas branded as ‘disturbed and a consequent violation of human rights and civil liberties has resulted in a worsening of conditions in both the regions it has been applied to. Instead of bringing about greater cohesion, or of managing to bring the north-east and Jammu Kashmir peacefully into the fold of the Indian union, the law has become just another reason for the strengthening of secessionist demands. This is in contradiction with the reasoning given for consistent political will to keep the Act in place in the two regions: in a response to the United Nations Human Rights Committee questioning the validity of the AFSPA under the Indian law and in light of Article 4 of the International Covenant on Civil and Political Rights, ICCPR, the Attorney General of India responded that the AFSPA is a necessary measure to prevent the secession of the North Eastern states. He said that a response to this agitation for secession in the North East had to be done on a war footing. He argued that the Indian Constitution, in Article 355, made it the duty of the Central Government to protect the states from internal disturbance and that there is no duty under international law to allow secession.â€Å"The shrill rhetoric demanding that the Armed Forces Special Powers Act be repealed, if allowed to hold sway, may drive us deeper into the dark world of both Islamist terror and the Maoist insurgency, † Brigadier S K Chatterji (retd) has warned more recently. The primary issue of controversy here is the violation of human and civil rights. According to a Human Rights Watch report, the act is in violation in the following respects: The right to life is violated by section 4(a) of the AFSPA, which grants the armed forces power to shoot to kill in law enforcement situations without regard to international human rights law restrictions on the use of lethal force. The right to liberty and security of person is violated by section 4(c) of the AFSPA, which fails to protect against arbitrary arrest by allowing soldiers to arrest anyone merely on suspicion that a â€Å"cognizable offence† has already taken place or is likely to take place in the future. Further, the AFSPA provides no specific time limit for handing arrested persons to the nearest police station. The right to remedy is violated by section 6 of the AFSPA, which provides officers who abuse their powers under the AFSPA with immunity from legal accountability. This section of th e AFSPA prohibits even state governments from initiating legal proceedings against the armed forces on behalf of their population without central government approval. Since such a sanction is seldom granted, it has in effect provided a shield of immunity for armed forces personnel implicated in serious abuses. In practice the AFSPA also facilitates violation of the right to be free from torture, and from cruel or degrading treatment. Since the AFSPA provides powers to arrest without warrant and then detain arrested persons for unspecified amounts of time, the armed forces routinely engage in torture and other ill-treatment during interrogation in army barracks. However, the support from within the armed forces and certain other sections of the political and academic circles is strong for the continuance of this act. Northern Army Commander General Jaswal in Jammu Kashmir gave the following reasoning: I would like to say that the provisions of the Armed Forces Special Power Act are very pious to me and I think to entire Indian ArmyWe have religious books, there are certain guidelines which are given there, but all the members of the religion do not follow it, they break it also, does it imply that you remove the religious book or you remove this chap. My take on it is to find someone guilty, take him to task, but dont touch this pious document or provision of the Armed Forces Special Power Act giving the similarity to religious book.† In the past couple of months Army has argued that without the Act it will not be able to launch proactive operations. The Army will also not be able to use force except in self-defence and not have powers to destroy ammunition dumps and IEDs. The army also says that a majority of human rights abuse cases are found to be false and those found true have been severely dealt with. Human rights activists have however contended time and again that the Act gives excessive powers to the soldiers. Jammu and Kashmir Chief Minister Omar Abdullah has said in recent past that there is a need to revoke the Act since it is prone to abuse. One of the grounds that the citizens have stated is that the people arrested or otherwise detained should be allowed to plead their case under section 130 and 131 of the Criminal Code. The Article 21 of the Constitution also gets violated in the process. In spite of the various cases filed and protests initiated there has been no revocation or dialogue towards the same. The issue revolving the AFSPA is that the principle of national integrity and sovereignty is in direct conflict with the liberal democratic frameworks of human rights and the civil society has the potential to the site for this negotiation. This is the premise under which the rest of this paper seeks to examine how the civil society and the Indian state have sought to deal with the AFSPA. CIVIL SOCIETY This Chapter seeks to chart the history of philosophy on civil society, in political sciences and social sciences. It will then look at civil society in India specifically, in todays context, and some of the major criticisms levelled against the concept and its real-time manifestation. Civil Society: The Concept At the abstract level, civil society has historically been conceptualised as a mediating space between the family, state and recently, also separate from the market. It is the site of association, voluntariness and community engagement, set apart from the politics and compulsions of the state as well as the individuality and liberty of the family. Bruce Sievers identifies seven strands that go into the making of civil society: nonprofit and voluntary institutions, individual rights, rule of law, the common good, philanthropy, freedom of expression and tolerance. Emerging in the context of the 18th century industrialisation rampant in Europe that gave rise to a new class of bourgeoisie and the new ideas of utilitarianism and capitalism, civil society gets inextricably linked with libertarian ideals that seek to carve out spaces for autonomous action in every individual and societal aspect.   â€Å"A ‘civil society was civilized and ordered by the rule of law. Unlike tribal so ciety, it was also large-scale and held together by impersonal bonds of interest rather than ties of kin and blood. It was also, to a degree some found frightening, a self-correcting mechanism in which the selfish actions of myriad individuals, brought together only by the rule of law, managed to produce an orderly and dynamic accumulation of prosperity unprecedented in human history,† observes Michael Ignatieff The importance of social engagement and principle of tolerance have only gained more importance in a globalised world that is characterised by multi-cultural, multi-ethnic nations. Robert Putnam identifies civic engagement, dense networks of interaction, political equality, solidarity, trust and tolerance and a strong associational life as crucial to the generation of ‘social capital the resource that could help to facilitate coordination and cooperation for mutual benefit in societies. He says that networks of civic engagement foster norms of generalised reciprocity, encourage the emergence of social trust, facilitate communication, collaboration and therefore collective action on common dilemmas and endorse the idea of collective benefits. Through its history, a number of philosophers have vouched for and expanded upon this realm of an advanced society. Alexis de Tocqueville , in Democracy in America, says that Americas answer to the problem of limiting the absolutist state was to have a constitution defined in law and protected by a counterbalancing force of independent bodies. These were the local associations of citizens acting together in the affairs of daily life. This was a civil society engaged in politics, voluntary by nature. His idea of civil society was based in the observation of an absolute sovereignty of the majority, but this principle, which could just as well turn into a tyranny of the majority, was also mitigated through a non-centralised frame of governance that set importance to localised chains of command and responsibility. Civicness emerged in America, he observed, through the relentless formation of associations: â€Å"Americans of all ages, all stations in life, and all types of disposition ar e forever forming associations. There are not only commercial and industrial associations in which all take part, but others of a thousand different typesreligious, moral, serious, futile, very general and very limited, immensely large and very minute. . . . Nothing, in my view, deserves more attention than the intellectual and moral associations in America.† Civil Society, for Hegel , is the site that lies between the Family and the State in the Ethical Life, as described in his Philosophy of Right. It is the site where the ‘determination of particularity as per individual rights is given free rein, but which has to acquire a mantle of universality for the rights to become acquirable or even legitimate, so to speak. Here, therefore, are two elements: the concrete person who is out to pursue self-interest and personal motive, and the form of universality, or the generation of common motive, through forming bonds and finding over-lapping areas of interest. A particular end, therefore, assumes the form of universality through this relation to other people, and it is attained in the simultaneous attainment of the welfare of others. It has three dimensions: the system of needs, the administration of justice and the police and the corporation. The system of needs refers to the generation of ‘universal human capital through human beings exceptional capacity to generate needs and spot commonness with others and then to satisfy those needs through work and labour. A single persons particularity of interest can be recognised if he manages to associate himself with one sphere of the needs. The administration of justice is the principle of rightness that becomes universally known through a public legal code. Not only does this embed within the principle of freedom in both subjective individual and universal platforms, it also makes wrongdoing an infringement on the people that live within such an ethical life. The polizei, then, is the bearer and the guardian of this publicly generated and accepted principles of right, the public authority that also looks after public utilities and regulation activities as well. The corporation, on the other hand, is the arrangement whereby common interests are brought to fore through voluntary association as in sports or religious clubs etc. All these aspects together form the civil society for Hegel, the space where freedom of self-interest is allowed to reign but within the limits of the principle of universality.   Antonio Gramsci, however, had a more critical view of civil society, from a Marxist vantage point. He saw civil society not as the benign space that afforded a voice and power to the masses, but as an instrument of domination linked in an unholy alliance with the bourgeois elements in the civil society seeking to protect propertied interests . He was also convinced that the intricate, organic relationships between civil society and political society enable certain strata of society not only to gain dominance within the state but also, and more importantly, to maintain it, perpetuating the subalternity of other strata. In other words, the site of hegemony was civil society it was the arena wherein the ruling class extends and reinforces its power by non-violent means through components such as the press, the libraries, schools, associations and clubs that could all become media for propaganda and homogenisation of the masses. The state and the civil society in his purview are inextri cably linked, which only facilitates subordination by the state without coercion, focussing instead on ‘manufacturing consent. However, he does acknowledge the potential of civil society as a site for breeding revolutions and for newer ‘conceptions of the world to take place. However, the manifestation of this fairly utopian concept is fraught with tensions and dichotomies. Ernest Gellner, in Conditions of Liberty, analyses the role of civil society in the Marxist, socialist and capitalist frameworks and has also assessed post-modern rivals to it that have emerged, such as Islam. The Eastern European states found the concept of civil society useful in gaining independence from a Communist stronghold precisely because of the possibility here for mobilisation of the masses in opposition to totalitarian militarist regimes. Through meetings of trade unions, religious groups, bars etc, the emphasis was on autonomy, self-organisation and withdrawal from the state to create islands of civic engagement for the emergence of a ‘parallel polis. For Gellner, a civil society was â€Å"a profane society, a society that explicitly sought to put the lowest of human desires to productive uses. Mandevilles paradox private vices make public virtues naturalized the profane by demonstrating that â€Å"capitalist individuals were more likely to promote the public good when they looked exclusively to their private interest.† He found the Marxist, and therefore the socialist strain of civil society, that stressed on driving religion out of life and also investing the economic with the ultimate sacredness, as faulty for it denied space to the profane, the self-interest and avarice of human nature that could be harnessed and channelled into collective action. With the ‘disenchantment of the world that comes with modernity and its powerful agencies of science and capitalism came the advent of ‘the modular man    who associates voluntarily with other prototypes, giving rise to a Gesellschaft, the inorganic form of social bonding, through fostered ties, rather than a Gemeinschaft, the organic community based on ties of blood and kin. â€Å"The genius of capitalist civil society is that it not only harnesses our profane energies, b ut relieves us of the moral burden of thinking of them as profane. In so doing, it relieves us of the strain of constant longing for unattainable self-transcendence in desperate simulations of paradise,† says Ignatieff. He also observes that liberty in civil society is essentially negative because there cannot be, in principle, agreement among human beings about the positive ends of political communities, beyond the protection of the liberties of the individuals who compose it. If people seek to overcome their own alienation and separateness, they can do so only as individuals or in voluntary groups. Civil society, then, becomes crucial for maintaining checks and balances, says Ignatieff. The realms of politics, economics and culture are neatly segregated, and power in any one domain does not endow power in another. The society is free, acting through a vibrant media and elected representatives, all functioning within the ambit of law. â€Å"Needless to say, no civil society has ever lived up to this goalyet the formal promise is more than hypocrisy: it remains the standard against which civil society judges itself and from which it finds renewed impetus to reform.† In this sense, civil society, albeit being a flawed ideal, also has the potential for redeeming itself simply by virtue of being embedded in the notion of reform, of itself as well as of society, simply by virtue of allowing private trajectories of interest being followed.   Despite changing meanings, civil societys core rests in a rule-governed society based on the consent of individuals. The ‘social contract that Hobbes defined is another way of understanding the liberal ideas behind the conception of civil society through different phases, civil society can be seen as the process or the space through which different individuals negotiate, argue, struggle against or agree with each other and with the centres of political and economic authority. The element of autonomy, voluntariness and collective action through association remain hallmarks through all definitions of the term. Civil Society in India: It would seem natural that civil society, as has been described and conceptualised above is an integral part of a democracy, with its accompanying notions of equality, public participation, and masses-oriented governance. Robert Post and Nancy Rosenblum describe a consensus among contemporary theorists â€Å"that democracy depends on the particularist, self-determining associations of civil society, where independent commitments, interests, and voices, are developed . Civil society is the precondition for democratic decision making, whether democracy is conceived as deliberation or as interest group pluralism, and this is true even if the goal of democracy is to transcend particularism and arrive at uncoerced agreement or a common will.† According to Joerg Forbrig, a vibrant and functional civil society can contribute to strengthening a democracy in five ways: control of state power through the incorporation of a body of laws, individual rights and thereby becoming a space that overlooks the relationship between the pr Analysis of the Armed Special Forces Act 1943 in India Analysis of the Armed Special Forces Act 1943 in India Civil society is a term oft-repeated in democratic contexts today. Seen as an essential component of the liberal framework of political structures, it is essentially the space of free association for the masses. India, a multicultural democratic country, boasts of a vibrant civil society. At the same time, it also has accusations of being one of the worst offenders of human and civil liberties of some of its people, in the form of the Armed Forces (Special Powers) Act. This chapter seeks to introduce the motivation, hypothesis, methodology and key concepts of this paper. Introduction The spotlight of global affairs and the ‘march to democracy has been on the Middle East in 2011. Mass rebellions against autocratic, unjust and oppressive regimes have swept the region in a sort of domino-effect swarming hordes of people rose up to replace what seemed no more applicable or tolerable in Tunisia to Tahrir Square in Egypt, in a bid to in-state the only form of governance that allowed ‘power to the people i.e. democracy. This phenomenon has come to the West as a pleasant surprise, that have viewed the Islamic world as essentially subject to notions of conservatism, violence and religion all seen as harbingers of a pre-modern past that the West feels it has left behind for good. â€Å"What is happening in Tunisia and Egypt is the completion of the 1989 revolutions the Egyptians are reclaiming the values of the Solidarnosc and the Civic Forum from the neo-liberals who usurped them The people in Tahrir Square and elsewhere are giving us back the meaning of c ivil society a place where people can talk, discuss and act freely,† says Mary Kaldor , examining the notion of civil society and how it has changed since the last time it was picked up from the annals of a rejected history and reinvented to bring monumental political change in Eastern European states. Closer home, the beginning of summer this year has seen a heated campaign against corruption being driven by a single mans Satyagraha Anna Hazare would definitely qualify as a ‘non-entity even by the modest standards of celebration that Indian civil society activists enjoy. Yet, this army truck driver of the 1960s is today the poster-boy of ‘publicness, coming to symbolise the space for mediation and political interference to bring out moral dividends that is the hallmark of a vibrant democracy. Some have called his actions ‘Gandhian, one of the few attempts at reform emerging from among the non-political that post-independence India has seen, otherwise witnessed only in Irom Sharmilas consistent campaign from Manipur against the travails of militarisation of the north-east region and abuse of power that the Armed Forces Special Powers Act 1958 has become synonymous with. The Armed Forces Special Powers Act, which the Indian government has thought fit to implement in two contexts all the North Eastern states and Jammu Kashmir is arguably among the most contentious legislations of post-Independence India. Said to be based on a 1942 British ordinance intended to contain the Indian independence movement (Quit India movement) during World War II, it was enacted as a short-term measure to allow the deployment of the army in Indias north-eastern Naga Hills but since has been in existence for five decades. It has, since then, also been implemented in Jammu Kashmir which has shown violent separatist aspirations since the late 1980s. The Act has been controversial because of the fact that it gives to the armed forces extended powers of action without accountability, which has led to abuse of power and gross violation of human and civil rights, building around it a sense of impunity. In a democratic framework, this move to retain the sovereign integrity of the Indian state has been vociferously derided by people both within and outside these regions. Even though justifications for the laws existence abound from freedom of operation to existence of provisions for accountability and redress within the armed forces set up, the Act in itself has become a symbol of oppression at the hands of the Indian state and therefore a part of the problem, not the solution. Hypothesis This paper attempts to therefore study civil society in India its role and scope with specific focus on this nugget of legislation that has a strong reference to the case of maintaining or violating civil liberty in a democracy. It seeks to analyse the effectiveness of the Indian democracy in this respect, considering whether ‘power to the people is just another catchphrase or if it goes deeper than that. This researcher is of the view that even though the definition of a modern civil society in a multicultural context as India needs to be revisited, and even though largely (as in the case of the AFSPA) political, military, judicial and legislative action has a will of its own, there is scope for activism and there are voices that get heard. The necessity of such a space of negotiation in a democracy cannot be stressed hard enough. The arbitrariness of power, possible marginalisation of the ‘have-nots and the dilemma of national unity versus individual rights need to be examined in the light of modern liberal rhetoric of freedom and equality that are foundational aspects of the Indian constitution. Methodology The study has used both primary and secondary sources of data along with analysis using both the deductive and inductive methods. I have analyzed government records, media reports, library sources, existing literature on the subject, archival data, think-tank reports as well as spoken / interviewed a few primary sources within the civil society. The study has also use information and experience gathered at symposiums, lectures and workshops related to the topic. It has been largely qualitative in approach, since the issue required an exploration of theory and potential policy-making role of civil society in situations of conflict and civil unrest. Chapterisation The paper shall follow this sequence: the first chapter will examine the trajectory of conceptualisation of civil society in the corpus of philosophy and political studies and its relevance globally as well as in India. The second chapter will elaborate upon the Act, the controversy and the issues surrounding it. In the third chapter, I will look at civil society initiatives regarding this aspect, both in terms of humanitarian redressal and rehabilitation and attempts at political negotiation and policy amendment. It will also look critically at the degree to which these initiatives have worked in mitigating the more negative consequences of the law. The last chapter, in conclusion, will critically analyse the role that civil society has played so far in the dynamics of the Indian democracy and the scope for positive change it contains. The rest of this chapter is dedicated to elaborating on the key concepts of this paper: civil society and the Armed Forces Special Powers Act. Key Concepts Civil Society: It is crucial to understand what civil society in a changed global context means. Historically, it has been understood to mean the public space that exists between the family and the state that seeks to mitigate the preponderance of individualism as well as the ‘tyranny of the majority. Based on principles of voluntarism, association and pluralism and tolerance, this was an imagination that sought to negotiate with power structures in every context it arose in, whether during industrialisation of England where a new bourgeois class of powerful traders emerged that sought to bargain with the state and the Church for power, or in Eastern Europe of the 1980s where a bid to parlay Communism resulted in associational uprising that stemmed out of sports clubs, trade unions, bars and basements. After 1989, civil society got the rejuvenation that had been missing for the past couple of centuries since Marx and Gramsci had derided it as yet another excuse for state/power domination and co-option of the masses. It has since been taken much more seriously, both academically and in its practical application, although consensus on what it constitutes is hard to come by. However, with democracy becoming the chosen form of ‘correct government, where representation and election to power is ‘by the people, for the people and of the people, civil society assumes new meaning as the arena of civilised battle. There is more to a democracy than public participation through ballot-box approval. This, in a nutshell, could be the motive for a functional civil society.   However, the proprietorship of the West over the concept of civil society is often criticised. By linking it with modernity, it is seen to be a concept both inherently Western and also as the Wests boon to the world. Ernest Gellner paints civil society as the space of the profane that gives freedom to the baser aspects of human beings and their relationships. Having associated it with capitalist liberalism, he posits many upcoming rivals to it such as Islam, Asiatic capitalism, fierce nationalism- leading one to believe that this essentially Western notion is one under threat from more preponderant forces in different parts of the world that do not essentially derive from rationality. Mary Kaldor finds in this a patronising approach of the entire West, evident also in US and Europes response to the upheaval in the Middle East. She observes that there already exists a term for civil society in Arabic Almujtamaa Almadani and therefore finds that the concept has more antiquated roots than otherwise presumed. To offset this overlordism, she says, â€Å"Instead of imposing yet another neo-liberal formula, western countries and institutions should consult the people of the Middle East about how they can help to construct a fairer, more sustainable economy. Instead of giving governments money to buy western weapons, they could discuss with civil society how they could help to restructure the armed forces to provide human security, to establish civilian control over the military, and to convert the substantial military industries to peaceful uses.† Ruminating on the changed idea of civil society, she says disappointedly, â€Å"After 1989, everyone celebrated the idea of civil society. But it was rapidly reduced within the framework of neo-liberal thinking to mean western-supported NGOs who would help to smooth the path of neo-liberal transition.† In the post-Cold War phase, since the world has gone more global, the meaning of civil society has veered towards international-level cooperation and institutionalism, through NGOs, forums, transnational networks of activities to work on a ‘global humanitarian regime. It has now become a buzzword relating to democracies, liberalism, neo-liberalism, anti-war movements, global justice and so on, and thereby is seen as a platform inhabited by activists of all sorts. In the normative sense, civil society is and always has been seen as the arena where consent is generated for and in opposition to concentrated authority. In the descriptive sense, or in considering what all should be included in this realm, lies the tensions should regulatory bodies such as the UN and the World Bank be considered part of civil society? Should one include international NGOs that depend on government funding? Does civil society include religious or ethnic organisations? Does it include militant or sece ssionist organisations that are fighting against an oppressive state or for some defined nationalism? As the concerns that occupy minds in a global world change (such as todays preoccupations include AIDS, landmines, terrorism, nuclear disarmament/disaster, receding water levels etc), the definitions of all realms of society would change too. This paper, taking insights from the corpus of philosophy on the subject, defines civil society as the associational space, lying between the family, state and market, where autonomous individuals voluntarily come together to define and pursue common goals to reap collective benefits. Schmitters definition of civil society, as a set or system of self-organised intermediary groups that: (1) are relatively independent of both public authorities and private units of production and reproduction, that is, of firms and families; (2) are capable of deliberating about and taking collective actions in defence or promotion of their interests or passions; (3) do not seek to replace either state agents or private (re)producers or to accept responsibility fo r governing the polity as a whole; and (4) agree to act within pre-established rules of a civil, i.e. mutually respectful, nature. It is civil society based on the four characteristics of dual autonomy, collective action, nonusurpation and civility that this paper will refer to. The Armed Forces (Special Powers) Act (AFSPA): The Armed Forces (Special Powers) Act is a law, enacted by the Parliament of India, to meet violent internal situations created by underground militant outfits to further their illegal and ‘unconstitutional causes. The law was enacted to provide necessary powers and legal support to the Armed forces for carrying out proactive operations against the militants in a highly hostile environment that was threatening the integrity and sovereignty of the Indian nation-state. The Act dates back to September 11, 1958, when the Parliament of India passed the act bestowing more power on the armed forces in â€Å"disturbed areas†. First introduced in the states of Arunachal Pradesh, Assam, Manipur, Meghalaya, Mizoram, Nagaland and Tripura, the Act was later extended to Jammu and Kashmir as the Armed Forces (Jammu and Kashmir) Special Powers Act, 1990 in July 1990. The Act allows an officer of the armed forces to fire upon or otherwise use force, even to the causing of death, against any person who is acting in contravention of any law against assembly of five or more persons or possession of deadly weapons, to arrest without a warrant and with the use of necessary force anyone who has committed certain offenses or is suspected of having done so, to enter and search any premise in order to make such arrests. The act also bestows legal immunity to the officials, which means that they cannot be sued or prosecuted. While the law was enacted to mitigate militant action, violence and to quell secessionist tendencies that violated the essence of the Indian union, it has since inception over half a century ago turned into a controversial aspect of governance in the country. An increasing militarisation of areas branded as ‘disturbed and a consequent violation of human rights and civil liberties has resulted in a worsening of conditions in both the regions it has been applied to. Instead of bringing about greater cohesion, or of managing to bring the north-east and Jammu Kashmir peacefully into the fold of the Indian union, the law has become just another reason for the strengthening of secessionist demands. This is in contradiction with the reasoning given for consistent political will to keep the Act in place in the two regions: in a response to the United Nations Human Rights Committee questioning the validity of the AFSPA under the Indian law and in light of Article 4 of the International Covenant on Civil and Political Rights, ICCPR, the Attorney General of India responded that the AFSPA is a necessary measure to prevent the secession of the North Eastern states. He said that a response to this agitation for secession in the North East had to be done on a war footing. He argued that the Indian Constitution, in Article 355, made it the duty of the Central Government to protect the states from internal disturbance and that there is no duty under international law to allow secession.â€Å"The shrill rhetoric demanding that the Armed Forces Special Powers Act be repealed, if allowed to hold sway, may drive us deeper into the dark world of both Islamist terror and the Maoist insurgency, † Brigadier S K Chatterji (retd) has warned more recently. The primary issue of controversy here is the violation of human and civil rights. According to a Human Rights Watch report, the act is in violation in the following respects: The right to life is violated by section 4(a) of the AFSPA, which grants the armed forces power to shoot to kill in law enforcement situations without regard to international human rights law restrictions on the use of lethal force. The right to liberty and security of person is violated by section 4(c) of the AFSPA, which fails to protect against arbitrary arrest by allowing soldiers to arrest anyone merely on suspicion that a â€Å"cognizable offence† has already taken place or is likely to take place in the future. Further, the AFSPA provides no specific time limit for handing arrested persons to the nearest police station. The right to remedy is violated by section 6 of the AFSPA, which provides officers who abuse their powers under the AFSPA with immunity from legal accountability. This section of th e AFSPA prohibits even state governments from initiating legal proceedings against the armed forces on behalf of their population without central government approval. Since such a sanction is seldom granted, it has in effect provided a shield of immunity for armed forces personnel implicated in serious abuses. In practice the AFSPA also facilitates violation of the right to be free from torture, and from cruel or degrading treatment. Since the AFSPA provides powers to arrest without warrant and then detain arrested persons for unspecified amounts of time, the armed forces routinely engage in torture and other ill-treatment during interrogation in army barracks. However, the support from within the armed forces and certain other sections of the political and academic circles is strong for the continuance of this act. Northern Army Commander General Jaswal in Jammu Kashmir gave the following reasoning: I would like to say that the provisions of the Armed Forces Special Power Act are very pious to me and I think to entire Indian ArmyWe have religious books, there are certain guidelines which are given there, but all the members of the religion do not follow it, they break it also, does it imply that you remove the religious book or you remove this chap. My take on it is to find someone guilty, take him to task, but dont touch this pious document or provision of the Armed Forces Special Power Act giving the similarity to religious book.† In the past couple of months Army has argued that without the Act it will not be able to launch proactive operations. The Army will also not be able to use force except in self-defence and not have powers to destroy ammunition dumps and IEDs. The army also says that a majority of human rights abuse cases are found to be false and those found true have been severely dealt with. Human rights activists have however contended time and again that the Act gives excessive powers to the soldiers. Jammu and Kashmir Chief Minister Omar Abdullah has said in recent past that there is a need to revoke the Act since it is prone to abuse. One of the grounds that the citizens have stated is that the people arrested or otherwise detained should be allowed to plead their case under section 130 and 131 of the Criminal Code. The Article 21 of the Constitution also gets violated in the process. In spite of the various cases filed and protests initiated there has been no revocation or dialogue towards the same. The issue revolving the AFSPA is that the principle of national integrity and sovereignty is in direct conflict with the liberal democratic frameworks of human rights and the civil society has the potential to the site for this negotiation. This is the premise under which the rest of this paper seeks to examine how the civil society and the Indian state have sought to deal with the AFSPA. CIVIL SOCIETY This Chapter seeks to chart the history of philosophy on civil society, in political sciences and social sciences. It will then look at civil society in India specifically, in todays context, and some of the major criticisms levelled against the concept and its real-time manifestation. Civil Society: The Concept At the abstract level, civil society has historically been conceptualised as a mediating space between the family, state and recently, also separate from the market. It is the site of association, voluntariness and community engagement, set apart from the politics and compulsions of the state as well as the individuality and liberty of the family. Bruce Sievers identifies seven strands that go into the making of civil society: nonprofit and voluntary institutions, individual rights, rule of law, the common good, philanthropy, freedom of expression and tolerance. Emerging in the context of the 18th century industrialisation rampant in Europe that gave rise to a new class of bourgeoisie and the new ideas of utilitarianism and capitalism, civil society gets inextricably linked with libertarian ideals that seek to carve out spaces for autonomous action in every individual and societal aspect.   â€Å"A ‘civil society was civilized and ordered by the rule of law. Unlike tribal so ciety, it was also large-scale and held together by impersonal bonds of interest rather than ties of kin and blood. It was also, to a degree some found frightening, a self-correcting mechanism in which the selfish actions of myriad individuals, brought together only by the rule of law, managed to produce an orderly and dynamic accumulation of prosperity unprecedented in human history,† observes Michael Ignatieff The importance of social engagement and principle of tolerance have only gained more importance in a globalised world that is characterised by multi-cultural, multi-ethnic nations. Robert Putnam identifies civic engagement, dense networks of interaction, political equality, solidarity, trust and tolerance and a strong associational life as crucial to the generation of ‘social capital the resource that could help to facilitate coordination and cooperation for mutual benefit in societies. He says that networks of civic engagement foster norms of generalised reciprocity, encourage the emergence of social trust, facilitate communication, collaboration and therefore collective action on common dilemmas and endorse the idea of collective benefits. Through its history, a number of philosophers have vouched for and expanded upon this realm of an advanced society. Alexis de Tocqueville , in Democracy in America, says that Americas answer to the problem of limiting the absolutist state was to have a constitution defined in law and protected by a counterbalancing force of independent bodies. These were the local associations of citizens acting together in the affairs of daily life. This was a civil society engaged in politics, voluntary by nature. His idea of civil society was based in the observation of an absolute sovereignty of the majority, but this principle, which could just as well turn into a tyranny of the majority, was also mitigated through a non-centralised frame of governance that set importance to localised chains of command and responsibility. Civicness emerged in America, he observed, through the relentless formation of associations: â€Å"Americans of all ages, all stations in life, and all types of disposition ar e forever forming associations. There are not only commercial and industrial associations in which all take part, but others of a thousand different typesreligious, moral, serious, futile, very general and very limited, immensely large and very minute. . . . Nothing, in my view, deserves more attention than the intellectual and moral associations in America.† Civil Society, for Hegel , is the site that lies between the Family and the State in the Ethical Life, as described in his Philosophy of Right. It is the site where the ‘determination of particularity as per individual rights is given free rein, but which has to acquire a mantle of universality for the rights to become acquirable or even legitimate, so to speak. Here, therefore, are two elements: the concrete person who is out to pursue self-interest and personal motive, and the form of universality, or the generation of common motive, through forming bonds and finding over-lapping areas of interest. A particular end, therefore, assumes the form of universality through this relation to other people, and it is attained in the simultaneous attainment of the welfare of others. It has three dimensions: the system of needs, the administration of justice and the police and the corporation. The system of needs refers to the generation of ‘universal human capital through human beings exceptional capacity to generate needs and spot commonness with others and then to satisfy those needs through work and labour. A single persons particularity of interest can be recognised if he manages to associate himself with one sphere of the needs. The administration of justice is the principle of rightness that becomes universally known through a public legal code. Not only does this embed within the principle of freedom in both subjective individual and universal platforms, it also makes wrongdoing an infringement on the people that live within such an ethical life. The polizei, then, is the bearer and the guardian of this publicly generated and accepted principles of right, the public authority that also looks after public utilities and regulation activities as well. The corporation, on the other hand, is the arrangement whereby common interests are brought to fore through voluntary association as in sports or religious clubs etc. All these aspects together form the civil society for Hegel, the space where freedom of self-interest is allowed to reign but within the limits of the principle of universality.   Antonio Gramsci, however, had a more critical view of civil society, from a Marxist vantage point. He saw civil society not as the benign space that afforded a voice and power to the masses, but as an instrument of domination linked in an unholy alliance with the bourgeois elements in the civil society seeking to protect propertied interests . He was also convinced that the intricate, organic relationships between civil society and political society enable certain strata of society not only to gain dominance within the state but also, and more importantly, to maintain it, perpetuating the subalternity of other strata. In other words, the site of hegemony was civil society it was the arena wherein the ruling class extends and reinforces its power by non-violent means through components such as the press, the libraries, schools, associations and clubs that could all become media for propaganda and homogenisation of the masses. The state and the civil society in his purview are inextri cably linked, which only facilitates subordination by the state without coercion, focussing instead on ‘manufacturing consent. However, he does acknowledge the potential of civil society as a site for breeding revolutions and for newer ‘conceptions of the world to take place. However, the manifestation of this fairly utopian concept is fraught with tensions and dichotomies. Ernest Gellner, in Conditions of Liberty, analyses the role of civil society in the Marxist, socialist and capitalist frameworks and has also assessed post-modern rivals to it that have emerged, such as Islam. The Eastern European states found the concept of civil society useful in gaining independence from a Communist stronghold precisely because of the possibility here for mobilisation of the masses in opposition to totalitarian militarist regimes. Through meetings of trade unions, religious groups, bars etc, the emphasis was on autonomy, self-organisation and withdrawal from the state to create islands of civic engagement for the emergence of a ‘parallel polis. For Gellner, a civil society was â€Å"a profane society, a society that explicitly sought to put the lowest of human desires to productive uses. Mandevilles paradox private vices make public virtues naturalized the profane by demonstrating that â€Å"capitalist individuals were more likely to promote the public good when they looked exclusively to their private interest.† He found the Marxist, and therefore the socialist strain of civil society, that stressed on driving religion out of life and also investing the economic with the ultimate sacredness, as faulty for it denied space to the profane, the self-interest and avarice of human nature that could be harnessed and channelled into collective action. With the ‘disenchantment of the world that comes with modernity and its powerful agencies of science and capitalism came the advent of ‘the modular man    who associates voluntarily with other prototypes, giving rise to a Gesellschaft, the inorganic form of social bonding, through fostered ties, rather than a Gemeinschaft, the organic community based on ties of blood and kin. â€Å"The genius of capitalist civil society is that it not only harnesses our profane energies, b ut relieves us of the moral burden of thinking of them as profane. In so doing, it relieves us of the strain of constant longing for unattainable self-transcendence in desperate simulations of paradise,† says Ignatieff. He also observes that liberty in civil society is essentially negative because there cannot be, in principle, agreement among human beings about the positive ends of political communities, beyond the protection of the liberties of the individuals who compose it. If people seek to overcome their own alienation and separateness, they can do so only as individuals or in voluntary groups. Civil society, then, becomes crucial for maintaining checks and balances, says Ignatieff. The realms of politics, economics and culture are neatly segregated, and power in any one domain does not endow power in another. The society is free, acting through a vibrant media and elected representatives, all functioning within the ambit of law. â€Å"Needless to say, no civil society has ever lived up to this goalyet the formal promise is more than hypocrisy: it remains the standard against which civil society judges itself and from which it finds renewed impetus to reform.† In this sense, civil society, albeit being a flawed ideal, also has the potential for redeeming itself simply by virtue of being embedded in the notion of reform, of itself as well as of society, simply by virtue of allowing private trajectories of interest being followed.   Despite changing meanings, civil societys core rests in a rule-governed society based on the consent of individuals. The ‘social contract that Hobbes defined is another way of understanding the liberal ideas behind the conception of civil society through different phases, civil society can be seen as the process or the space through which different individuals negotiate, argue, struggle against or agree with each other and with the centres of political and economic authority. The element of autonomy, voluntariness and collective action through association remain hallmarks through all definitions of the term. Civil Society in India: It would seem natural that civil society, as has been described and conceptualised above is an integral part of a democracy, with its accompanying notions of equality, public participation, and masses-oriented governance. Robert Post and Nancy Rosenblum describe a consensus among contemporary theorists â€Å"that democracy depends on the particularist, self-determining associations of civil society, where independent commitments, interests, and voices, are developed . Civil society is the precondition for democratic decision making, whether democracy is conceived as deliberation or as interest group pluralism, and this is true even if the goal of democracy is to transcend particularism and arrive at uncoerced agreement or a common will.† According to Joerg Forbrig, a vibrant and functional civil society can contribute to strengthening a democracy in five ways: control of state power through the incorporation of a body of laws, individual rights and thereby becoming a space that overlooks the relationship between the pr