Dttls Unit 5

Part 2 A critical Analysis of my own approach to reflective practice and exploration of potential continuing personal and professional development. Introduction This report provides a critical self analysis of my approach to reflective practice and exploration of continuing personal and professional practice. To research this report I have had to undertake a profound and honest dissection and evaluation of my own working practice.For research I partook in discussions with my peers, attended a master class in learning on reflection, and explored the internet and relevant books. This includes examining theories of reflective practice and how they relate to my own reflective practice and development. To clarify what I needed to examine I started by finding definitions of the key phrases. More in-depth analysis of the definitions and the meanings attached by others are developed throughout the report.Reflective Practice- ‘a set of abilities and skills, to indicate the taking of a c ritical stance, an orientation to problem solving or state of mind. ’ (Moon 1999 cited on www. ukle. ac. uk 2009) Continual Personal and Professional Development- ‘maintaining, improving and broadening relevant knowledge and skills in your subject specialism and your teaching and training, so that it has a positive impact on practice and the learner development. (www. ifl. ac. uk 2009) MethodologyWhilst preparing this assignment my Primary research was collated by using both personal observation and informal personal interviews with fellow peer groups, I conducted my Secondary research by colleting existing data gathered from both my Primary research as well as using the internet in order to access reviews, government statements and information as well as theories and principles used and developed by educational experts, I have also used the Doncaster College library to access reference material in the form of books and the e-library and as an additional reference metho d.I also adopted various ideas gained by conducting semi structured interviews and focus groups using other teachers as my target group. Once evaluating the collected data I then developed an Action Plan in order to achieve my desired goals. Theories of reflective practice. The Common Sense Theory Philosopher and educationalist John Dewey pioneered the concept of reflective practice in 1933 as the literal notion of ‘thinking about thinking’ (cited in www. educ. uats. org 2010) He was primarily interested in problem solving.When a bad incident occurs you feel upset or disconcerted and set out to identify and rectify the issue. This basic approach to reflective practice was further developed as the ‘common sense view’ by Moon (1999). She took the stance ’reflection is akin to thinking but with more added to this. ’ (cited in Roffey-Barentsen and Malthouse 2009, p8) This is reflection in its purest form. After a lesson that that went badly it is natural that you will think about what went wrong and why. The sheer basic nature of the theory leads to problems of lack of organization and documentation.The solitary nature of simply thinking cause limitations when there is no one to provide feedback. There is more consideration given to the past than the future and provides limited outlets for developing practice. Reflective Practice Donald Schon (1983) developed two concepts in relation to reflective practice: Reflection in action – A person reflects on behavior as it occurs. For example if you are using a classroom activity with learners that is clearly not working you would quickly reflect on this can find a suitable alternative immediately rather than waiting for the next session.Reflection on action -this type of reflection occurs after the event allowing time for scrutiny and analysis of the situation and time to plan further development. Kolb (1984) created his four stage model of leaning. This encompasses the cont inued cycle of learning. It outlines the basic concept of doing something. Reflecting on it. Researching ways of improving upon it and planning how to implement this. This brings you right back to the doing stage and so the cycle continues. This can be joined at any stage but needs to be followed in sequence to be effective.Graham Gibbs further developed this cycle in 1988. Like Kolb, his cycle of self reflection is simple to use and follows a continuous cycle. Gibbs Model for Reflection (www,qmu. ac. uk 2009) Stephen Brookfield (1995) believes critically reflective teaching happens when we identify and scrutinize assumptions that under grid how we work. For this the occur we must see our teaching from the view of the â€Å"four critical lenses†Ã¢â‚¬â„¢(cited in Roffey-Barentsen and Malthouse 2009,p10 ). The four lenses being: 1. The teacher 2. The learners 3. Our Colleagues . The view of literature and theories. Although time consuming this theory provides a thorough reflect ion on our practice through feedback and research rather than just our own thoughts. Professional Reflective Practice This theory combines the personal achievements generated via reflective practice with the benefits of CPD where teachers improve skills and knowledge enhances their professional performance. Tummons (2007, p89) describes this as ‘A constant critical appraisal of teaching and learning, and of the work of the tutor generally. Ideals from Schon, Kolb, Gibbs and other theorists can be encompassed in professional reflective practice this ideal would include seminars, workshops, conferences, meetings, training days, 1. 1 reviews, observations and general conversations. Having identified what you could do to benefit your practice you would create an action plan clearly defining SMART targets My approach to reflective practice I have in the past relied too heavily on Moon's ‘common sense’ theory. Thinking is a natural process we have little or no control o ver.I have often delivered a session with my head buzzing with thoughts and ideas; these would take on the form of what went well? What did’t goes well? Why? What can I do instead? This thought process of ideas has its benefits. I was analyzing my teaching practice rather than simply carrying on with no consideration to its merits. The main problems being that I rarely wrote my reflections down. There was no organization or structure to the reflective practice. This form of reflection is too insular and self reliant.When I first started teaching I think I probably lacked the confidence to actively seek the views of others and accept constructive criticism. Since undertaking the DTLLS course I have as a prerequisite of learning kept a reflective journal. This method of reflection links in with Schon’s ‘Reflection on Action. ’ Actually taking time to stop and write down reflection has been very beneficial This allows time for greater and more structured eval uation identifying what went well and want didn’t’ go so well. From here I am able to plan what I need to improve upon. Schon (1983) also outlines ‘action in practice. I found this concept of ‘thinking on your feet’ a necessity of teaching. A session plan may sometimes no longer be valid. I have in the past had to a change activities that require certain numbers due to poor attendance. Similarly if I unexpectedly have a small group I may not use planned resources such as flipchart which seem impersonal for only four learners. As my teaching experience has developed so has my capacity for reflection. Drawing on Brookfield’s critical lenses. I am now more confident and aware of the benefit of feedback to seek the views of learners, peers, mentors etc.This creates a greater spectrum of reflection rather than simply my own to learn from. Gibbs reflective cycle (1988) has become a natural part of my teaching and reflective practice. This is especia lly beneficial with one day courses I teach again and again. In this situation it is easy to become complacent and lazy and stick with same session plan. Actively reflecting with feedback from others enables me find methods of improving the session. I then can try out the new plan. Once tried I then reflect on the new plan and so the cycle continues.Of course I wouldn’t make change for change sake. The out come of the reflection could be that it all went well in that session. Continual Personal and Professional Development As a teacher when considering CPPD I have two consider what The IFL defines as the ‘Model of Dual Professionalism’ (www. ilf. co. uk) Your subject specialsim Your teaching In both instances I need to undertake an analysis to identify training and development needs. I am still a teacher in training so my professionalism is continually developing through my college studies which includes much research.In my work place I have attended training day s on relevant teaching areas such as coaching your team and Giving and Receiving Feedback and conferences such as E-Leaning and Final Lap Mentoring. Once my training is complete I will need to actively seek development opportunities in this area. I could do this through the ILF, College network, educational websites, publications and productions. The opportunities for personal and professional development in the Health and Social Care Profession are considerable. Keeping up to date with relevant legislation is paramount.Generally literature is provided on this by the Care Quality Commission or MHA Head office. For instance I recently went on a training day on delivering e-learning. However as an educationalist it is vital I don't just assume there are no changes if no one has informed me other wise. The QCC website is the best reference point on legislation. Specific area of my role such as manual handling, Fire Safety and First aid require me to update my trainer’s skills wi th a refresher course every two or three years.As I teach in a company that specializes in Dementia care it is vital I actively seek new knowledge in this area. Ideas and Theories on Dementia and Dementia care are constantly progressing and it is vital I progress inline with them. To aid this read the Dementia Care magazine, Alzheimer’s Society website, Bradford and Stirling University both research in dementia care. A positive example of this is an article I read on the benefits of Doll Therapy. Some of the residents in the home carry dolls around which some cares found inappropriate.Having a professional theory to discuss with staff/Learners was highly beneficial. All development I do for my work has an effect on my personal development. The increase in skills and knowledge gives me more confidence and expands my creativity. In my free time I enjoy reading and creative writing and have taken relevant courses for pleasure. I have in the past been to work obsessed and taking on to many courses at once. This resulted stress and affected all areas of my life. I now can prioritise my CPPD to allow me time to relax and spend time on other things that are important.When I started DTLLS I was also doing an Open University course. I found it too hard to juggle both and working. I made a decision to complete the OU module I was studying and put my university studies on hold until I have completed DTLLS. Conclusion I can link my reflective practice to most of the theorists. The common sense view' of quite literally thinking is something I do constantly but I have learnt the benefits of taking a more structured and creative approach to reflection. Working through a cycle of doing, reflecting, researching, planning and doing means my teaching practice can only improve.This has given me more confidence and benefits the learners. Linking in reflective practice with CPPD ensures my development as a teacher and a subject specialist. Through my work place I am able to identify training and development needs with my manager. As an autonomous learner is vital I constantly Seek new avenues to ensure my Health and Social Care knowledge is up-to-date and relevant. 1. Report Introduction For this report I have provided a critical analysis which summarises the following aspects of my ongoing personal and professional development in the following areas: Teaching roles and contexts within the lifelong learning sector * Impact of own beliefs, assumptions and behaviours on learners and others * Impact of own professional, personal and interpersonal skills, including Literacy, Numeracy and ICT skills on learners and others. To carry out this report I have used my personal reflective journal. I have also drawn on past assignments, observations, peer group discussions. I researched books, journals and the internet to gain a wider perspective. Analysing my own role as Trainer and comparing it with others such lecturers nd tutors highlights the similarities as w ell as exploring the unique aspects that define each role. As an individual and a teacher it is difficult to recognise and at times accept that your personal beliefs, assumptions and behaviours may impinge on learners. In this report I recognise my ‘teaching schemata’ and explore both positive and negative effects this may have on learners and others. This links in with the analysis I have made on how my personal, professional and interpersonal skills will have an impact on learners and others. Part 3 A Teaching roles and contexts within the lifelong learning sectorThe table below explores the different roles and contexts within the lifelong learning sector, analysing their similarities and differences. All definitions of roles are taken form: The Chambers Dictionary 10th Edition (2006) Job Role| Contexts| Duties| Same as| Difference| Trainer‘A person who teaches skills to people or animals and prepares them for a job, activity or sport’ | The workplaceComm unity Learning CentresTraining companies| * Identifying company training needs. * Designing, delivering and evaluating training. * Developing induction and appraisal schemes. Coaching and assessing individuals or small groups * * | Similarities to teacher, tutor, lecturer in terms of planning and delivering learning. Also assessments. | A trainer is generally work based as apposed to teachers or lecturers who are college or school based. | Teacher‘A person whose profession is to impart knowledge practical skill or understanding’| SchoolsSixth form colleges| * Panning sessions * Delivering learning * Evaluation of teaching and learning * Setting and marking working * Monitoring and dealing with behavioural issues. Tutor, trainer and lecturer in terms of planning and delivering learning. Dealing with behaviour is most akin to lecturers. | Different to most in that a teacher is generally associated with schools and children. Some sixth form colleges may have teachers. | Tu tor‘A person who teaches a single person or very small group’| Colleges Community Learning CentresDistance and online learning. | * Planning and delivering learning to individual or small groups. * Providing feedback on assessments * Tutor may be a mentor for learning development such as a form tutor or individual tutor. Similarities to teacher, trainer, lecturer in terms of planning and delivering learning. | More 1-1 work than lecturersDifferent from all if online or distance learning. | LecturerA person who teaches at college or university| CollegeUniversities| * Teaching, lectures, seminars and fieldwork. Preparing teaching sessions and developing teaching materials. Setting and marking work. | Similarities to teacher, trainer, lecturer in terms of planning and delivering learning. | Different to NVQ and Trainer in context.Lecturers would not be found in workplace| Assessor‘Person who assesses’| CollegeWorkplace| * Plan and deliver NVQ workshops * Obser ve and assess candidates * Examine candidates’ evidence| Similar to trainer in that learning is work based. | Different to teacher and lecturer as an assessor will not deliver learning to large groups. | Part 3 b My role and responsibilities as a Trainer in Health and Social Care work-based learning Through discussions in the DTTLS course I have identified two major differences between my role as a Trainer and my peers as Lecturers.The first being that of context . My teaching is carried out in individual’s own workplace. Learning is delivered in a training room and in the care environment. Lecturers deliver learning in a college in a traditional classroom setting. The two do at times overlap, workplace learners may work towards vocational qualifications through local colleges. In this case I may arrange for learners to undertake this learning and support them through their work. The other main variation is in purpose. I facilitate learners with skills and knowledge to enable them to function in the workplace.Learners gain company certification or in some cases nationally recognised awards, however they are not working for one or two years towards an educational or vocational qualification as they would in a college. In unit 15 I explored the difference between teaching and training. Gary Pollice, Professor of Practice Worchester University noted this main difference. In his article Teaching Versus Training (2003). He stated training ‘focuses on skill’ whereas teaching ‘implies deeper knowledge and a longer time frame. ’ This effectively sums up one of the major differences I identified.As a trainer in Health and Social Care it is my responsibilities to ensure my knowledge is kept up-to-date and in line with current legislation, polices, procedures and changing views and ideas within the care sector. Not doing so would have a detrimental effect on learning and the working practice of learners. I am constantly aware that my CPPD will have a direct impact on the quality of training I provide. In unit 5 I examined the aims and philosophical issues associated with my subject specialism. These were derived mainly from CQC and MHA care group.The ultimate aim being to provide the best possible person centred care for service users. I work closely as part of a team to ensure this is provided. I liaise with senior staff to discuss any new developments within care and the impact they will have on learning and working practice. I often attend the same training, seminars and conferences as senior staff. This ensures we all have the same knowledge and skills Transference of skills has a major influence on how I and others measure the quality of the training I provide.Howarth and Morrison (2005, p295) observed how effective transfers are ‘affected by a range of factors beyond the design and delivery of a training event. ’ I work with key people to make sure skills and knowledge are effectively passe d on to staff and reflected in the care provided. If this is not the case then I may need to reassess my own skills and knowledge. Part 3 C The Impact of my own beliefs, assumptions and behaviours on learners and others. As an individual it is difficult to recognize our own ingrained beliefs, assumptions let alone comprehend the impact these may have an others.As a teacher the impact can be magnified as others look to us to learn. In an article Focus on Teacher thinking it was stated Everything a teacher says and does springs from the teacher’s inner reality – the worldview, beliefs, values and other thinking processes that are so familiar they become invisible (www. teachersinmind. com) When I enter a classroom/training room I like to think I put my professional hat on and leave my personal influences behind. Williams and Burden ((1997, p57) however would disagree ‘Teachers beliefs about learning will affect everything they do in the classroom. To identify my ow n personal influences I have examined some elements of my unique ‘Teaching Schemata’ (wwww,prodait,org 2006) . This is the amalgam of beliefs , knowledge and assumptions held by the individual teacher. Elements of my personal ‘Teaching Schemata’ | * I believe it is important to have basic ICT, Literacy and numeracy skills * Reading is fun * Learning enriches your life * ICT is an inevitable part of day to day life * I think everyone should want to reach their full potential * Adults should naturally adhere to a certain code of conduct in a learning environment. Adults want to learn * Music has positive benefits on your mental well being * I love anything outdoors. * I’m a vegetarian and animals are an important part of my life * I was brought up C of E but no longer practice or believe. * Monogamy is important * I used to be shy at school but now I’m outgoing * I tend to adopt a ‘ce la vive’ attitude to life. If it makes you happy then do it! * I’m very easy going and rarely loose my temper. * People should always see the best in others and try to understand why they behave the way they do. The list above is by no means exhaustive but includes what I consider to be my main belief system. I would generally consider my positive and friendly personality to have a constructive benefit on learners. I’m proud of the fact that learners enjoy their learning and in all my observation it was commented that I had an excellent rapport with learners. In unit 15 I drew on an element of my reflective journal where this rapport had a negative effect. Four learners failed to turn up when I was being observed. I took his a personal insult, but it was pointed out to me by a colleague that it was because I was so easy going that they probably thought I wouldn’t be annoyed. The concept of achieving an equal balance between my natural friendly personality and adopting a more professional persona when necessar y is an area I have developed but need to continue to do so. I have attended courses in assertiveness and influencing and negotiating to aid my development in this area. Discussing ideas with other teachers has helped significantly. In my very initial stages of teaching I made a basic mistake due to my somewhat supercilious assumptions.When setting up a learner, a lady of around 50yrs, on E-Learning I simply gave her the laptop, password and username and told her to log on to the Aims Perform site. I went off to sort out some paperwork while she did this. When I returned I found an embarrassed learner who hadn’t even switched the laptop on. She sheepishly told me she’d never used a computer before. The impact for the learner was that of humiliation and a failure to learn. For myself it was an early learning curve in never making assumptions about learners existing abilities.Although I’m still surprised how many people don’t have their own computer and hav e little or no ICT skills I have learnt to adjust my perception and address the situation in a manner that does not embarrass or humiliate the learner. Gaining an awareness of the extent to which adult learners may lack basic skills has had an effect on my professional development. I have actively sought ways to integrate key skills into learning. Care for Skills agency provide extensive resources and information on enabling teachers to embed key skills into the care induction programme.The impact on learners is that I, as a teacher am more in tune to learning needs and an increased opportunity to improve their key skills through work based learning. Also I taught a fully integrated course with New College which improved my skills in key skills teaching. Part 3 D The impact of my own Professional, Personal and Interpersonal skills including Literacy, Numeracy and ICT Skills on Learners and others Trainer/Teacher My teaching qualifications PTTLS and year 2 DTTLS have given me signifi cant skills and knowledge in this area. This impacts on what I am able to offer my place of work and learners.This includes planning, delivering and evaluating individual sessions and schemes of work. Also carrying out diagnostic assessments, assessing learning, being aware learning styles and learning theories, designing and using resources. The more skills I have as a teaching professional the greater opportunity I will have to maximise the learning potential of the workplace learner at MHA. Management will have greater confidence in giving me greater responsibilities such as designing courses. I have also joined the Institute For Learning (IFL) as an affiliate member whilst working towards qualified teacher status.The IFL gives members support in continuing professional development. The IFL state: CPD gives the public, learners, the teaching community and the sector confidence that teachers, trainers, tutors and assessors are continuously improving skills and knowledge and expert ise (www. ilf. ac. uk, 2009) Health and Social Care Professional As I have a dual profession there is little point in me solely focussing on my teaching skills. It is equally as important that I monitor my knowledge of my subject specialism. My learners need to have confidence that I have a higher level of knowledge of the subject than they do.The care provider I work for need to know that I am facilitating training that is current and relevant. In unit 15 I stated that one of my best assets was having what Skills for Care (2009) describe as ‘experts by experience. ’ Having years of hands on experience in the care sector not only equips me we a high level of skills and knowledge but also gives learners confidence that I know what they experience in the workplace. To keep my care skills current and relevant I attend the same training, conferences and seminars I would as if I still worked in the field. Personal DevelopmentMy personal development can also have an affect on learners. Having a good level of work and life balance make me a calmer and more rounded person. Much of my personal development such as creative writing enhances my creative abilities as a teacher. I initially started my degree with the Open University for personal development rather than professional. I started with a course I knew I would enjoy – Level 2 Creative Writing. This required me to post my work on an online tutorial for others to give feedback on. Similarly I was required to give feedback on the work of others.This enhanced my ability to accept feedback from managers, teachers, college peers and learners. This in turn assisted me to provide constructive feedback to my peers and learners which is something I have difficulty with. Interpersonal Skills My interpersonal skills have developed as my confidence has grown. Looking back on my reflective journal from last year I can see there were times when I lost deportment in sessions when learners asked questions I wa s unsure of, didn’t participate in sessions or were deliberately awkward as they didn’t want to be in the session.This had a detrimental effect on learners and myself as I felt they would loose confidence in my ability to teach them. I over come this through feedback, talking to other teachers and simply by gaining experience. My most recent observation demonstrated how much my confidence has improved. This reflects on the quality of learning learners receive. On a general level I feel I have good interpersonal skills. Working in the care sector for years has given me strong emotional intelligence. I am easily able to empathize with other. I am able to actively listen, thus making me an effective communicator.I have been able to develop appropriate communication skills. Initially I was too much of a friend to learners and didn’t want to offend anyone. I found sugar coating feedback was non productive. I have managed to improve my balance my as a teacher, giving constructive feedback and delivering enjoyable sessions. Numeracy Numeracy is not my strongest point. I have GCSE grade C which I achieved 18 years ago. When I worked at Penhill Community learning centre working 1-1 with learners to gain entry level 3 and level 1;2 numeracy awards I was concerned about my own numeracy levels and ability to help others.I went on the Move On website to test and improve my abilities. When I started the PTTLS course I was required to take an assessment on the computer to check for skills fade. Thankfully I had a clear level 2 pass. Although numeracy is not a strong element in Health and Social care it is still important to maintain my skills in this area. I embed numeracy in areas where learners will uses it in their workplace such as weights, measurements, BMIs and statistics. This will impact on their ability to perform everyday tasks at work. ICT I have fairly good ICT skills.This has enabled me to facilitate e-learning confidently. This has helped l earners to access and undertake courses they may not have had access to otherwise. e-learning enhances learners own ICT skills which will benefit them in the workplace and wider society. One area I had to develop was using ICT in presentations. My workplace did not have facilities for this so I had little opportunity to practice. I felt this limited my resources and didn’t account for exclusivity with regards to learning styles. My first attempt at PowerPoint presentation was for my presentation was to my peers at college.I was pleased to have produced and presented a presentation even if I did forget to put it on slide show! Feedback from my peers and my own reflection identified this as an area of weakness. I have since convinced my workplace to buy more equipment. I am now confident in using the projector for presentations. This enhances learners experience including participating in e learning in groups. Literacy Literacy is an area I am quite proficient in and had passed university modules in with good grades. I enjoy reading and creative writing in my free time.I do however have to be aware of the language I use and the levels I expect of others. Many of my learners will be at entry level 3 or lower so I need to keep language in resources simple. Through initial assessments I can identify what level learners are at. I embed literacy into learning. The Skills for Care Base have excellent resources I have used to enable learners with literacy. The fact that I enjoy reading means I am always keen to research my subject this will enrich the knowledge I can impart on learners. ConclusionMy dual role as a teacher and a Health and Social Care Professional effectively means I I have two areas where I need to actively monitor, evaluate and accomplish continuing personal and professional development. Clearly identifying my role and responsibilities can enable me to pursue relevant avenues. Being aware of my own beliefs, assumptions and behaviours and the im pact they may have on learners and others is difficult but essential. Through course of action I realised my assumptions about adult learners existing skills was having a detrimental effect on their learning.As a teacher my own personal, professional and interpersonal skills have a major impact on learners, as they are looking to me to facilitate knowledge and skills. The organization I work for is trusting in my skills to carry out my role efficiently. Not doing so could have a damaging effect on the care service users receive and the reputation of the establishment. This highlights the importance of CPPD. Words 3116 Bibliography Books Gray, G. Cundell, S. Hay, D. O’Neill, J. (2004) Learning Through the Workplace. Nelsonthorne: Cheltenham Horwath, J. Morrisson T. 2004) Effective Staff Training in Social Care Routledge: Abingdon Roffey-Barentsen, J and R ,Malthouse. Reflective Practice in the Lifelong Learning Sector. Learning Matters: Exeter Tummons, J. (2007) Becoming a Tut or in the Lifelong Learning Sector. Learning Matters: Exeter Wallace, S. Teaching and Tutoring in The Lifelong Learning Sector. Learning Matters: Exeter Internet Code of Professional Practice www. ifl. ac. uk Communication and number skills at induction and beyond www. scie-careskillsbase. org. uk (accessed 31/08/2009) Continuing Profesional Development www. fl. ac. uk Critical Reflection on Teaching www. prodait. org (accessed 17/02/2010) Education and Training – Job Profiles http://carersandadvice. direct. gov,uk Focus on Teacher Thinking www. teachersmind. com. topics. htm (accessed 17/10/2010) Gibbs Model of Reflection www. qmu. ac. uk (accessed 04/01/2010) Gary Pollice:Teaching versus training http://www. ibm. com/developer works/rational/library (accessed 10/08/09) Methodist Homes Association http://www. mha. org. uk (accessed 30/8/09) http://www. skillsforcare. org. uk/workforce_strategy (acesssed30/08/2009) Muir, G.Theories of Adult Education Teacher Versus Facilitato r www. adulteducation. eu/Theories. of-adult-education (accessed 19/08/2009) Reflection and Reflective Practice www. learningandteaching. info/learning/reflecti. htm (accessed 30/01/2010) Reflective Practice www. educ. utas. edu. ac (accessed 30/01/2010 Social Care Institute for Excellence www. scie-caebase. orguk Quality Care Commission www. cqc. org (accessed 10/08/09) What is reflective practice ? www. ukcle. ac. uk (accessed 06/03/2010) What is the Difference Between a Teacher and a Trainer? http:/society. com/education

Revisioning the Scholarship Boy

Re-Visioning the Scholarship Boy In â€Å"When We Dean Awaken: Writing as Re-Vision,† Rich describes the dilemma we all face as humans in our search for identity. Are we to allow the forces of the past to define us, or are we to transcend these forces creating a new identity? For Rich her struggle with a male dominated society causes her to redefine herself through writing. As the title of her piece suggests, Rich uses â€Å"writing as Re-vision,† a way to rewrite the past, effectively breaking free of tradition.In â€Å"The Achievement Of Desire,† Rodriguez is faced with a similar crisis of identity, when faced with Hoggart’s concept of the â€Å"scholarship boy†. While this concept seems to represent the hold of authority over Rodriguez, he instead uses it in his search for identity, breaking the hold of authority over him. Rich writes, â€Å"until we understand the assumptions in which we are drenched we cannot know ourselves†¦. †(Ric h 18). In much the same way Rodriguez must understand the assumptions imposed by the concept of the â€Å"scholarship boy† in his quest for self-identity.When examining Rodriguez’s struggle the following questions arise: Has Rodriguez broken free of the academic authorities in his life, which attempt to rigidly define his identity? Is he a â€Å"scholarship boy,† or something more? When contemplating these questions, we come to a surprising result; Rodriguez had used his quest for identity as a catalyst, allowing him to solidify his own philosophy of education. Throughout the achievement of desire Rodriguez uses the concept of the scholarship boy to express his philosophy of education.While at first we see the scholarship boy as a mere caricature, eventually it begins to increase in depth, until finally we realize that Rodriguez is in fact talking about himself. Rodriguez writes: â€Å"In large part, however, the reason he is such a bad student is because he re alizes more often and more acutely than most other students – than Hoggart himself – that education requires radical self-reformation. †(529) In this passage we begin to see pieces of Rodriguez’s philosophy of education. For Rodriguez, a successful education exists as a force of inevitable change.This change often pulls one away from their native culture, integrating them with society. Rodriguez states, â€Å" Radical educationalists meanwhile complain that ghetto schools oppress students by trying to mold them†¦the truer critique would be just the reverse: not that schools change ghetto students too much†¦they change most students barely at all. †(529) For Rodriguez a proper education inevitably â€Å"molds† the student. The emphasis in the American educational system on â€Å"creativity and originality† ultimately hinders the success of the student.Rodriguez furthers his philosophy on education with his views on imitation. For Rodriguez imitation i â€Å"From the story of the scholarship boy there is no specific pedagogy to glean†¦ he makes clear that education is a long unglarorous even demeaning process†¦Ã¢â‚¬ ¦. Great quote to set up another paragraph For rodriguez, education need not be a pleasurable process. While thescholorship boy seems a negative story in reality it is a necessary one in terms of education. For the student of immigrant parents to become educated he must be ripped from his native cultureRodriguez reveals; â€Å"A primary reason for my success in the classroom was that I couldn’t forget that schooling was changing me and separating me from the life I enjoyed before becoming a student. †(516) During the beginning of his life, Rodriguez lives as the â€Å"scholarship boy†. Rodriguez writes, â€Å"I lacked a point of view when I read. Rather I read in order to acquire a point of view. †(527). Furthermore Rodriguez writes â€Å"I knew too much (and not enough) to be able to write anything but sentences that were overly cautious, timid, strained brittle under the heavy weight of footnotes and qualifications.I seemed unable to dare a passionate statement†(531). After these realizations Rodriguez searches for an answer to his shortcomings in academic literature coming face to face with Hoggart’s concept of the â€Å"scholarship boy†. For the first time Rodriguez begins to question himself, framing these inquiries through the concept of the â€Å"scholarship boy† Through questioning himself Rodriguez finally comes to terms with himself allowing a synthesis to occur, applying his skills of abstraction to his problem of identity.Rodriguez writes â€Å"And yet, positively: the ability to consider experience so abstractly allowed me to shape into desire what would otherwise have remained indefinite. †. Rodriguez takes this synthesis further concluding â€Å"If, because of my schooling, I had gr own culturally separated from my parents, my education finally had given me ways of speaking and caring about this fact†(532). Rodriguez goes further to illustrate his transformation, by contrasting his thoughts as a â€Å"scholarship boy† with his thoughts in the present.Rodriguez writes â€Å" Faithfully, I wrote down all that they said. I memorized it: â€Å"The praise of the unlettered by the highly educated is the primary theme of ‘elitist’ literature† But, â€Å"the importance of the praise given the unsolitary, richly passionate and spontaneous life is that it simultaneously reflects the value of a reflective life. †(532). To Rodriguez this quote falls perfectly in line with his own conclusions from his experience, the wisdom of learning to balance the two opposing forces in his life. Yet as a scholarship boy these words mean nothing to him.Rodriguez writes, â€Å"But there was no way for any of it to mean very much to me. I was a sch olarship boy at the time, busily laddering my way up the rungs of education. †(532). Throughout â€Å"Achievement of Desire†, Rodriguez maps his transformation from a â€Å"scholarship boy†, to someone with his own authority. It is possible to see a similar transformation occur for Rich when we examine â€Å"When We Dead Awaken: Writing as Re-Vision†. For Rich the final step of this transformation is through her act of writing about her struggle.Rich writes, â€Å"Moreover if the imagination is to transcend and transform experience it has to question, to challenge, to conceive of alternatives, perhaps to the very life you are living at the moment. †¦. For writing is re-naming. † (Rich 23). It would seem that a final piece of evidence for Rodriguez’s transformation is â€Å"Achievement of Desire† itself. Rodriguez’s ability to write about his struggle allows him to use the transformative power of the imagination, effectively using writing as Re-Vision.

Public Law 3 Essay Example | Topics and Well Written Essays - 3500 words

Public Law 3 - Essay Example However, the so called judicial power in re the HRA is not as ideal as it would seem with respect to existing primary legislations because even if the courts can declare it as incompatible with convention rights, it is at the pleasure of the Parliament to revoke, modify or alter that legislation. The judicial power to declare incompatibility with convention rights therefore does not subsume the power to strike down primary legislation (Wright 2001 p 15). The HRA, in effect, pits entities called public authorities vis-à  -vis convention rights, and determines if the former have committed acts that violate the convention rights of the latter. The impact of the HRA is that it compels local courts to take into consideration the decisions of the European Court of Human Rights in Strasbourg concerning cases involving the HRA rather than the usual reliance on their own precedents. Previously, the courts were under no compulsion to religiously follow the ECPHR provisions. This is because the act of the state in entering into an international treaty cannot and does not affect a state’s domestic law. In fact the ECHR played only a secondary role in court decisions prior to the HRA. This court perspective was illustrated by Lord Denning when he remarked: â€Å"The Convention is drafted in a style very different from the way in which we are used to in legislation. It contains wide general statements of principle. They are apt to lead m uch difficulty in application because they give rise to much uncertainty. [†¦] So it is much better for us to stick to our statutes and principles, and only look to the Convention for guidance in case of doubt† (Faulks & Warnock 2008). The English courts however, did not totally discount the ECHR provisions prior to its incorporation into domestic law. In one of the cases, Lord Bridge remarked that â€Å"it is well settled that that, in construing any

The Effects of Global Warming on the United States and Sudan Essay

The Effects of Global Warming on the United States and Sudan - Essay Example Global warming has similar negative effects on human rights issues because of its impacts on health and water and food security in the U.S. and Sudan, but Sudan experiences a different negative effect of potentially greater conflict because of the scarcity of basic needs. The history of human rights in Sudan and the U.S. are dissimilar in values because they have different human rights conditions. The Universal Declaration of Human Rights provides basic guidelines for all nations regarding the establishment and protection of equal human rights. The U.S. has a Constitution and Bill of Rights that aim to promote basic human rights, as well as access to civil and political freedoms. After the Civil Rights Movement, equality laws and other laws reinforced equality and banned discrimination of any form. The U.S. also has a vision of environmental justice that is essential to environmental rights. In 1994, President Bill Clinton issued Executive Order 12898 that mandated federal agencies to pursue environmental justice (Dawson 326). Six years afterwards, the Environmental Protection Agency (EPA) issued instructions for the state agencies, so that they can handle environmental justice lawsuits (Dawson 326). This movement declined under the Bush administrati on because of the dominance of business interests, while Obama returned the importance of environmental concerns (Dawson 326). Based on the history of human rights and environmental issues in the U.S., it has been a series of ups and downs on the basis of environmental rights, although basic rights and freedoms are relatively stable since human rights and freedoms are instituted through equality and other similar laws. The U.S. generally supports the Universal Declaration of Human Rights. Sudan, on the opposite, experiences a troubled human rights history. Human rights in Sudan became harder to access since 2012 because of the

Arab and Israel Conflict Essay Example | Topics and Well Written Essays - 1000 words

Arab and Israel Conflict - Essay Example icinity and beyond - forcing them to define their respective principles of national security in the context of balancing levels of political linkage across a multitude of conflict events." (Feste 1991, P xv). Therefore, the Arab-Israeli conflict has been influenced by several essential elements of the socio-cultural and religious life of the Arabs and the Jews and the process of negotiation was greatly affected by these factors. It is fundamental to make a reflective analysis of the history of negotiations and the role of international community at reaching a settlement in the Arab-Israeli conflict. A profound exploration of the history of the Arab-Israeli conflict indicates that the scope of negotiations has always been open in the conflict. As the people of the Middle East have been unsuccessful in establishing a stable and settled system of nation-states in the region, the assistance of the Great Powers of the world has often been sought for. The negotiation processes always incorporated non-violent CMTs, diplomacy, and force. "In the Arab-Israeli conflict, negotiations and nonviolent CMT are part of an overall strategy combining diplomacy and force. The combined use of diplomacy and force was the most common form of crisis regulation in the Arab-Israeli conflict." (Ben-Yehd and Sandler 2002, P. 65). There were significant attempts by the Great Powers of the world

How does Technology Affect the Law, How does the Law Affect Technology Research Paper

How does Technology Affect the Law, How does the Law Affect Technology - Research Paper Example They have become a staple need in our daily lives and even provide entertainment for a boring day at work. Cell phones, as handy as they may be, can cause distractions which provide the opportunity to end the carrier’s life and even those around them. On July 1st, 2008, California State passed a law banning the use of wireless phones while operating a motorized vehicle. In the United States, cell phones cause about 2,600 deaths and 330,000 mobile phone related injuries per year ( livescience.com. 2005). With the new law in effect, it will help prevent the use of mobile phones while driving and hopefully cause less deaths and injuries. On the conservationist front, the Californian government is proposing to ban the usage and sales of large screen television sets. In a report by wired.com, by January 1, 2011, California’s television size limit will reduce to 0.156* Screen Area (sq. in.) + 80 and 0.12* Screen Area (sq. in.) + 25 in 2013. This stand is to help reduce energy consumption and promote energy conservation in California and will reduce energy costs by 49%. Other electrical appliances to have been regulated by the government include air conditioners, and even refrigerators. Facebook, a popular website used by millions world-wide, has caused even the Canadian government to change its plans. On December 7th, 2007, an internet law professor, Micheal Geist created a group in Facebook informing Canadians of their government’s plans of a copy write reformation. BBC news ( 2007) reported that in just two weeks over 30,000 members had joined the group. In fact, many members contacted the Canadian government on the issue. The Canadian Industry Minister, Jim Prentice, decided to delay the reformation. This was proof to many organizations that technological mediums cannot be ignored. With ever-changing technologies, the law may be too slow to keep it in check. Although decades of law enforcement for technology

Employee law and relations Essay Example | Topics and Well Written Essays - 2500 words

Employee law and relations - Essay Example The term substantial effect indicates that the disability is not minor or insignificant but constitutes a barrier to perform function in a normal manner. The significant part of the Act is to consider the effect of an impairment rather than the impairment itself. For example, an employer should consider the effects of back pain, migrain, asthma and dyslexia of an employee rather than considering the sickness. However, certain conditions like multiple sclerosis, cancer and HIV is directly considered as disabilities. The Disability Discrimination Act and its amendments requires employers to avoid harassment, victimisation and the three forms of discrimination at work place and ensure fair treatment for disabled individuals. The three forms of unlawful discrimination includes disability linked discrimination, direct discrimination and the failure to provide reasonable adjustment. The failure of the employer to provide reasonable adjustment is not justifiable if the failure was committed with knowledge of a person's disability. Employers can attempt to identify the disability of people and study its effects on the employee and extent resonable adjustment according to the requirement. The The Disability Discrimination Act 1995 requires employers to provide necessary reasonable adjustments to ensure equal opportunities for disabled individuals to continue work and apply for work. Employers can practice reasonable adjustments for disabled employees depending on the disability and associated requirement. Some of the reasonable adjustments that can be made at workplace are changes to workplace layout and improving the accessibility for disable individuals, assigning a part of the disabled person's duties to a temporary employee, changes to work hours - flexible working hours, starting late or ending earlier, job sharing, etc, additional leave for rehabilitation, treatment or assessment, special training for disabled individuals and their subordinates, provision of adaptable equipment and furnitures like desk, chair, vehicles and computer, modification of instructions in Braille or larger font and assisting communication for the visual as well as hearing disabled by appoin ting a reader. Changes to work arrangement can also result in alternative work or work profile which can be adopted as a reasonable adjustment of last resort. A disabled individual seeking reasonable adjustment should reveal the condition to the employer with adequate data that proves the disability. They have a right to confidentiality and the employer is required to hold the information confidentially unless there is explicit permission from the employee to disclose the details to a third party. This is supported by the Data Protection Act 1998 (What counts as a disability in law' 2008). Though Disability Discrimination Act has laid rules to be followed by the employer in providing reasonable adjustment, there are limitations to this additional service. Reasonable adjustment is not mandatory if it cause unjustifiable hardship to the employer. Further, the employer can avail funds for reasonable adjustment from the Workplace Modification scheme to restructure workplace setting or equipment and to adapt to the requirement of disabled

Urban air pollution and the automobile Research Paper

Urban air pollution and the automobile - Research Paper Example The atmosphere of the earth is a thin cover composed of different gases and water vapors and is a great blessing for mankind as it surrounds the whole earth and sustains the human life on this planet. The vertical thickness and density of the atmosphere depends upon different ecosystems. The atmosphere along with its different ecosystems plays a significant role to maintain the overall planet’s temperature and in provision of coal, oil, food crops, and drinking water to human society. Man has exploited endlessly the available resources and has always assumed that they are inexhaustible. Today human has realized that he has been constantly disturbing the ecological balance and fast finishing the life-supporting systems on the earth. Urban pollution is caused by many factors like industrial and thermal power plants, but more importantly by vehicular emissions. As a result, the outdoor air quality in urban areas has deteriorated significantly. Statistics reveals that in last 30 t o 40 years, the concentrations of suspended particulate matter in huge cities like Mexico, New York, Tokyo, Mumbai, Karachi, Seoul, Beijing, Bangkok, and New Delhi etc were four to five times higher than levels recommended by world health organization (Brown, 1999). A substantial increase in the number of vehicles on urban roads continues to drive up levels of urban air pollution. Common gases emitted by vehicles include carbon monoxide, nitrous oxides, and ozone. These all gases are dangerous to human health beyond certain levels of concentration. Poly-aromatic hydrocarbons released by diesel-powered vehicles are known carcinogens, while smoke from diesel engines has aggravated already elevated levels of airborne soot. Nitrous oxides are emerging air pollutants with the highest concentrations recorded in metropolitans. Thesis Statement. People have right to use car, but there are many solution to save our environment; such as, public transportation and government should make rules to use car. The following paragraphs will deal this statement by describing the beneficiary management and role of public transportation, fuel used by different types of cars, and the corrective preventive measures to control the urban pollution produced by automobiles. II. Public Transportation As compared to 100 years ago, no doubt today human being is enjoying much better mode of travelling throughout the world like presently cars, buses, trams, trains, and subways are facilitating millions of human being daily. According to World Resource Institute (2008), all these transportations contribute to almost 25% of the overall global energy consumption while cars are responsible for about 80%. Since automobiles are major cause of emission of greenhouse gases in atmosphere (Fenger et al, 1999), therefore in respect of urban pollution, the use of public transport is very beneficial because per head it produces less greenhouse gas emissions into the atmosphere than cars. Secondly, the us e of public transportation is cost effective both at individual and national level. Although the use of public transportation is less glamorous, however, it keeps the individual free of searching the parking, fuel, and maintenance of personal vehicle. An integrated and well-planned network of public transportation have shown much better results in reduction of greenhouses gases and other pollutant material into air. For example in United States, there were almost 1.6 cars for every two Americans in 2005 while at the same time 160 Americans were entertained by a single trolleybus. By the advent of trams in Europe, great results have been observed. Trams and trains carry millions of people inside the city on regular basis and thus prevent the society from further automobile pollution which could have been occurred by the use of their passengers. III. Fuel of Vehicles Numbers of fuel options are available now days for the owners to use in their vehicles. However,

Teacher Tenure Essay Example for Free

Teacher Tenure Essay One issue among many issues in today’s education system is teacher tenure. The problem with teacher tenure is that it makes firing an incompetent teacher virtually impossible. Many teachers in public schools have tenure, according to Education Reporter; approximately 80% of public school teachers have tenure (â€Å"Why Bad Teachers†¦Ã¢â‚¬  1). This in turn then affects the amount the students learn and progress. In order for the education system to improve the problem of teacher tenure, needs to find a solution. The amount of time and money required to fire a tenured teacher makes it difficult to remove underperforming teachers, and affects students. Tenured teachers are difficult to be fired because of the amount of money and time required by the schools and state. In many states it can take almost a year to fire a tenured teacher, there are even some states where it could take over a year to fire a tenured teacher. According to ProCon.org, in the state of Michigan it can take up to 355 days to fire a tenured teacher (â€Å"Teacher Tenure† 1). In an Education Reporter article â€Å"Why Bad Teachers†¦Ã¢â‚¬  it states that the Ney York State School Boards Association found that it takes an average of 455 days to dismiss a tenured teacher (1). This process of firing a tenured teacher also costs the state a lot of money, according to ProCon.org a school in Los Angeles a three and a half million dollars to try and fire 7 under performing teachers (â€Å"Teacher Tenure† 3). Due to the amount of time and money required of the schools and states, they are not firing underperforming teachers. According to â€Å" Pro tecting Bad Teachers,† in a Chicago school district 28.5% of 11th grade students met or exceeded expectations on Chicago’s state standardized tests, only 0.1% of teachers were dismissed for performance related reasons between 2005 and 2006 (1). â€Å"Between 1995 and 2005, only 112 Los Angeles tenured teachers faced termination – eleven per year – out of 43,000. And that’s in a school district where the graduation rate in 2003 was just 51 percent, (â€Å"Protecting Bad Teachers† 1). As reported by ProCon.org in â€Å"Teacher Tenure,† 81% of school administrators reported that they knew of a poorly performing tenured teacher at their school; however 86% administrators said they do not always pursue dismissal, (1). The point is that teachers that are not meeting the standards still have their jobs, because the school districts and statescannot afford to spend the time and money on firing them; they therefore continue to teach and it directly affects student test scores and graduation rate. There are cases although where the school instead of firing the teacher they move them to different positions. In LA and San Francisco they pay suspended teachers to answer phones, work in ware houses, or just stay home. One case of a teacher being moved is that of Patricia Adams, her story can be found in the New Yorker’s article â€Å"The Rubber Room,† (2-3). In November of 2005, Adams was found unconscious in her classroom, the principal tried to wake her up but she did not wake up. A teacher at the scene reported that he could smell what he believed to be alcohol on her. Adams two years later returned to teach one last semester and then a secretary position, as long as she had not found another teaching job, and she would be required to have random alcohol testing. In February of 2009, she passed out in the office she worked in a drug and alcohol testing services technician was called to the scene and reported that Adams could not even blow into a breathalyzer and her water bottle contained alcohol. Adams was eventually fired, but cost the school and state a decent amount of money. People like Patricia Adams should be fired when the first incident occurs so they do not cost the state any more money. Tenured teachers that are under performing are not being fired because of the amount of money and time they cost states and schools. Underperforming teachers are not fired due to the amount of money and time required to fire them and in turn affect student’s learning. In some cases teachers that are not performing to standards are moved to â€Å"Rubber Rooms,† where they will do the least amount of â€Å"damage† to a student’s education, these rooms normally contain remedial students. However, there are some extreme cases where teachers are put in a room and are not responsible for students. In New York City according to The New York Daily News† there is an average of 700 teachers being paid not to teach, because it would cost too much to fire them, (â€Å"Protecting Bad Teachers† 2). In The New Yorker it describes a Rubber Room â€Å"It’s a June morning, and there are fifteen people in the room, four of them fast asleep, their heads lying on a card table. Three are playing a board game. Most of the others stand around chatting. Two are arguing over one of the folding chairs. But there are no children here. The inhabitants are all New York City schoolteachers who have been sent to what is officially called a Temporary Reassignment Center but which everyone calls a Rubber Room,† (The Rubber Room 1). The author then states that these teachers stay in the Rubber Room and get paid to do nothing for an average of three years. These teachers take money from the system and affect the students. A student’s success is dependent on consistently having a good teacher. As stated in the New Yorker, â€Å"Kids succeeding in school isn’t money spent on buildings or books, but, rather the quality of their teachers†¦ ‘having a top-quartile teacher rather than a bottom-quartile teacher four years in a row would be enough to close the black-white test score gap,’†(The Rubber Room 4). A student simply cannot be successful in school if they do not have a good teacher. Early elementary students can suffer long – term negative effects, even if they have good teachers later on. The way concepts build on each other throughout school make it very difficult to catch up after a year with a bad teacher. In the MET project it states â€Å"Teachers previously identified as more effective caused students to learn more. Groups of teachers who had been identified as less effective caused students to learn less,† (Ensuring Fair†¦Effective Teaching 3). The success of students relies on the effectiveness of their teachers. In order for the education system to improve, the majority of teachers need to be effective in their teaching styles. There are many different possible solutions to the problem with teacher tenure, including the Peer Intervention Program Plus, taking away tenure, and more effective ratings of teachers. The Peer Intervention Program Plus (P.I.P. Plus), is a program in which teachers suspected of incompetence are observed by a peer teacher for up to a year; at the end the peer then submits a report as to if the teacher was incompetent. This program would allow for the peer to help the teacher improve their teaching and keep the teacher before they would be fired. Another solution is to not have tenure anymore, schools would save money because they would not have to pay incompetent teachers and would not spend money to fire them. Tenure is not needed for some teachers to apply, according to ProCon.org; 900 teachers applied for 80 openings knowing there was no tenure (â€Å"Teacher Tenure† 1). More effective ratings of teachers would also help solve the issue of teacher tenure. These ratings should not be based solely on test scores but balanced with observations as well as student surveys. Many teachers receive one of the top two ratings, because the principals know they cannot fire bad tenured teachers anyways. Teachers could also be evaluated by â€Å"value-added scores,† with this system teachers add value when a student improves in a year. In conclusion the best overall best solution is a combination of the solutions suggested above. Joel Klein and Michael Bloomberg took over the New York school system and their success in the schools is described in the New Yorker. Klein and Bloomberg have a very aggressive approach to removing bad teaches, they also used P.I.P Plus. In the New Yorker school teacher Brandi Scheiner is quoted, â€Å"‘Before Bloomberg and Klein, everyone knew that an incompetent teacher would realize it and leave on their own†¦There was no need to push anyone out,’† (â€Å"The Rubber Room† 1). Bloomberg and Klein’s aggressive tactics to remove teachers have been successful, both graduation rates and test scores have improved since they took over. The principals also play a role in firing of teachers and are therefore responsible in pointing out incompetent teachers and removing them from teaching. An example of a pro-active teacher is Daysi Garcia; she is a princip al in Queens and according to Klein a standout principal. Garcia is motivated to remove incompetent teachers and in the New Yorker is quoted after spending 5 days testifying to remove a teacher, â€Å"‘when I think about the impact of a teacher like this on the children and how long that lasts, it’s worth it, even if it is hard,’† (â€Å"The Rubber Room† 5). Before the education system can improve principals need to step up and remove incompetent teachers. The issue of teacher tenure also needs to be resolved.

Investigating the Possibility of a Developmental Trend in the Way That Children Describe Themselves Essay Example for Free

Investigating the Possibility of a Developmental Trend in the Way That Children Describe Themselves Essay This version of Rosenberg’s research into children’s self-descriptions analysed data from semi-structured interviews with two children; Annie (8) and Kirsty (16). The data was interpreted to ascertain whether, as in Rosenberg’s research, children’s self-descriptions show evidence of a developmental progression and whether locus of self-knowledge shifts from other to self as children get older. Substantial support was found for Rosenberg’s theory that children’s self-descriptions become more complex with age and demonstrate a developmental trend. Some support was found for the idea that the locus of self-knowledge shifts from other to self with age but some of the children’s responses ran counter to expectation. Introduction A child’s sense of identity begins to form at a young age and develops throughout childhood. Eleanor Macoby (1980) pointed out that a sense of self emerges gradually as a child develops more complex understandings. Research shows that children differ in the way that they describe themselves at different ages. Bannister and Agnew (1977) and Harter (1983) found that as children get older they use more complex descriptions and include more references to emotions and attitudes. Younger children rely more on physical attributes, activities and preferences. Bannister and Agnew (1977) proposed that as children get older they become better able to ‘distinguish themselves psychologically’ from others (The Open University, 2009, p.20). Harter (1983) proposed that the way children describe themselves follows a developmental sequence which reflects the notion that identity develops in increments throughout childhood. Rosenberg (1979) focused part of his research into the self-concept on investigating this idea of a developmental trend in children’s sense of identity. He interviewed a sample of 8-18 year olds and created categories in which to sort the children’s responses. In keeping with the findings of Bannister and Agnew and Harter, Rosenberg found that younger children used mostly physical descriptions of themselves while older children relied more on character traits. As a result he concluded that ‘the self becomes less and less a perceptual object and more and more a conceptual trait system’ (Murphy (1947), as cited in The Open University, 2009, p.21). He found that, as children get older, they focus more on interpersonal traits and refer more frequently to relationships and inner qualities. Rosenberg also investigated what he called the ‘locus of self-knowledge’ – the extent to which children develop an ‘independent, self-reflective sense of self’ (The Open University, 2009, p.22). This was measured by asking children who knew them best, themselves or someone else. He found that younger children were more likely to claim that another, usually a parent, knew them better. Older children were more self-reliant when it came to judging themselves. Therefore, Rosenberg concluded that the locus of self-knowledge shifts with age from another to the self. Increased self-knowledge would result in more psychological self-descriptions so this relates to the idea of developmental progression being demonstrated in children’s self-descriptions. This study is based on Rosenberg’s research and is an analysis and interpretation of interview data. Children’s responses are allocated to Rosenberg’s categories in order to answer the research question: Do children’s self-descriptions show evidence of a developmental trend? This study will focus on answers to the ‘Who Am I?’ statements but will also pay attention to further interview responses to understand differences in the way children of different ages self-evaluate, view themselves and others and conceptualise an ideal self. This study also examines the concept of a locus of self-knowledge and asks: Does a child’s locus of self-knowledge shift from other to self with age? Method Design Rosenberg’s research design is employed in this study the responses from a semi-structured interview are compared. Participants The participants are Annie (8) and Kirsty (16), pupils from schools in the Milton Keynes area. They were recruited by the ED209 course team who asked school teachers for help in identifying willing participants. Materials A microphone and a video-recorder were used to amplify and record the interviews. Rosenberg’s semi-structured interview, with questions on self-description, self-evaluation, self and others, ideal self and locus-of self-knowledge was used. A sheet of A4 with the words ‘Who Am I?’ printed at the top and ten numbered lines beginning with ‘I’ was provided to enable participants to complete the written exercise. Adaptations of Rosenberg’s categories were used to analyse the responses to the Who Am I? exercise. The analysis of the ‘Who Am I?’ statements was presented on category analysis forms (appendix 1). A consent form was provided for the parents of the children to sign. Procedure The interviews took place in May 2005 during the day. Both children were interviewed by members of the ED209 course team in familiar rooms used by the schools. Annie was accompanied by a classroom assistant. The participants were told that they could stop the interviews at any time and were briefed as to the purpose of the research. A sound recordist and producer were present but efforts were made to ensure that neither they nor the equipment used inhibited the participants. Background noise was occasionally intrusive and recording halted. The final recording of the interviews was edited to ensure a smooth flow. The recorded interviews were listened to several times. The ‘Who Am I?’ statements were identified and transferred onto a pre-prepared category analysis form (appendix 1). The categories, Physical, Character, Relationships and Inner, were adapted from Rosenberg’s (see appendix 2). Each sentence read out by the interviewer was taken to constitute one statement. The statements were then coded. To ensure coding consistency, each statement was reviewed against the criteria for the inner category, then relationships, then character and then physical. Only if there was no way it could be said to fit within the ‘higher’ category was it pushed down. Even if it may have fitted within two categories, the fact that an order of review was applied meant that it would not be considered for a second category if it had already been allocated. Once the categories had been applied, the responses in each column were added up and the percentages calculated so that the results could be compared with Rosenberg’s findings. Next the detailed responses to the interview questions, including the locus of self-knowledge questions, were analysed in the context of Rosenberg’s research findings. The responses of the children were analysed to see if the same patterns were present. Ethics The data collected by the Open University ED209 course team was intended to comply with the BPS ethical code and principles. The children agreed to take part and their parents signed consent forms on their behalf. At the start of each interview the children were informed of their right to withdraw from the research and were told that they could ask for the recording to be stopped at any time. The purpose of the research and they way in which the data would be used was explained to them before the interviews began. Results The first research question was: Do children’s self-descriptions show evidence of a developmental trend? The second research question was: Does a child’s locus of self-knowledge shift from other to self with age? Table 1 shows a comparison between Annie and Kirsty’s self-descriptions. It shows that the majority (60%) of descriptors used by the younger child are about physical characteristics and activities and the remainder are character descriptors. She makes no reference to relationships or inner qualities. The majority of the older child’s responses relate to inner qualities (50%). She spreads the remainder of her descriptions across the physical, character and relationship categories. Self Evaluation When discussing their strengths and weaknesses, Kirsty focused far more on character and relationship descriptions than Annie, who focused on physical attributes, particularly for her weak points (‘my ears my legs’). However, Annie counted her friends as a strength and the fact that she likes ‘being myself’. Self and Others Annie’s awareness of similarity to others in her age group was centred on having the same likes and dislikes. She also identified differences between herself and others in this way. Kirsty talked about having the same experiences as others her own age but identified character and inner traits as distinguishing her from others. Ideal Self Annie’s notion of herself in later life was focused upon what job she might do and how else her time may be spent. Kirsty focused on the character traits that she hoped to have developed. Locus of Self-Knowledge The locus of self-knowledge responses were not straightforward as both participants gave ambiguous answers at times. Annie conceded that in some ways her mother would know her better than she knew herself and Kirsty insisted that her mother knew her just as well as she did herself. Discussion In the ‘Who Am I?’ data, it can be seen that, in accordance with Rosenberg’s findings, the majority (60%) of descriptors used by the younger child are about physical characteristics and activities. Rosenberg found that older children are more likely to use character traits to define the self. In this analysis, Kirsty actually uses a lower percentage of character descriptors than Annie, but this is influenced by the large percentage of inner descriptors used. The data in this study supports Rosenberg’s finding that older children referred more frequently to relationships. He also noticed that older children were more likely to reference inner qualities, which can be seen by the high percentage of Kirsty’s inner descriptors (50%). For the main part, the analysis of the self-description data supports Rosenberg’s findings. Rosenberg found that older children focused on interpersonal traits when describing their strengths and weaknesses. Kirsty’s responses follow this pattern but Annie also mentioned the large number of friends she has as a strength. She also said that ‘being myself’ was a strength which was interesting. The interviewer explored this a little more and she seemed to revert back to describing preferred activities. Further prompting, however, may have ascertained that by ‘being myself’ she meant that she was confident about who she was, which would be a character description. It is difficult to tell at this point if Annie lacks the ability to explain what she means which may affect the results. Rosenberg found that only 36% of 8 year olds mentioned interpersonal traits when talking about the person they would like to become, compared with 69% of 14-16 year olds. Annie and Kirsty’s responses fall into the majority pattern for their age group. Analysis of the data provides a positive answer to the research question, Do children’s self-descriptions show evidence of a developmental trend? The developmental trend as identified by Bannister and Agnew, Harter and Rosenberg, is characterised by younger children relying on physical attributes when describing themselves and older children being able to use more sophisticated and complex descriptions that focus more on psychological characteristics. The data in this study largely supports this theory. The evidence for the locus-of-self-knowledge shifting from other to self with age (as Rosenberg found) is less obvious. When asked about who knows her best at school Annie identifies teachers and parents as being the best judge of her performance, which supports the idea that the locus of self-knowledge in young children rests with another. However, when questioned further about who would be right if they had different answers about Annie’s maths performance, Annie’s responses indicate that she is the best judge of her ability. However, when questioned about her behaviour at home she places the locus of self-knowledge with her mother. Kirsty, somewhat surprisingly given her high percentage of references to inner qualities (indicating high self- knowledge), believes that her mother would know her just as well as she knows herself and explains that her mum has ‘pretty much figured me out’. She decides that any differences in answers about how she would behave at home would be a matter of different interpretations. It is possible that Kirsty is unsure about what is being asked and a reformulation of the questions might provoke different responses. Although Kirsty does not exactly place the locus of self-knowledge within herself, she does not place it with someone else either, and so the data does not, in itself, contradict Rosenberg’s theory. The analysis of the locus of self-knowledge responses produces some support for Rosenberg’s findings but it is not conclusive. However, it is important to remember that this is a sample of only two participants and so the data is not enough to prove or disprove his theory. Another limitation of this study is that the coding reliability was not checked. Coding was applied according to one person’s interpretation. Had the coding of the data been interpreted differently results may have been different for the self-descriptions data (see appendix 3 for alternative coding of Kirsty’s responses. In this instance the evidence in favour of a developmental trend in self-descriptions is present but less compelling). Another consideration lies with the ethics of the research. The issue of informed consent is often difficult in research with children. In the case of a young child, such as Annie, it is not clear that she fully understands the nature of the research, despite the fact that it is described in simpler terms than those used to explain it to Kirsty. It is also possible that the power-imbalance between the interviewers and the participants may prevent them from withdrawing from the interview, even if they are told that they can. Conclusion The results of this study provide support for the idea of a developmental progression in the way that children describe themselves, particularly the analysis of the ‘Who Am I?’ data. Qualitative analysis of the other interview questions, however, while showing some support for Rosenberg’s theory, also presents some deviation from expectations.

The History Of Legal Aid Law Essay

The History Of Legal Aid Law Essay The earliest Legal Aid movement was started in the year 1851 when there was an enactment introduced in France for providing legal assistance to the indigent. In Britain the effort of the state to provide legal services to the poor and needy goes back to 1944, when lord chancellor, Viscount Simon appointed the Rushcliffe Committee headed by Lord Rushcliffe to enquire about the existing facilities in England and Wales for giving legal aid advice to the poor.  [1]  This committee also made the desirable recommendations ensuring that the persons in need of the legal advice are provided the same by the state. The recommendations of the Rushcliffe Committee were submitted to British Parliament, which resulted in the enactment of Legal Aid and Advice Act, 1949. In 1945, the Rushcliffe Committee report was brought to the attention of the Government of India. The credit for drawing the attention of the government of India to this important question goes to the Bombay Legal Aid Society who invited the attention of the Government of India to the report of the Rushcliffe Committee. The Bombay Legal Aid Society in their letter  [2]  suggested the appointment of a similar committee in India to examine the problem of Legal Aid. In 1946, the provincial government was of the opinion that the provisions for the grant of legal aid in civil cases were sufficient but the same for the criminal cases needed to be liberalized. After the correspondence between the Government of India and the Provincial Government the resolution was passed in the Bombay Legislative Council and the Bombay State Assembly. The Government of Bombay appointed a committee under the Chairmanship of Mr. Justice NH Bhagwati  [3]  to consider the question of grant of legal aid in civil and criminal proceedings to poor persons, persons of limited means and the persons of backward classes to make justice easily accessible to these persons. The committee threw responsibility on State to provide free lega l aid for those who could not have access to the Courts of Law due to scarcity of means and guidance. The committee also recommended a four-tier  [4]  machinery for giving legal aid. These recommendations could not be implemented. In the same year (1949), the Government of West Bengal also set up a committee on Legal Aid and Legal Advice under the chairmanship of Sir Arthur Trevor Harries  [5]  . The committee recommended to give legal assistance to the poor. The report of the committee could not be implemented due to lack of requisite funds. Since 1952, the Government of India also started addressing to the question of legal aid for the poor in various conferences of Law Ministers and Law Commissions. The first law commission, 1958 in its fourteenth report  [6]  presented a detailed thought of legal aid with a strong plea to implement the Bhagwati and Harries reports. The 14th Law Commission Report stated the fact that if laws do not provide for an equality of opportunity to seek justice to all segments of society, then they have no protective value and unless some arrangement is made for providing a poor man the means to pay Court fees, advocates fees and other incidental costs of litigation, he is denied an opportunity to seek justice.  Ã‚  [7]   In 1960, the union government prepared an outline for legal aid scheme and forwarded it to various legal aid organisations and States for their comments. The state government in a conference of the State Law Ministers expressed their inability to allocate funds for the purpose of the legal aid schemes. The Third All India Lawyers conference in 1962, further considered the question of legal aid. It was suggested that legal aid was an obligation of both State and Central Government and for this purpose they should provide funds. In 1970, the National Conference was convened in New Delhhi on Legal Aid and Legal Advice. This conference emphasised that it was constitutional obligation of the state to make provision for Legal Aid to the weaker sections having no means. Justice P.N Bhagwati  [8]  was the chairman of the Legal Aid Committee which was appointed by the Government of Gujarat for the first time for suggesting ways and means of providing free legal aid and advice to the poor and weaker section of the community. The aim of the committee was to make recommendations so as to render legal advice more easily available and to make justice more easily accessible to such persons, including recommendations on the question of encouragements and financial assistance to institutions engaged in the work of such legal aid  [9]  . P.N Bhagwati observed even while retaining the adversary system, some changes may be effected whereby the judge is given a greater participatory role in the trail so as to place po or, as far as possible, on a footing of equality with the rich in the administration of justice.  [10]   The focus of the committee was the indigent person seeking to access justice. The report stated that there can be no rule of law unless the common man irrespective of the fact whether he is rich or poor is able to claim and justify to the rights given to him by the law. The machinery of law should be readily accessible to all. The poor must be placed in the same position as the rich by means of adequate legal service programme. It stated that the inequality between the rich and the poor in administration of the justice can be removed by establishing and developing effective system of the legal aid programme. Legal aid and advice should be regarded not as a matter of charity or bounty but as a matter of right.  [11]   The judicial attitude towards legal aid was not very progressive. In Janardhan Reddy v. State of Hyderabad  [12]  and Tara Singh v. State of Punjab  [13]  , the court, while taking a very restrictive interpretation of statutory provisions giving a person the right to lawyer, opined that this was, a privilege given to accused and it is his duty to ask for a lawyer if he wants to engage one or get his relations to engage one for him. The only duty cast on the Magistrate is to afford him the necessary opportunity (to do so). Even in capital punishment cases the early Supreme Court seemed relentless when it declared that it cannot be laid down in every capital case where the accused is unrepresented the trial is vitiated. To revive the programme, the Government of India formed an Expert committee for Legal Aid in 1972, under the chairmanship of Justice Krishna Iyer  [14]  . The committee submitted a report in 1973 on Legal Aid known as the Processionals Justice to Poor  [15]  . This report came to mark the cornerstone of Legal Aid Development in India. The report  dealt with the nexus between law and poverty, and spoke of PIL in this context. It emphasized the need for active and widespread legal aid system that enabled law to reach the people, rather than requiring people to reach the law. The report clearly laid down that it is an obligation of the State to ensure that the legal system becomes an effective tool in helping secure the ends of social justice.  [16]   Justice Krishna Iyer rightly observed that, Such a consummation, a proposition to which we are constitutionally dedicated is possible only through an activist scheme of legal aid, conceived wisely and executed vigorously.  [17]  Ã‚  He even said that Law and Justice cannot be regarded as two separate wings any longer and that it had become necessary that they together work towards restoring the faith of the poor man in the legal system by providing him with adequate legal assistance. Justice Krishna Iyer regarded the Legal Aid program as a catalyst which would enable the aggrieved masses to re-assert State responsibility under Part IV of the Constitution. He also said that poverty is a creation of unjust institutions and unjust society. Thus the legal aid programme aimed at revamping the socio-economic structure by way of removing the socially unjust institutions and creating a new order based upon the ethos of human liberty, equality and dignity of mankind. He realised the fact that though the system had been flagged off under the term  We the people of India  it had no longer continued in the same direction want of procedural formalities had taken precedence over the people at the cost of which justice often suffered casualties The expert committee appointed under the chairmanship of justice Krishna Iyer has made significant contribution toward the development of the concept of legal aid in India. A national legal service authority accountable to the parliament but protected from official control was recommended. Simplification of the legal procedure and an emphasis on conciliated settlement outside court has to be the policy of legal aid schemes. The report adopted the three fold test laid down for determining eligibility: Means test- to determine people entitled to legal aid Prima facie test- to determine whether there was a prima facie case to give legal aid or not Reasonableness test- to see whether the defence sought by a person is ethical and moral. In criminal proceedings the committee is not in favour of guaranteeing legal aid to habitual offenders and in cases, which essentially involve private claims. Regular arrangement for aid and advice to the undertrials was to be provided. A liberalized bail policy which was not to be dependent on financial consideration Legal services were to be extended to investigation as well as post conviction stage. Legal services should also include rehabilitative services. In criminal legal aid, the committee was in favour of salaried lawyers. The report also encourages payment of compensation to victims in criminal cases. Family courts should be established for women and children with women judges this is specially required in slum areas and rural villages. Public defence council should be appointed in childrens court. In backward areas, legal advice bureau should be established in each development block. The report encourages the involvement of law students in legal aid schemes particularly for preventive legal services. Public law service should be an alternative available as against the private bar and legal services authority should fix the fees payable to the lawyer. There was unanimous decision of the Committee that the State should regard it as an obligation to provide legal assistance to the poor and indigent. It stated that this obligation of the State was not merely, socio-economic or political but is also constitutional by reason of Articles 14  [18]  and 22(1)  [19]  . Further the report stated that the legislation and rules so made by the government should not be another piece of legislation made with the reference of any foreign legislation as there is a marked difference between socio-economic conditions prevailing in advanced countries and those prevailing in developing countries like India. It also emphasized on having legal aid programmes and that the organization for effectuating the legal service programme must be responsive to the poor in giving legal service and must not be mechanical and wooden in its approach. Even after, such a programme is introduced there must be a continuous examination of its utility and its responsiveness to the poor. The two judges joined forces as a two-member committee on juridicare, released its final report entitled Report on National Juridicare: equal justice- social justice, 1977 hereinafter, referred to as the 1977 report  [20]  . The report while emphasising the need for a new philosophy of legal service programme cautioned that it must be framed in the light of socio-economic conditions prevailing in the Country. It further noted that the traditional legal service programme which is essentially Court or litigation oriented, cannot meet the specific needs and the peculiar problems of the poor in our country. The report also included draft legislation for legal services and referred to Social Action Litigation. It recognises the fact that much of our law was created by the British to suit their convenience and as a result of this it is mostly insensitive to the socio-economic problems of the masses it set out to govern and regulate. This report  [21]  also made an effort to classify those categories of persons who are most in need of legal aid are as follows-   Those persons belonging to the Scheduled Castes or Scheduled Tribes Those persons who either by reason of being inhabitants of backward areas or who are so geographically placed that their voice cannot reach the Courts of justice The poor in general The workman and the peasantry class who toil and labour to earn rewards for their hard work of which they are often deprived. Those soldiers and armed forces personnel Women and children who are deprived social justice on grounds of biological infirmity. Untouchables or those who are referred to as Harijans and who even after abolition of Untouchability under Article 17 of the Indian Constitution are shunned by the Administrative class on the ground of their unacceptance in the community. One of the purpose for setting up the committee was that the central government is of the view that an adequate and vigorous legal service program is necessary to be establish in all the states in the country on a uniform basis. The terms of reference of the Juridicare committee included making recommendations for the establishing and operating comprehensive and a dynamic legal service program for effective implementations of the socio economic measures taken or to be taken by the government including formulation of scheme (s) for legal services. The 1977 report focused on the infrastructure of the legal services of the organization and clearly stated that it was not to be a department of the government but an autonomous institution headed by the Judge of the Supreme Court. The body would have representations from Bar Associations, the Government, the Parliament and the judiciary as well as voluntary associations and social workers and that there would be a multi tier set up for the legal aid organization. The 1977 report was an amalgamation of the 1971 Gujarat report and the 1973 report but absence of certain aspects of the legal services was noticeable. For instance, both the 1971 Report and the 1973 report dealt with the issues arising from the criminal justice separately. Hence it may be stated that except saying that it was continuation of the earlier reports, the 1977 Report made no reference to these aspects. The continuation with the earlier reports was also evident in the reiteration by the 1977 Report of the failures of the traditional legal services programme. The goals of the preventive legal services programme, advocated forcefully by the 1971 Report were recapuliated in this report, it stated that while the endeavor would be to launch a frontal attack on the problem of the poverty, the legal service programme would have to be directed towards providing representation to groups of social and economic protestand  must encourage group oriented and institution directed approach to the problem of poverty. The other goals that were reiterated were: the programme should not identify lawyers with the law but should even pose them against law, wherever law is the reflection of an unjust social order, it had to recognize the inter relatedness of social, legal, educational and psychological problems which beset the poor; the content of the legal services programme was to include spreading of awareness amongst the poor about their rights, tackling the class problems of the poor, initiating socio-legal research into the problems with a view to bringing about reform in law and administration and helping different groups of the poor to organize themselves.  [22]   The 1977 report envisaged several modes of delivery of legal services. The primary mode would be the providing of legal advice through various legal aid offices having both salaried lawyers and assigned lawyers. A whole Chapter was devoted to PIL: and legal aid. It was suggested that the Advocates Act, 1961 be amended to recognize and permit provision of legal aid by law teachers and students. The report clearly stated that the funding of the legal aid programme was the state responsibility and for this identified sources such as court fees collected from the litigants, legal aid steps, levy of special cess, donations and many more for the purpose of funding the legal aid programme and so on. Though the ideas as laid down by the Report was revolutionary but not much that was mentioned in the report was implemented as the government that had appointed the Juridicare committee was not in power when the 1977 report was submitted. The 1977 report remained on the shelf along with it the National legal Services Bill. Though the congress was voted back to power in 1980 but it was too enthusiastic about the 1977 Report. A committee at the national level was constituted to oversee and supervise legal aid programmes throughout the country under the Chairmanship of Justice Bhagwati  [23]  . This committee came to be known as CILAS  [24]  and started monitoring legal aid activities throughout the country. The introduction of Lok Adalats added a new chapter to the justice dispensation system of this country and succeeded in providing a supplementary forum to the litigants for conciliatory settlement of their disputes. In 1987, the Legal Services Authorities Act was enacted, th us crystallising a uniform statutory base for the concept of legal aid throughout the country. Constitutional and Statutory Provisions on Legal Aid Supreme Court on Legal Aid The linkage between Article 21 and the right to free legal aid was forged in the decision in Hussainara Khatoon v. State of Bihar  [25]  where the court was appalled at the plight of thousands of undertrials languishing in the jails in Bihar for years on end without ever being represented by a lawyer. The court declared that there can be no doubt that speedy trial, and by speedy trial, we mean reasonably expeditious trial, is an integral and essential part of the fundamental right to life and liberty enshrined in Article 21. The court pointed out that Article 39-A emphasised that free legal service was an inalienable element of reasonable, fair and just procedure and that the right to free legal services was implicit in the guarantee of Article 21. In his inimitable style Justice Bhagwati declared: Legal aid is really nothing else but equal justice in action. Legal aid is in fact the delivery system of social justice. If free legal services are not provided to such an accused, the trial itself may run the risk of being vitiated as contravening Article 21 and we have no doubt that every State Government would try to avoid such a possible eventuality. Further in the case of Hussainara Khatoon Ors. (V) v. Home Secretary, State of Bihar  [26]  , Patna Justice Bhagwati held that:  its the constitutional right of every accused person who is unable to engage a lawyer and secure legal services on account of reasons such as poverty, indigence or incommunicado situation, to have free legal services provided to him by the State and the State is under a constitutional mandate to provide a free lawyer to such accused person if the needs of justice so require. If free legal services are not provided to such an accused, the trial itself may run the risk of being vitiated as contravening Article 21 and it is hoped that every State Government would try to avoid such a possible eventuality. In the case of  Khatri Ors. (II) v. State of Bihar Ors  [27]  . , the court answered the question of the right to free legal aid to poor or indigent accused who are incapable of engaging lawyers. It held that the state is constitutionally bound to provide such aid not only at the stage of trial but also when they are first produced before the magistrate or remanded from time to time and that such a right cannot be denied on the ground of financial constraints or administrative inability or that the accused did not ask for it. Magistrates and Sessions Judges must inform the accused of such rights. The right to free legal services is an essential ingredient of reasonable, fair and just procedure for a person accused of an offence and it must be held implicit in the guarantee of Article 21 and the State is under a constitutional mandate to provide a lawyer to an accused person if the circumstances of the case and the needs of justice so require, provided of course the accused person does not object to the provision of such lawyer. The State cannot avoid this obligation by pleading financial or administrative inability or that none of the aggrieved prisoners asked for any legal a id at the expense of the State. The only qualification would be that the offence charged against the accused is such that on conviction, it would result in a sentence of imprisonment and is of such a nature that the circumstances of the case and the needs of social justice require that he should be given free legal representation. There may, however, be cases involving offences such as economic offences or offences against law prohibiting prostitution or child abuse and the like, where social justice may require that free legal or child abuse and the like, where social justice may require that free legal services need not be provided by the State. Right to free legal aid, just, fail and reasonable procedures is a fundamental right (Khatoons Case). It is elementary that the jeopardy to his personal liberty arises as soon as the person is arrested and is produced before a magistrate for it is at this stage that he gets the 1st opportunity to apply for bail and obtain his release as also to resist remain to police or jail custody. This is the stage at which and accused person needs competent legal advice and representation. No procedure can be said to be just, fair and reasonable which denies legal advice representation to the accused at this stage. Thus, state is under a constitutional obligation to provide free to aid to the accused not only at the stage of.  Every individual of the society are entitled as a matter of prerogative. He repeated in  Suk Das v. Union Territory of Arunachal Pradesh  [28]  Ã‚  and said   It may therefore now be taken as settled law that free legal assistance at State cost is a fundamental right of a person accused of an offence which may involve jeopardy to his life or personal liberty and this fundamental right is implicit in the requirement of reasonable, fair and just procedure prescribed by Article 21.   Justice Krishna Iyer in  M.H. Hoskot v. State of Maharashtra  Ã‚  [29]  , declared If a prisoner sentenced to imprisonment is virtually unable to exercise his constitutional and statutory right of appeal inclusive of special leave to appeal (to the Supreme Court) for want of legal assistance, there is implicit in the Court under Article 142 read with Articles 21 and 39-A of the Constitution, power to assign counsel for such imprisoned individual for doing complete justice. Justice Bhagwati in the case of Kara Aphasia v. State of Bihar  [30]  where the petitioners were young boys of 12-13 years when arrested, and were still languishing in jail for over 8 years. They also alleged to have been kept in leg irons and forced to do work outside the jail, directed that the petitioners must be provided legal representation by a fairly competent lawyer at the cost of the State, since legal aid in a criminal case is a fundamental right implicit in Article 21. In Centre for  Legal Research Anr. v. State of Kerala  [31]  Ã‚  , Chief Justice Bhagwati took a step further and laid down norms or guide-lines laid down for State to follow in giving support and cooperation to voluntary organizations and social action groups in operating legal aid programmers and organizing legal aid camps and lok adalats or niti melas. While delivering the judgment Bhagwati, C.J., stated that the writ petition raised a question as to whether voluntary organizations or social action groups engaged in the legal aid programmed should be supported by the State Government and if so to what extent and under what conditions. There can be no doubt that if the legal aid programme is to succeed it must involve public participation. The State Government undoubtedly has an obligation under Article 39-A of the Constitution which embodies a directive principle of State policy to set up a comprehensive and effective legal aid programme in order to ensure that the operation of the legal system promotes justice on the basis of equality. But we have no doubt that despite the sense of social commitment which animates many of our officers in the Administration, no legal aid programme can succeed in reaching the people if its operations remains confined in the hands of the Administration. It is absolutely essential that people should be involved in the legal aid programme because the legal aid programme is not charity or bounty but it is a social entitlement of the people and those in need of legal assistance cannot be looked upon as mere beneficiaries of the legal aid programme but they should be regarded as particip ants in it. If we want to secure peoples participation and involvement in the legal aid programme, we think the best way of securing it is to operate through voluntary organizations and social action groups. These organizations are working amongst the deprived and vulnerable sections of the community at the grass-root level and they know what are the problems and difficulties encountered by these neglected sections of Indian humanity. It is now acknowledged throughout the country that the legal aid programme which is needed for the purpose of reaching social justice to the people cannot afford to remain confined to the traditional or litigation oriented legal aid programme but it must, taking into account the socio-economic conditions prevailing in the country, adopt a more dynamic posture and take within its sweep what we may call strategic legal aid programme camps, encouragement of public interest litigation and holding of lok adalats or niti melas for bringing about settlements of disputes whether pending in courts or outside. The assistance of voluntary agencies and social action groups must therefore be taken by the State for the purpose of operating the legal aid programme in its widest and most comprehensive sense, and this is an obligation which flows directly from Article 39-A of the Constitution. It is also necessary to lay down norms which should guide the State in lending its encouragement and support to voluntary organizations and social action groups in operating legal aid programmes and organizing legal aid camps and lok adalats or niti melas. We are of the view that the following norms should provide sufficient guidance to the State in this behalf and we would direct that the State Government shall, in compliance with its obligations under Article 39-A of the Constitution extend its cooperation and support to the following categories of voluntary organizations and social action groups in running the legal aid programme and organizing legal aid camps and lok adalats or niti melas. In  Indira Gandhi v. Raj Narain  [32]  Ã‚  the Court said: Rule of Law is basic structure of constitution of india. Every individual is guaranteed Rule Of Law is basic structure of constitution of India. Every individual is guaranteed the rights given to him under the constitution. No one so condemn unheard. Equality of justice. There ought to be a violation to the fundamental right or prerogatives, or privileges, only then remedy go to Court of Law. But also at the stage when he first is produced before the magistrate. In absence of legal aid, trial is vitiated.