Saturday 30 December 2017

Sample English Essays

[These are some of the essays I prepared from newspaper and articles and it is always better to write your own essays – it is easy to memorize and it shows originality]
ENVIRONMENT / CLIMATE CHANGE / NATURAL DISASTERS
Environment – the word itself paints a revitalizing picture in the mind. Decades ago, the word had a completely different ring to it. From picturesque scenic beauty to brisk air and invigorating pure water, everything about the environment was tailor made for the existence of human and animal. But the human race, being exceedingly selfish cannot be gratified. A quenchless desire to attain more than the environment naturally offers has disrupted the natural balance of the environment. Climate change and natural disasters are the biggest environmental and humanitarian crisis of our time. The earth’s atmosphere is overloaded with heat trapping carbon dioxide which threatens large scale disruptions. Together with manmade disruptive activities have pushed the ill effects of climate changes
Fifth Assessment Report by the Intergovernmental Panel on Climate Control (IPCC) has painted a grim picture of the days to come when the serious effects of climate changes will lead to large scale displacement of population, environmental refugee problem, territorial and border disputes, food scarcity and new strains of diseases. Already the impact is being seen in many ways like change in rainfall patterns, frequent and severe heat waves, floods, unusual snowfalls, melting ice caps and receding glaciers, average temperature rise by 1.5 degree Fahrenheit in the last century out of which two third measured was after 1975. Also 2010 was the warmest year on record, but it was soon superseded by the year 2015 and the year 2016 has already seen record breaking hot February and May.
The above changes forced the nations of the world onto a single table and Rio Convention 1992 can be said to be first multi-nation negotiations on combating the dangerous intervention by humans in climate. All the 197 parties ratified the convention which aimed at fighting manmade causes in climate change, biological diversity and desertification. The Kyoto Protocol entered into by parties in 1997 and in force since 2005 serves as the benchmark in setting internationally binding greenhouse gas emission reduction targets. The protocol aimed at common but differential treatment wherein a greater responsibility was put upon the Developed Nations. The developed countries opposed the differential treatment, but given the fact that there were more to blame for the recent climate changes due to greater industrial activities and copious consumption. The developed countries were put to two burdens – firstly, to share technology and scientific knowhow with the developing countries and attain the target before the other countries. The 21st Conference of the Parties (COP) was held in Paris, France in November 2015. The conference produced the following decisions – reaffirm the goal of limiting global temperature increase well below 2 degree Celsius (with efforts to keep it below 1.5 degree Celsius), establish ‘Nationally determined contributions’ (NDCs), all countries to submit new NDCs every five years, goal to mobilize $100 billion a year in support by 2020 through 2025 and aim at higher goal, voluntary commitment by developing countries to attain targeted emissions levels. 195 countries attended the meeting and it will be in force once 55 countries ratify it which earlier was to take place in New York from 22nd April 2016, but is not successful by far.
Although climate change and resultant natural disasters are global concerns, there are some problems which are local, regional and national. India is a diverse country and has a varied climate and environment. Kashmir has seen 3 major floods in the last 4 years, the Uttrakhand major floods in 2014, the major landslides in suburban around Mumbai and Pune, Chennai saw major flooding last year are local and regional effects of climate change. Though these events are not uncommon, yet the frequency and the loss of life and property are due to manmade causes. Even though any activity within 200 meters of river course is strictly prohibited, people encroached not only the river bed but also the catchment areas. The excess rains which occur once or twice in a century occurred in 2014, we can say that the losses can be attributed to the manmade causes. In Chennai the dried lake beds which naturally prevented flooding were encroached and in Mumbai villages and houses were illegally built on the slope or in the valley which are naturally prone to landslides. The other national changes have occurred worldwide, the coastal flooding is being experienced in much countries like Singapore, Philippines, Malaysia, Burnei, Sri Lanka, USA, UK, Australia, Japan, South Africa, Madagascar,  etc.; the unusual cold weather in UK and USA in the past two years have alarmed the world over about the terrible things to unfold.
The above issues being specifically faced by India draws our attention to one another important question as to why do our administrative systems fail so completely and with such alarming regularity. The Natural Disaster Management Authority has failed to prove true to the task and requires a serious relook. The above fact is abundantly clear with the frequency at which the army and defence forces have been called in tackle natural calamities. The Indian Meteorological Department gives a routine update, but lack of information sharing, integration and joint exercise by the authorities have caused great losses time and again.
Environment is a complex system, climate change is also a complex phenomenon yet the solution is simple to go back to nature and natural ways. Some of the urgent steps can be –
Firstly, needs of the masses should be addressed and must be fulfilled in such a way which includes payback towards the environment like conservation, restoration, repair of natural resources, biodiversity parks, water recharge, afforestation, improving soil and water quality.
Secondly, encouraging sustainable development technologies and entrepreneurs which are closer to the environment such as organic cultivation techniques, eco-tourism, handicrafts industries, etc.
Thirdly, devolution of effective decision making process, information sharing and inclusion of the masses in making and implementation of policies.
Fourthly, we need to integrate scientific observational infrastructure, setting up weather stations, seismic stations, monitoring systems and disaster and rescue response team having intra-departmental communication system.
Development is inevitable but it is vital for it to be sustainable and responsive. Policies and laws needs sea change and the foremost requirement is a complex mental overhaul of every individual that every action counts. The human race is busy in acquiring wealth but at the cost of jeopardizing both the life and living standards of the upcoming generations. The environment is ever recurring natural resource, but it needs time to replenish and we have already played enough with forces which cannot handle. There have been instances when the nature has warned us and even hit us, but we haven’t seen its full fury. “Nature has enough to satisfy everybody’s needs, not everybody’s greed”. Keeping this in mind our generation has a lot on its shoulders to protect our race and it is high time we realize that any delay in our duties towards environment will lead us to catastrophic consequences. [1147 words – This is the essay I wrote in my DJS Mains Examination held on 9th July 2016]

JUSTICE DELAYED IS JUSTICE DENIED
•        Prologue – explain ‘delay’ and need of justice in a Democratic country.
•        Criminal Justice System – Adversarial Trial, constitutional aspect & inquisitorial trial.
•        Delay – Causes – procedural loopholes, under trials, statistics, vacancies & statistics – Judge and Staff.
•        Reforms – Compromise, ADR (civil) / plea bargaining, probation, compounding, withdrawal/ technology, AIJS.
•        Recommendation – Bar and Bench, Appointment, political intervention minimized, lokpal/ombudsman, technology.
•        Epilogue – lawyer/ client/ judge/ staff.
ALL INDIA JUDICIAL SERVICE / NJAC
•        Prologue – rule of law
•        AIJS – under consideration and long debated; Law Commission 1,8,116 report; SC in 1992-All India Judges’ Case + S.P. Gupta Case; Parliamentary Standing Committee 15th Report; 1st National Judicial Pay Commission + National Advisory Council; Art. 312;
•        Vacancies – backlog; Judge:Population ratio – 17:million, must be 51:million (developed nations)
•        Reforms – primary function-rule of law & timely justice; equitable justice becomes inequitable. Precaution – Charles Montesquieu-Separation of Power; Transparency- in process & appointment.
•        Recommendation – 18th law commission report-full working hour, application of technology, combined decision, oral arguments limit time, time in arriving judgment, curtail vacancies; Bench and Bar, Ombudsman, political/local nexus.
•        Epilogue.

In vogue, justice delayed is justice denied is a smooth saying. Complex here is to understand the meaning of ‘delay’. ‘Seeking justice’ and ‘deliverance of justice’ are two distinct term. The time gap between these are filled with series of pre-requisites and formalities of rules and regulations and formally prescribed procedures governing proceedings of the Court time consuming but unavoidable. ‘Rule of law’ is essence of democratic governance. ‘Audi alterm partem’ is thus a precondition and as a principle of natural justice the Defendant/Respondent in civil matters and accused in criminal trials be given a reasonable opportunity to defend themselves. Therefore, ‘delay in justice’ relates to delay in actual deliverance of justice or passing of final order. These procedures evolved as set prescribed and proscribed rules of the society, yet real problems lies when the delay is so stretched that equity becomes inequity, justice is statutory but not real.
The legal system in India is ‘adversarial trial’. In this system, the parties in controversy develop and present their arguments, gather and submit evidences, call and question witnesses. The fact finder i.e. the Judge remains neutral and passive through the proceedings; however, Judge or Jury is vested with some inquisitorial power to meet the ends of justice. It is here that certain rules and procedures are misused by unscrupulous litigants. Legal field is an elderly profession and demands patience, yet an average of 4 years in litigation is not always warranted.
The figures of case-pendency in India accounts to almost 30 million cases in all Court from lower to the Supreme Court. Added to this is the huge cost of litigation, the efforts and time spent by each and every litigant. The procedural loopholes are ‘hoi polloi’ within the legal fraternity and often put to use to the perils of justice. Civil cases involving conflicting rights of parties considerably are adjudicated within good time. But radical difference are seen in adjudicating property matters which at times see decades to exhaust all the statutory rights till final appeal, review, etc. Another line of litigation is criminal trials; the accused is innocent until proven guilty. This notion is rounded to the neck of a dwindling prosecution case. Direct evidence often sees threatened witnesses and circumstantial evidences face the shadow of tampering and severe arguments. Over two-third of prisoners in India are under-trial, i.e. are held in custody pending trial, out of which 75% prisoners are illiterate or barely literate. The 177th Law Commission Report quoted “poverty is crime” to refer to the prisoner who are victim of bias against the poor and marginal society. The Report highlighted the rampant arrest without warrant, mostly to escape accountability to higher officials and many arrests are ‘preventive’. The states of Uttar Pradesh, Bihar, etc. see about 60-80% arrest under Preventive Order of the Code of Criminal Procedure (CrPC, 1973).
A further examination of the Report of Law Commission states that about 40-90% (varying from States) detention is under bailable offence, detainee are actually victim of illiteracy or impractical conditions of surety or bailbond. If one has to believe on official statistics, the National Crime Record Bureau (NCRB), about 40% under-trial spent 3 months in prison, 59% spent between 3 months and 5 years in prison and about 0.6% spent more than 5 years in prison. All this with only a quarter of conviction rate is absolutely abysmal. The Supreme Court’s adjudication in catena of judgment from D.K. Basu through Sunil Batra, Neelabati Behra, to latest Lalita Kumari in 2014, the atrocities and outrageous effect of arrest and detention have been highlighted. Mayhems of such public arrest and custodial violence are no alien to any news-follower in the country.
Our legal system, flowing from our colonial British master has grown of age and needs modification. Procedural loopholes within the knowledge of Judges must be curtailed, superfluous pleading must be expunged and right to litigate must be in adherence to statue book. Some of welcoming amendments are now being made. The Alternative Dispute Resolution Mechanism being setup annexed to every Court shares the burden of adjudication. Such mechanism reduces civil litigation and even relations are restored since parties decide among themselves. Plea bargaining added to Criminal Trial in 2005 helps reduce criminal litigation, where some voluntary gratification is realized by the victim from the trial. Probation, compounding and compromise are other methods which allow accused to remorse who is real accused of circumstances, resultantly reducing over-crowding of prison.
With a huge population, even miniscule percent can be hard to restrict. For lot needs to be done, a good budgetary allocation is a dire need of time. It is hard to believe that the third pillar of a Sovereign State is holding itself without even 1% allocation of the GDP. The technological advancement is dripping into the judicial system yet its reach is limited. Appointment has been a hotly debated topic and continues to be so, since a fresh row of argument has been added by the recently enacted National Judicial Appointment Committee. Though such a Committee is essential, equal essential would be to curb any political intervention and hold judicial independence to higher ground. Vacancy in judicial office is too high. To an estimate there are atleast 70000 judges required, however, only around 17000 are sanctioned and of which about 4000 are vacant. Judge to population ration is another factor, with India having 17 Judge : 1 million population, nowhere close to figures of any the developed country which is about 50 Judges per million population. All things said, a permanent appointment committee, prompt and adequate appointment and also accountability of action of judges to their judicial and non-judicial functions is dire need to time.
Measure have been taken, efforts are being made, yet a moral and mental overhaul is required from all those who are part of the judicial system. The judges and the staff must feel obliged, and lawyer must feel privileged in performing this honorable profession. A duty is also cast upon the lawyers’ community to come forward to regulate the conduct, fee structure and relations with the Bench. Unless such steps, to ensure speedy disposal of cases are taken, the present system cannot give a desirable performance. A crippled judicial system may not itself, but in communes to other factors will continue to hamper the prospects of the nation. [1055 words]

JAN LOKPAL BILL – LOKPAL – OMBUDSMAN
Lokpal is a hindi adoption of ‘ombudsman’ meaning ‘official to look into public grievances pertaining mainly to conduct of public officials in their official function. ‘Lokpal’ understood literally means “caretaker of the people” (Lok-pal). Thus it is an official appointee but a public spirited person to look into the grievances of the people as a check upon trust function enshrined by the people upon the State machinery. Lokpal is an outcome against corruption in official working of the State in form of misuse of the chair or post, also misuse of public funds; and under exploitation of natural resources to the greatest common advantage of the masses. The need of Lokpal in a Democratic Republic country like India is far greater. A country which saw two centuries of absolute subjugation, drain of considerable wealth, inadequate infrastructure and vast resources yet to be exploited.
Ever since Independence from foreign rule, the Country got gripped into the clutches of fight for political power, impeding danger from within and neighbours, rising population. The geographical location of India made it an asset and vast resources lying still untouched casted a huge burden upon the Policy Framers to make rational use of resources. The delay was costing more to the wealth and opportunity of the nation. The above factors were well exploited by far sighted minds and policy were drafted to the advantage of the elite and this rifted more gap between the rich and the poor. Other causes were corruption in executive, legislative, corporate field; electoral fraud, red tapism, black money. The term ‘Lokpal’ was coined by Mr. L.M. Singhvi in 1963 during Parliamentary debate, the first Bill was introducted by Mr. Shanti Bhushan in 1968 and was passed by Lok Sabha in 1969 but could not be passed in Rajya Sabha due to dissolution of 4th Lok Sabha. Since 1969 Lokpal has been introduced eleven times in the Parliament but failed until twelfth time in 2013 successfully.
Ombudsman is a western concept and widely operational in different sectors. In the Scandinavian countries, almost all public and private sectors are covered under an independent office of Ombudsman maintaining timely and transparent functioning of the same. A similar term exists in legal jurisprudence of Australia, New Zealand, European Countries and greater Nations like the USA, UK, etc. whereby the social and economic infrastructure are kept under strict vigilance of Departmental inquiry of Ombudsman. The two least corrupt countries of the world Norway and New Zealand (according to International Organization “Transparency International” based in Germany) have an excellent system of Ombudsman, and the public accountability.
In India, the history of the movement has been persistent and strong. A Lokpal at the centre have failed to take a shape till date, however, certain statutory bodies took concrete form like Central Bureau of Investigation (CBI-1963), Central Vigilence Commission (CVC, 1964), Central Informational Commission (CIC, 2005), Lokayukta and Upa-Lokayuktas (1970), Anti-Corruption Branch (ACB), etc. Apart from above general establishments, various sectorial institutions were setup to control and regulate various sectors like Securities and Exchange Board of India (SEBI), Competition Commission of India (CCI), Insurance and Banking Regulatory Department (IBRD), Press Trust of India (PTI). The above provided dispute resolution mechanism within the department and served as real caretaker of the people. The enactment of landmark Right to Information Act (RTI, 2005) opened new horizon of transparency and accountability in India. However, the Non-governmental organizations, judiciary, executive, politicians and political party were still at large and these were the ultimate figures upon which real check was to be exercised.
The uprising of 1970 soon faded and the India’s largest movement since Independence failed to cash the nationalist feeling. The era starting 1990s was era of globalization and economic liberalization. Although strictly economic, the era also brought cultural and a paradigm shift in governance. The Government came under severe scanner, the media was liberalized as a result not even existing but also past scams and scandals were dug from the grave. The scams got bigger in figure as well as number, the corruption took India to 94th position in Global Transparency in 2013 (currently 76th). All this called for a new age of deliberation and protest equally backed by media, middle class, people of age group, with setting up a strong Lokpal at the centre with Constitutional status.
Another event was “August Uprising, 2011”, which say biggest ever peaceful protest in India and of the World was convened by ‘India Against Corruption’, spread over a span of a month and almost entire population, the Parliament after initial ridicule finally woke up to the voices of the masses. The Lokpal Bill was passed in 2013, the Bill provided for three main body – ‘Lokpal’, ‘Selection Committee’ and a ‘Search Panel’. The ‘Lokpal’ consisted of one Chairman and 4 judicial and 4 non-judicial members. There was to be an appointing committee consisting of The Prime Minister, Speaker of the Lok Sabha, Leader of Opposition in Lok Sabha, the Chief Justice of India or person Supreme Court Judge nominated by him, alongwith one eminent jurist to be nominated by the President of India. There was also to be appointed a ‘Search Panel’ consisted of 8 member who are to prepare a list of prospective member for Lokpal. The Bill was criticized and even challenged unsuccessfully, however, the functionality is yet to be tested as no appointment have been made so far.
The Act provided for independent appointment of CBI director, protection of informant, time fixed for each process i.e. investigation and trial, Directorate of Prosecution, any foreign donation of `10 lakh per year and above was brought under the purview of Lokpal, all categories of public servant was brought under the purview and also the Prime Minister Office was brought under the Jurisdiction of Lokpal. The Bill also had power to attach and confiscate the property of the offending servant. Some of the serious shortcoming pointed out were the limitation as to punishment, no independent control over CBI to investigate, apprehended appointment of government aides, the appointment is already under scanner as despite almost three years of enactment there has been no appointment or even the ‘Search Panel’ is not appointed as yet. The Lokpal as and when appointment will have an acid test to pass i.e. implementation and working of such an institute in the Indian System. [1053 words]



WOMEN – EXPLOITATION/ EMPOWERMENT/ ROLE
[Just sharing some bullet points – you can use them to frame your own essays]
•        Women – Prologue – eye-catcher – women-multifaceted-male-chauvinistic nation
•        Status-situation, since ancient-medieval-independence period.
•        Short-coming – patriarchy-problem and example.
•        Social battle and Legal battle – Raja Ram Mohan Roy, Ishwar Chandra Vidyasagar, Jyotiba Phule. B.R. Ambedkar-Common Civil Code, reservation, benefits, proprietary rights, Sec.125 CrPC, J.J. Act. [EMPOWERMENT]
OR
•        Social status – pivot in household, now also excellent teacher, doctor, nurse, employee, entrepreneur, TV, actor, musician. Recruited in police and armed forces.
•        Considerate & Legal Battle – NGOs, moral overhauling.
•        Epilogue – protection and duty, equal respect.
OR
Constitutional Provisions and Legal Provisions
•        Constitution – equality.14 – non-discrimination.15(1) – equality of opportunity.16(1) – men & women equal and equal pay for equal work.39(a)&(d) – free legal aid.39A – maternity relief.42 – education and interest of weaker section.46 – level of nutrition.47 – harmony and promote brotherhood.51A(e) – Panchayat-member and chairperson(1/3rd).243D(3)&(4) – Municipality-member and chairperson.243T(3)&(4)
•        Legal Provision – IPC.376-376E / 363-373 / 302 / 304A / 498A / 354-354D / 509.
-        The Employee State Insurance Act / Plantation Labour Act / Family Courts Act / Special Marriage Act / Hindu Marriage Act / Hindu Succession Act (with 2005 Amendment) / Immoral Traffic (Prevention) Act / Maternity Benefit Act (Amendment 1995) / Dowry Prohibition Act / Medical Termination of Pregnancy Act / Contract Labour (Regulation and Abolition.) / Equal Remuneration Act / Prohibition of Child Marriage Act / Criminal Amendment Act 1983&2013 / Factories Act / Indecent Representation of Women (Prohibition) Act / Commission of Sati (Prevention) Act / Protection of Women from Domestic Violence Act / Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act.
•        Special Initiative – National Commission for Women, 1992 – Reservation of Women in Panchayat and Municipality [243D & 243 T]
•        National Plan of Action for Girl Child, 1991-2000.
•        National Policy for the Empowerment of Women, 2001.
Sexual Offence – Anatomy & Death Penalty
•        Opening – intro – patriarchal nature, no equal status ever.
•        Reason for such a debate today – sudden outbrake, mentality, modernization of society, mentality.
•        Assault, definition – 375/354/509.
•        Main example – Delhi (Nirbhaya) and Mumbai (Shakti Mill Compound)
•        Uprising, outcome, extent of degradation.
•        Problems – attitude, acquittal, conviction rate, trial humiliation
•        Solution – assault cannot be justified on any ground, curb minor offence, moral overhaul, punishment, sex-education. Stringent law alone not a solution [ANATOMY]
OR [after example above]
•        Death – concept, deterrent theory of punishment.
•        No deterrent theory- not serving its purpose, rarest of rare case.
•        Requirement – is change in society, moral overhaul, education and understanding, deterrence have failed to hold its ground.



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