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Turmeric – Indian LegendAry Herb

Wednesday, June 8th, 2011

Turmeric – Indian LegendAry Herb

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Home Page > Health > Medicine > Turmeric – Indian LegendAry Herb

Turmeric – Indian LegendAry Herb

Posted: Apr 02, 2011 |Comments: 0
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                     Turmeric – Indian LegendAry Herb
 
Turmeric (Curcuma longa L; family Zingiberaceae), native of India and southern & eastern Asia, is an essential spice deeply linked to Indian culture for its brilliant yellow coloured rhizome (underground part, Fig. 1) used as dye, medicine, and flavoring agent since ages. The botanical genus, Curcuma, and its common name, Curcuma, are derived from the Arabic, kurkum, which means “saffron,” referring to the herb’s deep yellow/orange colour.
Turmeric plant has wide large lily-like leaves and yellow to yellowish white flowers. The rhizome from inside is deep yellow in colour having strong taste.
The antiquity of this treasured herb can be estimated from the fact that it finds mention in the Vedic texts of India. Its significance as a spice and as a religious symbol has been documented almost 4000 years back.  Since then it has been used as an important spice, beauty product and in religious ceremonies.  Turmeric was also highly valued by the ancient Indo-European people not only for its preservation properties, but for its energetic and spiritual qualities as well. This spice, obtained from a holy east Indian plant, has been cultivated, for centuries, in India. It is one of the classical examples of the three-fold holistic application of an Ayurvedic remedy used in India from ancient times.
In the holy books of India, the Vedas, the name given to Turmeric is Nisha. In later herbal compendiums of Ayurveda, it has another name, Mangalyaa -”Holy and Auspicious”. As Nisha, she is the Queen of the Night –pleasing to the husband after nightfall. Herbalists, in India, do not sell turmeric after nightfall, because, after nightfall, the herb overflows with occult power as the holy guardian of the chaste and the pure.
As Maangalyaa, turmeric protects the Sumangali: one whose husband is living . The tradition is that the sumangali should take the vow of the Pathivrataa (vow of absolute loyalty to her husband) and she invokes the holy occult properties of this herb to help her to fulfill her vow. The herb can achieve this by its mere contact.
 
 Turmeric in daily life
Popular in India as Haldi, it is considered as an auspicious plant, its application is almost sacrosanct with the South Indian women, resulting in beautiful skin, and hairless bodies. The turmeric plant is tied around the vessel used to make Sweet pongal on the harvest festival, which is celebrated on the Makarshankranti Day, universally celebrated on 14th of January, every year.  In many North Indian traditional wedding ceremonies, haldi is applied to both, the groom and the bride, not only to make them look good with fresh  glowing skins, but to ward off the evil eye. It is considered by the Hindus as a symbol of prosperity and as a cleansing herb for the whole body. In Indonesia it is used to dye their bodies as part of their wedding ritual.
In India turmeric is used as a condiment. It gives Indian curries their characteristic bright yellow-orange color & flavour. It is also used to flavour and colour butter, cheese, margarine, pickles, mustard, liquor, fruit drinks, cakes, table jellies, fruit dishes, other foodstuffs and also as a food adjunct in many vegetables, meat and fish preparations. Turmeric oil and oleoresin is also used to impart the flavour in food and perfume industries. It adds a warm, mild aroma and distinctive yellow colour to foods. Kashmiri Hindus use it in some delicious non-vegetarian preparations to impart specific colour and taste.
Medicinal benefits
Turmeric has been a house-hold remedy in India for ages, well recognized as the best anti-oxidant, hypoglycemic, colorant, antiseptic and wound healer. It has been used for centuries in Ayurveda, the 5,000 year old natural healing system of India. It is called by 46 different synonyms, including: “pitta” (yellow), “gauri” (brilliant), and all words that indicate “night”. In Ayurveda, turmeric is believed to balance the three doshas (vata, pitta, and kapha). It has been used by Ayurvedic healers as medicine taken internally in the form of fresh juice, boiled tea, tinctures, or powder, and topically as creams, lotions, pastes, and ointments. There are many ancient Ayurvedic formulas utilizing turmeric. Milk boiled with turmeric and sugar was a popular cold remedy and turmeric juice was used to help heal wounds, bruises, and leech bites. A paste made from turmeric, lime, and salt was commonly applied to sprains and inflamed joints. The Charakra Samhita also provides a traditional remedy for jaundice: turmeric, triphala, neem bark, bala, licorice cooked in milk and ghee of buffalo. Pastes of turmeric were used for smallpox, chickenpox, shingles, ulcers, conjunctivitis, skin blemishes, malaria, and applied to the cut placenta after the birth of a child
 In Indian systems of medicine (Ayurveda, Unani, and Siddha) it was extensively used for its aromatic, stimulant, anti-inflammatory and carminative properties and continues to be used to treat anorexia, liver disorders, cough, diabetic wounds, and rheumatism, sinusitis and skin diseases. Besides, it is externally used as paste, oil, ointment and lotion, applied topically for ulcers, wounds, scabies and inflammations.
 Therapeutic Importance
A large number of chemical constituents have been reported in Turmeric. Out of these, at least 20 molecules  have  anti-biotic properties, 14  are known as cancer preventatives, 12  are anti-tumor, 12 are anti-inflammatory and about 10  have anti-oxidant activities.
The major bioactive compound in turmeric is called “curcumin”, which comprises 0. 3 to 5. 4 percent of raw turmeric and is best-researched active constituent having wide range of therapeutic attributes like anti-inflammatory, anti-oxidant, anti-carcinogenic, and anti-mutagenic activities. It acts as natural cyclooxygenase-2 (COX-2) inhibitors in the body, and inhibits the production of the prostaglandins that cause inflammation and swelling. Clinical and laboratory research indicates that diets that include turmeric or curcumin “stabilize and protect biomolecules in the body at the molecular level”, which is shown in its anti-oxidant, anti- mutagenic and anti-carcinogenic action. In the body these important disease-fighting substances remove unstable oxygen molecules (free radicals) that can otherwise damage cells and cause serious diseases. It has been proved that diseases  like Alzheimer and Parkinson happen due to oxidative damage to brain. Curcumin has proved to prevent the damage and save from conditions like dementia. Curcumin has previously been studied as a possible treatment for brain injury and disease, but until now could not be acclaimed for the simple reason that the body absorbs it too slowly to be effective in the case of a stroke attack where immediate effect of the administered drug is required . Based on the recent studies  at Cedars-Sinai Medical Center in Los Angeles, a new compound called CNB-001   derived from Curcumin , has shown to  affect  mechanisms that protect and help regenerate brain cells after stroke. Uniqueness of  CNB-001 is that it does not attack clots but instead repairs stroke damage at the molecular level that feed and support the all-important brain cells, neurons. *(The study results were presented at the 2011 American Heart Association International Stroke Conference in Los Angeles. )
 Curcumin is also known to reduce body weight and total body fat. Curcumin may relieve symptoms of digestive and menstrual cramping. It has been found to be extremely beneficial in Arthritis, Psoriasis. Curcumin is considered responsible for the yellow colour and pungent taste of turmeric.  
 Another interesting compound extracted from turmeric is tetrahydrocurcuminoids (THC), colorless compound that might have antioxidant and skin-lightening properties and considered to be used in cosmetics formulations to treat skin inflammations.
The other constituents present in turmeric are-
Protein-8. 6%, Fat-8. 9%, Carbohydrates-63%, Fibre–6. 9%, Total Ash-6. 8%, Calcium – 0. 2%, Phosphorous-0. 26%, Iron-0. 05%, Sodium – 0. 01%, Potassium-2. 555,Vitamin A(carotin)-175 I. U /100 gram, Vitamin B1-0. 09/100g,Vitamin B2-0. 19 mg/100gram, Vitamin C (ascorbic acid)-49. 8 mg/100g, Niacin-4. 8 mg/100 gram, Calorific value(food energy) – 390 calo ries/100 gram
Essential oils-The leaves and rhizome also contains essential oil which can be steam distilled. The dried rhizomes contain max. 5% volatile oil composed of Sesquiterpene ketones and tertiary alcohols many of which are specific for the species. Most important for the aroma are turmerone (max. 30%), ar-turmerone (25%) and zingiberene (25%).
Oleoresin- is extracted from turmeric powder by solvent extraction and processed to produce Curcumin (95%). India is producing and exporting sizeable quantity of Curcumin 95%.
 Cosmetics/skin care
 Turmeric is very effective in removing blackhead. A pinch of turmeric powder mixed with one teaspoon of coriander juice is an effective remedy for pimples, blackheads and dry skin. To improve skin complexion, ladies, in particular, apply on face paste made of besan, curd, pinch of turmeric powder, few drops of lemon and keep until it is dry.   Presently, turmeric is extensively used in cosmetic products to prepare natural and herbal creams, lotion, hair dye and many other beauty products. As herb, turmeric has been used for centuries for seasoning, but through a series of complex extraction and isolation processes, it will soon be given further potential as a substance to support the medical as well as the cosmetics industries.
Are there any side effects of Turmeric?
The FDA classifies Turmeric as GRAS (General Recognition of Safety). From thousands of years Turmeric has been used with no side effects. Studies have also shown that Curcumin does not produce any known side effects in humans. However, quantity taken beyond permissible limit needs proper advice of health practitioners.
Production Status
India is considered as the largest producer, consumer and exporter of turmeric in the globe. Major producers of Turmeric besides India are China, Myanmar, Nigeria, Bangladesh, Pakistan, Srilanka, Taiwan, Burma and Indonesia. Other producing countries are Caribbean and Latin America: Jamaica, Haiti, Costa Rica, Peru, and Brazil. Global production is estimated around 11 -11. 5 lakh tonnes. India, being major producer, accounts for about 78% of the world production.
In India there are many popular varieties of turmeric like ‘Alleppey Finger’ in Kerala, ‘Erode and Salem turmeric’ in TamilNadu, ‘Rajapore’ and ‘Sangli turmeric’ in Maharashtra, ‘Nizamabad Bulb’ in Andhra Pradesh. Alleppey is more popular in American Markets. It is deeper in color and more flavorful. As regards the cultivation requirements of Turmeric, it can be grown in diverse tropical conditions from sea level to 1500 m above sea level, at a temperature range of 20-35 °C with an annual rainfall of 1500 mm or more, under rain fed or irrigated conditions. Though it can be grown on different types of soils, it thrives best in well-drained sandy or clay loam soils with a pH range of 4. 5-7. 5 with good organic status.
Turmeric is a seasonal and annual kharif crop. Its crop duration is generally 7-9 months depending on the variety. In major producing states of India, sowing takes place in the month of July and harvesting commences from December to February. March-April months are peak arrival period in turmeric. In India, it is cultivated in the states of Andhra Pradesh, Maharashtra, Orissa, Tamil Nadu, West Bengal, Karnataka and Kerala. Andhra Pradesh is called as turmeric bowl of India as it has highest share of 40% in total India’s turmeric area followed by Tamil Nadu, Orissa, Assam and West Bengal each accounting for 15%, 14%, 7% and 7%, respectively. India has 1. 81 Lakh hectares under turmeric cultivation with a total production of 8. 9 lakh tonnes during 20007-08. In India, increasing trend in production is witnessed in last 2-3 years due to increase in acreage. In India, average yield of turmeric during 2006-07 is 4952 kg/hactre. Arrivals to the physical market starts from the month of February onwards and continue till end of the May in major producing areas. Huge arrivals can be seen in the months of March and April and it slowly declines there onwards, lean period begins from August onwards. Major Trading Centres includeNizamabad, Dugirala in Andhra Pradesh, and Sangli in Maharashtra, Salem, Erode, Dharmapuri, and Coimbatore in Tamil Nadu.
In the global market, India is a dominant player as far as turmeric export is concerned. Other major exporters are Thailand, other Southeast Asian countries, pacific islands, Central & Latin American countries and Taiwan.
United Arab Emirates (UAE) is the major importer of turmeric from India accounting for 18 percent of the total exports followed by United States of America (USA) with 8 percent. The other leading importers are Bangladesh, Japan, Srilanka, UK, Malaysia, South Africa, Netherland and Saudi Arabia. All these countries together account for 75% of the world trade, and Asian countries supplies to the entire world. Remaining 25% is met by Europe and North America, Central and Latin American countries. United States imports 97% of its turmeric requirement from India and remaining portion from the Islands of the Pacific and Thailand. According to Spice Board of India, major share is taken by U. A. E accounting for 18%, followed by U. S. A (11%), Japan (9%), Srilanka, UK, Malaysia together accounting for 17%. From India’s total turmeric exports, 65% is taken by these countries.
Future Scope  
Turmeric is a legendary plant bearing umpteen properties of utilization in daily life in cooking, health promotion and cosmetics. The increasing demand for natural products as food additives makes turmeric an ideal produce as a food colorant. Additionally, anti-cancer and antiviral activities of turmeric may also increase its demand from pharmacy industry.
To enlarge its scope in the global market, certain issues need to be addressed to.
As per the research findings, curcumin is believed to have poor solubility thus resulting in low bio-availability. Pharmacokinetic studies in animals demonstrate that 40% – 85% of an oral dose of curcumin passes through the gastrointestinal tract unchanged, with most of the absorbed flavonoid being metabolized in the intestinal mucosa and liver. To enhance the therapeutic effects of turmeric, studies are being carried out to design the polymer in such a way that turmeric gets dissolved. According to an article published in Wall Street Journal (2005) Nanotechnology is found to enhance the therapeutic effect of Turmeric. I understand, this study is receiving greater attention in Indian research on Turmeric. Current research has also to focus on turmeric’s antioxidant, hepatoprotective, anti-inflammatory, anti-carcinogenic, and anti-microbial properties, in addition to its use in cardiovascular disease and gastrointestinal disorders. Turmeric may play a vital role in fighting HIV/AIDS, particularly HIV, Type 1.
India having a large Turmeric production base is poised to emerge as the most important destination in the global herbal market. Proper R&D efforts in developing elite strains with high curcumin percentage and improvization in the processing technology to meet the internatonal standards need to be addressed. Development of new products is another key area to be looked into. Safety evaluation studies indicate that both turmeric and curcumin are well tolerated at a very high dose without any toxic effects. Thus, both turmeric and Curcumin have the potential for the development of modern medicine for the treatment of various diseases.

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Dr. S. K. Bakshi -
About the Author:Dr. Santosh Kumar Bakshi, Ph. D. (Botany) is a freelance consultant in the area of Herbal Developement. Dr. Bakshi, an ex-Senior Scientist, Regional Research Laboratory, Jammmu (CSIR New Delhi,India) brings with him more than three decades of experience in the area of Research and Developemen of Medicinal, Aromatic and High value plants of alpine, temperate and tropical regions of India. During his tenure with RRL, he has brought several publications.

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Gram Nyayalaya Act, 2008; consorious analyein

Monday, June 6th, 2011

Gram Nyayalaya Act, 2008; consorious analyein

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Gram Nyayalaya Act, 2008; consorious analyein

Posted: Apr 23, 2011 |Comments: 0
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INTRODUCTION
The Gram Nyaylaya is the latest in the reforms of the Indian Judiciary. Fast Track Courts and Lok Adalats have been introduced to address the monumental backlog of cases in the Judiciary. Family Courts were introduced in 1984 also espouses speedy disposal, sensitive approach and relaxation of strict rules of evidence and procedure. The Gram Nyaylaya seems to be combination of the objectives of several special courts in contrast to the regular emphasis on the adversarial trial. The Gram Nyayalaya may inspire confidence in the village community, it is imperative that a legally trained mind preside over the body. And to avoid a purely technical legalistic approach, two other persons who are village level workers and who are educated and socially oriented should be inducted.
Equality and justice are indisputably two key facets of the idea of a modern, democratic and constitution-adhering India. The principles of equality and justice are realised by the State apparatus through the business of administration of justice. India’s  justice system is characterised by systemic problems, including corruption, delays, pendency, increasing costs, limited legal aid, and a lack of appropriately trained lawyers and judges. When confronted with the many problems of the legal system, the government’s response has been not to invest in and fix a broken system, instead it has responded by moving out of the  adversarial system with its procedural guarantees, those who have the least voice and use it minimally – Indian citizens, who live in rural areas, with small claims, both civil and criminal in nature. The government does this with the passage of the Gram Nyayalayas Act, 2008. This Act perpetuates the phenomenon of two Indias – that of the better resourced urban citizen who can afford and has access to the courts. And, the other India of the impoverished – the more  disconnected rural citizen, who gets primary access to forums that focus primarily on disposing of their claims, minus the application of essential safeguards of the legal process – lawyers, appeals, procedural protections and evidentiary requirements. The Act provides for the establishment of nearly 5,067 Gram Nyayalayas or village courts across the country. The avowed Objective is to provide access to justice to the citizens and to ensure that opportunities for securiing justice are not denied to any citizen by reason of social, economic or other disabilities. In his address on the eve of the National Law Day, the Chief Justice of India underscored the importance of this initiative as he asserted that his would bring the justice delivery system closer to rural citizens. Since a small number of Gram Nyayalayas have become operational from 2 October 2009, information on the implementation of these “village courts” is not available
.
The Gram Nyayalaya is the latest in the reforms in the structure of the Indian judiciary. The state introduced Fast track Courts and Lok Adalats to address the monumental backlog of cases in the judiciary. Family Courts instituted since 1984 also espouses speedy disposal, sensitive approach and relaxation of strict rules of evidence and procedure. The Gram Nyayalaya seems to be a combination of the objectives of several special courts in contrast to the regular emphasis on the adversarial trial.
The Gram Nyayalaya as a different court was proposed by the 114th Law Commission way back in 1986. The report recommended the concept of the Gram Nyayalaya with two objectives. While addressing the pendency in the subordinate courts was the major objective, the other objective was the introduction of a participatory forum of justice. To make it participatory the Law Commission recommended that the Magistrate be accompanied by two lay persons who shall act as Judges, that the legal training of the Magistrate will be complemented by the knowledge of the lay persons who would bring in the much required socio-economic dimension to adjudication. It was proposed that such a model of adjudication will be best suited for rural litigation. The Law Commission also observed that such a court would be ideally suited for the villages as the nature of disputes coming before such a court would be ‘simple, uncomplicated and easy of solution’ and that such disputes should not be enmeshed in procedural claptrap. The report suggests that such a litigation is expensive both for the state as well as the litigant. However the participatory aspect has been set aside in the current Act and we find the Gram Nyayalaya manned by the regular Judicial First Class Magistrate.
 
114TH LAW COMMISSION ON GRAM NYAYALAYAS
In distinction to the Nyaya Panchayats since it is dissimilar in more ways than one, and a couple of steps ahead of it, the appellation “Gram Panchayat” is suggested for the new model of justice dispensing forum.
The Gram Panchayat is to be a statutory village level court and its jurisdiction is not optional.
In order that the Gram Nyayalaya may inspire confidence in the village community, it is imperative that a legally trained mind preside over the body. And to avoid a purely technical legalistic approach, two other persons who are village level workers and who are educated and socially oriented should be inducted. The three should constitute the Gram Nyayalaya. It would not be too unwieldy and it would have all the advantages both of State courts’ approach and participation of lay public in the administration of justice.
The Gram Nyayalaya should consist of a legally trained Judge belonging to the cadre of Judges to be specifically set up for this purpose. In order to select legally trained Judges for Gram Nyayalaya, the State shall form a Panchayati Raj cadre of Judges. They would ordinarily form part of the Subordinate Judiciary of the State. The Judge must have all those qualifications which he should have for being recruited as Munsif Magistrate or Civil Judge (Junior Division) and Judicial Magistrate, First Class.
As the Panchayati Raj Judge is to be drawn from the cadre of Munsif Magistrate/Civil Judge (Jr. Division), Judicial Magistrate First Class, for the time being the same method of selection will apply which, the Commission is informed, is that the selection is done by the State Public Service Commission in which a Judge nominated by the Chief Justice of the concerned High Court participated for the time being: the same method may be adopted. It is desirable that a Member of the State Judicial Service at the lowest level with three years experience should be selected for this cadre. The selection must be made by the High Court.
In the selection of the lay Judges, a Selection Committee of District Magistrate and District Judge of the concerned district should be constituted in each district for this purpose. To begin with, the District Magistrate and District Judge should separately draw up a panel up to a number far exceeding the minimum required. Thereafter, they must exchange their panels. A few days later, they must assemble, interact and finalise the panel. The panel of laymen should, as far as possible, be an agreed one, failing which the District Magistrate and the District and Sessions Judge may recommend their separate lists and also record their objections to the names suggested by the other members of the selection committee. The entire panel whether it is drawn up on consensus, or partly agreed or wholly separate, should be submitted to the Chief Justice of the High Court having jurisdiction. The Chief Justice, in consultation with two of his colleagues, shall finalise the panel. It would be open to him to call for additional information about the persons figuring in the panel on separate lists submitted by the members of the selection committee. The selection must be confined to the residents of the district. While preparing a panel a member of the selection body may have recourse to his subordinates to collect the antecedents of the proposed persons. The members of the selection body should have first-hand information as far as possible, through authentic sources enabling checking of the antecedents of the persons proposed by one member or by the other of the selection committee.
Adequate representation should be ensured to members of the weaker sections of the society, Scheduled Castes, Scheduled Tribes, women and backward classes. Panel members must represent the cross-section of the village community.
It is desirable that the lay Judges possess some educational qualifications. The safe middle course is to prescribe a graduate degree as a qualification failing which those who have obtained Higher Secondary School Examination Certificate would be eligible. Educational qualifications may be prescribed as a desirable, and not as minimum, qualification. In the matter of selection of persons from Scheduled Castes, Scheduled Tribes, backward communities and women, educational qualifications may be dispensed with if adequate number of persons with educational qualifications are not available. Persons to be selected should preferably be within the age group of 30-65.
Active political party workers, elite wealthy persons, rich and big farmers, high pay bracket service personnel and moneylenders must be excluded from consideration. So also persons convicted of an offence involving moral turpitude, economic offenders, undischarged insolvents and the like.
The lay Judges should be persons of character and integrity.
It is imperative that the Panchayat Raj Judges as also the members of the panel are imparted basic training in creating a new atmosphere in the forum where all formal technical approach must be eschewed. The Panchayati Raj Judges should assist in imparting information about the relevant point of law, social justice approach, non-formal disposal of causes and deprofessionalised atmosphere. Members of the panel should be imparted training in decision-making process free from prejudices of caste, community, colour, sex or religion. They must be acquainted with the fundamental approach to justice, namely, that the weak and less fortunate should not be the victims of class exploitation. The training may extend to a period of three months. A re-orientation course about the change in pattern of law, sociology of law, object and purpose behind justice system would be of immense assistance to the members of the proposed forum.
The training could comprise subjects like method of hearing cases, attempted conciliation and resolution of disputes by compromise and training in the decision-making process. The lay Judges in particular should be taught that they should conform to the principles of natural justice.
Panchayati Raj training centres have been started and they are located in different parts of the country. It is only necessary to expand these training centres and to provide adequate facility for training of the lay Judges.
The approach of the Gram Nyayalaya should be mediatory at the initial stages except in regular criminal proceedings where, save the compoundable offences, trial has to be held. Offence being an injury to society there is hardly any question of conciliation.
Nothing should be done to impair the relative equality among the three Judges composing the court. Therefore, while providing that it would be the primary duty of the Panchayati Raj Judges, who would be presiding over the Gram Nyayalaya to give effective guidance to the two lay Judges on questions of law, in the matter of decision, the majority view in the absence of an unanimous decision will be the decision of the court.
JURISDICTIONAL ASPECTS
The local geographical jurisdiction of a Gram Nyayalaya should be confined to the villages in a Taluka/Tehsil for which it is set up. If the number of disputes coming before the Gram Nyayalaya set up for a Taluka/ Tehsil is not sufficient to keep it engaged full-time, the State Government with the approval of the High Court may enlarge the jurisdiction of a Gram Nyayalaya to extend over more than one Tehsil.
A precise definition will have to be devised of a “village”. The briefest definition that is considered appropriate is : “Village is a unit of administration for which no municipality is set up. ” That would accurately define the area to be brought with the territorial jurisdiction of the proposed Gram Nyayalaya.
The Commission is of the view that jurisdiction must be referable to the subject-matter of the dispute and not to its pecuniary value. Thus there shall be no ceiling in the matter of pecuniary jurisdiction of the Gram Nyayalaya.
The Commission would favour conferment of civil jurisdiction of Gram Nyayalaya in respect of disputes covered by the subject-matter herein delineated:
I. Civil Disputes : Disputes arising out of implementation of agrarian reform and allied statutes —
1. Tenancies — protected and concealed and contested.
2. Boundary disputes and encroachment.
3. Right to purchase.
4. Use of common pasture.
5. Entries in revenue records.
6. Regulation and timing of taking water from irrigation channel.
7. Disputes as to assessment.
II. Property Disputes :
1. Village and farm houses (possession).
2. Sobas.
3. Easements : Right of way for man, cart and cattle to fields and courtyards.
4. Water channels.
5. Right to draw water from a well or tubewell.
III. Family Disputes :
1. Marriage.
2. Divorce.
3. Custody of children.
4. Inheritance and succession — share in property.
5. Maintenance.
IV. Other Disputes :
1. Non-payment of wages and violation of Minimum Wages Act.
2. Money suits either arising from trade transaction or money lending.
3. Disputes arising out of partnership in cultivation of land.
4. Disputes as to use of forest produce by local inhabitants.
5. Complaints of harassment against local officials belonging to police, revenue, forest, medical and transport departments.
6. Disputes arising under the Bonded Labour System (Abolition) Act, 1976 and the Protection of Civil Rights Act, 1955.
The Gram Nyayalaya must have jurisdiction to try all offences which can be tried under the Code of Criminal Procedure, 1973, by the Judicial Magistrate First Class.
Though undoubtedly, the Family Courts Act, 1984 has been enacted and brought into operation, since custody of children has a distinct local flavour, the Gram Nyayalaya must have jurisdiction to deal with matrimonial disputes arising in rural areas.
The Gram Nyayalaya would be a body for administration of justice, and a legislation for the same would squarely fall under Entry 11-A of the Concurrent List.
PROCEDURE
An office called the “Gram Nyayalaya Karyalaya” must be set up at the headquarters of the Taluka or Tehsil. Ordinary requirements of staff, office, books, stationery, etc. must be provided at the office. The Presiding Judge must be available at this office. It must be a self-sustaining unit, and adequate funds must be provided for its effective functioning.
It is recommended that neither the Code of Civil Procedure nor the Evidence Act should apply to the proceedings of the Gram Nyayalaya.
A simple procedure has been recommended. A complaint, upon being filed, should be placed before the Presiding Judge within 24 hours. Interim prohibitory orders may be passed if the dispute brooks no delay, to be enforced within one week, within which the Nyayalaya must visit the site and, in the presence of both parties, determine whether the interim order should continue or not. For the final hearing, the Gram Nyayalaya shall ordinarily meet at the situs of the dispute. The rules of natural justice shall inform the proceedings. The proceedings shall be brief; all documents produced must be accepted and, if lawyers so think, they may make submissions for a period not exceeding a few minutes. If possible, the decision must be rendered there and then. The decision of the Nyayalaya will be governed by justice, equity and good conscience.
At the end of the trial, if the decision is not by consensus between the parties, the Presiding Judge shall draw a brief statement of the dispute, the evidence led, the decision and the reasons in support of the decision. It shall be signed by all the three Judges. In the event of a difference of opinion, the decision of the majority will be binding. On a question of law, the view expressed by the Presiding Judge shall be binding on the lay Judges.
If the Gram Nyayalaya finds that it has no jurisdiction, it may make over the case to the District Court having jurisdiction for transfer of the case to the Court having jurisdiction.
When the Presiding Judge has acquainted himself with the nature and the place of the dispute, he shall select from the panel already furnished to him two persons residing as far as possible from the situs of the dispute.
As a first step, it is advisable to retain the procedure prescribed in the Code of Criminal Procedure, 1973 for trial of offences before the Gram Nyayalaya.
An attempt, however, should be made to devise a still simpler procedure which may stand the test of Article 21 of the Constitution. The Evidence Act as such stricto sensu would not apply.
The parties appearing before the Gram Nyayalaya will be entitled to appear through lawyers of their desire both in civil and criminal proceedings. But the Gram Nyayalaya shall not adjourn the case, or change the venue, to accommodate the lawyer. The proposed National Legal Services Act should assign two lawyers to be attached to each Gram Nyayalaya who would be independent of party influence and who would assist as court officers in disposal of the disputes, and also would be readily available to the parties if they so desire.
The Gram Nyayalaya will have power to :
(a) enforce the attendance of any person and examine him on oath;
(b) compel the production of documents and material objects;
(c) issue commissions for the examination of witnesses or if the witness is unable to appear before it on account of physical incapacity; and
(d) do such other things as may be prescribed.
The proceedings before the Gram Nyayalaya shall be conducted in the State language permitting the dialect of the locality to be used. Records shall be maintained in the State language and copies shall be furnished to those who desire the same. The decision shall be, if not by consent of the parties, recorded in the language of the court.
No court fee shall be levied in the proceedings before the Gram Nyayalaya.
No appeal would lie against any decision of the Gram Nyayalaya except the one in which at the end of a criminal trial a substantive sentence is imposed. A revision petition would lie to the District Court of the district in which the Gram Nyayalaya is functioning. Only errors of law can be corrected by this revisional forum. Even if it comes to the decision that another view is possible, it would have no jurisdiction to interfere with the decision of the Gram Nyayalaya. A decision by peers should not be interfered with by a court presided over by a Judge considering the matter from a purely technical legal approach.
An appeal would lie to the Sessions Court against the decision by a Gram Nyayalaya in a criminal case in which a substantive sentence of imprisonment has been imposed. The appeal would be both on questions of fact and of law. The appeal should be dealt with according to the provisions of the Code of Criminal Procedure applicable to the appeals entertained against the decision of a Judicial Magistrate, First Class. Any other view is likely to infringe Article 21 of the Constitution.
The jurisdiction of the Gram Nyayalaya is exclusive to the extent that in respect of matters covered by the jurisdiction conferred on the Gram Nyayalaya, the jurisdiction of any other court is ousted; such jurisdiction is not optional.
A simple method for execution of its orders must be provided for. The nature of the execution would depend upon the relief granted by the decision of the Gram Nyayalaya. Depending upon the relief granted, the fruits must be made available forthwith or soon thereafter. No prayer for granting interim stay till the party aggrieved by the decision prefers a revision petition should be entertained.
All authorities — revenue, police, forest — operating at village and Tehsil level should be put under an obligation to assist the Gram Nyayalaya in discharging its functions and performing its duties. Failure on their part shall be treated as misconduct, and a Gram Nyayalaya should be empowered to take effective action against such defaulting authority.
For a uniform pattern of functioning of the Gram Nyayalayas, a simple code may have to be drawn up by the State Government in consultation with the High Court.
A liaison officer with a legal background should be appointed and attached to each Gram Nyayalaya. It shall be his duty to move around the villages regularly and as soon as he comes across violation of individual or group rights, on their behalf, take recourse to the court. A statutory provision shall be made not permitting hislocus standi to be questioned by the party against whom the action is commenced.
Every Gram Nyayalaya will be furnished with a copy of a list drawn up by the State Government of non-governmental voluntary organisations operating in rural areas. The Gram Nyayalaya may enlist their help in reconciliation proceedings before resorting to adjudication. The list may also be useful in selecting the panel of lay Judges. This will make the participatory process far more effective.
The treble objects behind devising this new forum for resolution of disputes at grass-root level is to provide a participatory system of justice; expeditious disposal of disputes; and justice taken to the doorstep of the people. [3]
GRAM NYAYALAYA ACT, 2008
SALIENT FEATURES
Gram Nyayalayas are aimed at providing inexpensive justice to people in rural areas at their doorsteps;
The Gram Nyayalayas shall be court of Judicial Magistrate of the first class and its presiding officer (Nyayadhikari) shall be appointed by the State Government in consultation with the High Court;
The Gram Nyayalayas shall be established for every Panchayat at intermediate level or a group of contiguous Panchayats at intermediate level in a district or where there is no Panchayat at intermediate level in any State, for a group of contiguous Panchayats;
The Nyayadhikaris who will preside over these Gram Nyayalayas are strictly judicial officers and will be drawing the same salary, deriving the same powers as First Class Magistrates working under High Courts;
The Gram Nyayalaya shall be a “Mobile Court” and shall exercise the powers of both Criminal and Civil Courts;
The seat of the Gram Nyayalaya will be located at the headquarters of the intermediate Panchayat, they will go to villages, work there and dispose of the cases;
The Gram Nyayalaya shall try criminal cases, civil suits, claims or disputes which are specified in the First Schedule and the Second Schedule to the Act;
The Central Government as well as the State Governments have been given power to amend the First Schedule and the Second Schedule of the Act, as per their respective legislative competence;
The Gram Nyayalaya shall follow summary procedure in criminal trial;
The Gram Nyayalaya shall exercise the powers of a Civil Court with certain modifications and shall follow the special procedure as provided in the Act;
The Gram Nyayalaya shall try to settle the disputes as far as possible by bringing about conciliation between the parties and for this purpose, it shall make use of the conciliators to be appointed for this purpose;
The judgment and order passed by the Gram Nyayalaya shall be deemed to be a decree and to avoid delay in its execution, the Gram Nyayalaya shall follow summary procedure for its execution;
The Gram Nyayalaya shall not be bound by the rules of evidence provided in the Indian Evidence Act, 1872 but shall be guided by the principles of natural justice and subject to any rule made by the High Court;
Appeal in criminal cases shall lie to the Court of Session, which shall be heard and disposed of within a period of six months from the date of filing of such appeal;
Appeal in civil cases shall lie to the District Court, which shall be heard and disposed of within a period of six months from the date of filing of the appeal;
A person accused of an offence may file an application for plea bargaining.
ACT IN NUTSHELL
Enacted with the intent of “providing access to justice to the citizens at their doorsteps and to ensure that opportunities for securing justice are not denied to any citizen by reason of social, economic or other disabilities and for matters connected therewith”
 
Applicable to the whole of India except the State of Jammu and Kashmir, the State of Nagaland, the State of Arunachal Pradesh, the State of Sikkim and to the tribal areas, the Act provides for the “establishment of Gram Nyayalayas at the grass roots level”.
 
Under the Act, it is the responsibility of the respective State Governments to establish, in consultation with its High Court, Gram Nyayalayas at the panchayat level and define their jurisdiction. Generally the headquarters of every Gram Nyayalaya shall be located at the headquarters of the intermediate Panchayat in which the Gram Nyayalaya is established and these nyayalayas would be presided by an officer called Nyayadhikari, who would also be appointed by the State Government in consultation with the High Court. The only qualification prescribed for being a Nyayadhikari is that “he is eligible to be appointed as a Judicial Magistrate of the first class”.
 
The scheme of the Act, in intending to providing access to justice to the citizens at the grass-root level is that the “Nyayadhikari shall periodically visit the villages falling under his jurisdiction and conduct trial or proceedings at any place which he considers is in close proximity to the place where the parties ordinarily reside or where the whole or part of the cause of action had arisen. “ The State Government has been mandated to “extend all facilities to the Gram Nyayalaya including the provision of vehicles for holding mobile court by the Nyayadhikari while conducting trial or proceedings outside its headquarters. ”
 
Overriding the general procedural laws applicable in the country, the Act provides that the Gram Nyayalaya shall exercise criminal jurisdiction by following the procedure of ’summary trial’ in respect of the offence which are specified in the schedule to the Act. The concept of ‘plea bargaining’ has also been extended to the Gram Nyayalayas. Almost similar measures have been provided for determination of civil disputes.
 
Calling for quick justice, it would be the duty of the Nyayadhikari to pronounce the judgment in every trial in open court immediately after the termination of the trial or at the most within the next fifteen days and hand over a copy of the judgment free of cost to the parties.  Bringing it really close to the people, the Act also prescribes that the proceedings before the Gram Nyayalaya and its judgment shall be in one of the official languages of the State other than the English language.
 
Appeals from the decisions of the Gram Nyayalayas shall lie to the District and Sessions Court which is supposed to dispose off the appeal within six months. No further appeal from the District and Sessions Court is provided, leading to the culmination of the dispute.
 
It has also been entrusted to the Gram Nyayalaya to make attempts “to assist, persuade and conciliate the parties in arriving at a settlement”. In this regard the Act also provides that District Court, in consultation with the District Magistrate, shall prepare a panel consisting of the names of social workers at the village level having integrity for appointment as Conciliators who possess such qualifications and experience such that conciliatory attempts can be made in these proceedings.
 
Giving teeth to these proceedings, the Act mandates the police officers, revenue officers and government officers to provide assistance to Gram Nyayalaya to carry out their functions.
 
 
INADEQUACIES OF GRAM NYAYALAYAS
 
The Act contains provisions which are likely to result in the unjust exclusion of the impoverished from just legal processes thereby restricting access to justice.
(i) Nature of Offences within the Domain of Gram Nyayalayas:
Schedule I of the Act lists those offences which can be adjudicated by the Gram Nyayalayas. Within its criminal jurisdiction, theft; concealment, disposal and receiving of stolen property; and insult with intent to provoke a breach of the peace are some of the offences that can be decided by these courts. Vitally, offences which are not punishable with death, imprisonment for life or imprisonment for a term exceeding two years are also included within the scope of its jurisdiction. Part II of this Schedule lists some statutes and offences committed under these Acts within the ambit of the criminal jurisdiction of the Gram Nyayalayas. Some of these include the Payment of Wages Act, 1936, the Minimum Wages Act, 1948, the Protection of Civil Rights Act, 1955, the Bonded Labour System (Abolition) Act, 1976, the Equal Remuneration Act, 1976 and the Protection of Women from Domestic Violence Act, 2005. Schedule II includes most property disputes and claims arising from Payment of Wages Act, 1936 and Minimum Wages Act, 1948 within the scope of civil jurisdiction of the Nyayalaya. Evidently, most of these legislations directly affect the impoverished. These are social welfare legislations which require careful and sophisticated adjudication. That this Act does not incorporate proper procedures is even more troubling, given the nature of disputes that will come up for consideration of these courts.
 
(ii) Circumscribed Right of Appeal:
The most problematic part of the Act – Part VII deals with appeals. Section 33 provides for appeals in criminal cases. Subsection (1) provides that notwithstanding anything contained in the CrPC or any other law, no appeal shall lie from any judgment, sentence or order of a Gram Nyayalaya except as provided hereunder. The Act already  revents appeals in cases where the “accused person has pleaded guilty” or where the Gram Nyayalaya has passed a sentence only of fine not exceeding Rs 1,000. This leads up to the legally unjustifiable, Section 34 (2) that provides that no appeal shall lie from any judgment or order passed by the Gram Nyayalaya (a) with the consent of the parties; (b) where the amount or value of the subject matter of a suit, claim or dispute does not exceed Rs 1,000; (c) except on a question of law, where the amount or value of the subject matter of such suit, claim or dispute does not exceed Rs 5,000. It is crucial to note that Sections 33 and 34 provide for appeals in certain cases to the court of session and the district court, respectively. Hence, a party can appeal the nyayadhikari’s decision to a sessions court for criminal matters which must be decided in that forum by that judge within six months. For civil matters the appeal should be directed to district court which must decide it within six months. However, the Act prevents any further appeal after the decision of the court of session or the district court. Section 33 (7) provides that the decision of the court of session shall be final and no appeal or revision shall lie from the decision of the court of session. Similarly, Section 34 (6) provides that the decision of the district court shall be final and no appeal or revision shall lie from such decision. The revised version of the bill that was finally enacted also contains a proviso which allows for availing of judicial remedies available under Articles 32 and 226 of the Constitution. Therefore, for almost all matters that will be decided by the Gram Nyayalayas, there can be only one additional appeal to subordinate courts. Within the part of the Act, there are also concerns regarding the time limit imposed on filing an appeal against the decision of the Gram Nyayalaya. As per Section 33 (4), every appeal shall be preferred within a period of 30 days from the date of judgment, sentence or order of a Gram Nyayalaya in a criminal case. This is similar to Section 34 (3) which lays down the same restrictions for civil cases. The Parliamentary Committee which commented on the 2007 Gram Nyayalaya bill had criticized this provision and stated that “there were no valid reasons as to why the period of limitation provided in the Criminal and Civil Procedure Codes should not be made applicable” to Gram Nyayalayas (Department Related Parliamentary Standing Committee:
26). In spite of these recommendations, the Act continues to set a bar on the time period which is less than the time prescribed in the procedural laws. This is another example of the Act compromising on proper procedure and is bound to create difficulties for parties involved in litigation at the level of Gram Nyayalayas.
 
(iii) Summary Procedure and Plea Bargaining:
Gram Nyayalayas shall follow summary trial procedure in criminal cases. This runs contra to the CrPC that normally governs all criminal trials in the formal court system. Section 20 provides that any person accused of an offence may file an application for plea-bargaining in the Gram Nyayalaya in which such offence is pending trial and the Gram Nyayalaya shall dispose of the case in accordance with the provisions of the CrPC. This provision for plea-bargaining must be read in the context of Section 33(2) (a) which provides that no appeal shall lie where an accused
person has pleaded guilty and has been convicted on such plea. Further, plea-bargaining has been introduced in the CrPC, which governs the adjudication of criminal disputes in the court system. The Law Commission of India in its 142nd report had recommended a “competent authority”, a metropolitan judge or magistrate of the first class or two retired high court judges (depending on the gravity of the offence) would be appointed as plea judges. The accused would file an application for a plea bargain to the”plea” judge. This would ensure that the accused could still get a fair trial from the regular judge should the plea bargain not go through (Tewari and Agarwal 2006). The 154th Law Commission felt that in the Indian context bargaining with a prosecutor would be hazardous and a competent authority would safeguard the principle of a fair trial. Unfortunately, the Gram Nyayalayas Act does not provide for such a competent authority. The application for plea-bargaining is to be filed with the court itself. Therefore, if such an application is rejected, this would in turn have an undue bearing when the
trial is conducted.
 
(iv) ‘Interests of Justice’:
While the scheme of the Act which details the special procedure in civil disputes is not entirely undesirable, it is worthwhile to appreciate that Section 24 (7) provides that the proceedings shall, “as far as practicable”, be consistent with the interests of justice. This provision employs non-binding language and is conditional while dealing with an issue of prime importance. Any proceeding in a court of law must be consistent with the interests of justice in all circumstances; however, this provision allows for non-compliance when it is not “practicable”.
(v) Civil Court sans Civil Procedure:
In terms of civil suits, the Gram Nyayalaya has the power of a civil court, and the judgment passed by it shall be executed as if it were a decree of a civil court. However, the forum shall not be bound by the procedure in respect of execution of a decree as provided in the CPC and it shall be guided by the principles of natural justice. Section 30 of the Act dealing with the application of the Indian Evidence Act, 1872, provides that a Gram Nyayalaya may receive as evidence any report, statement, document, information or matter that may, in its opinion,  assist it to deal effectually with a dispute, whether or not the same would be otherwise relevant or admissible under the said Act. The Act envisages day to day hearing with summary procedure and pronouncement of judgment within 15 weeks from the date of the last hearing. The proceedings shall be in one of the official languages of the state other than English, as far as practicable. The parties may argue their own case but they also reserve the right to engage a
lawyer to represent them. The Act also places a duty on the Gram Nyayalayas to provide for conciliation and settlement of civil disputes for which they shall follow the procedure prescribed by the high court.
 
(vi) Police Assistance:
The Act also seeks to provide for assistance of police to the Gram Nyayalayas, wherein every police officer functioning within the local limits of jurisdiction of such a court shall be bound to assist in the exercise of its lawful authority. Further, it binds the police officer or any other government servant to provide assistance when so directed by these courts. Galanter and Krishnan document the manner in which police assistance has affected the functioning of the Electricity Lok Adalats. The police, they note, in fact appear and advocate for the electricity companies. They point out how the police representatives act as the lead advocates not only in criminal matters but also in several other billing disputes. The author refer to Julia Eckert’s description of the Shiv Sena courts in Maharashtra, where police representatives act as interpreters and arbitrators of the law. Given the similarity in the setting of lok adalats and Gram Nyayalayas, there are bound to be similar difficulties with the explicit inclusion of a provision warranting police assistance in the Act. In a system which compromises on issues of due process and prevents the usual number of appeals, it is dangerous to allow the police to offer “assistance” which may lead to coercion of the litigants.
CURRENT SCENARIO
The Centre’s plan to set up 5000 ‘Gram Nyayalayas’ across the country to bring justice delivery system to the common man’s doorsteps has not found favour with the state governments.   More than a year after the Gram Nyayalaya Act was notified, only four states have established such rural courts, while five have rejected the idea citing various reasons.  According to figures compiled by the Law Ministry, since the Act was notified on October 2, 2009 to coincide with Gandhi Jayanti, four states together have established 96 rural courts while five others, including Delhi and Andhra Pradesh, have informed the Centre about their unwillingness to set up such courts.   “Due to urbanisation, there is no need to set up Gram Nyayalayas,” Delhi government said in its response to the Law Ministry.  Similarly, the Andhra Pradesh government informed the Ministry that “there is no need to set up Gram Nyayalayas as the existing system is found very effective”.   The other states which have refused to set up rural courts are Tamil Nadu, Uttarakhand and Union Territory of Chandigarh.
Madhya Pradesh has set up 45 Gram Nyayalayas, Maharashtra nine, Orissa one and Rajasthan 46. Out of the total 96 rural courts established by these states, only 48 are operational.   Law Minister M Veerappa Moily had recently inaugurated Rajasthan’s first rural court in the subordinate court premises in Bassi near capital Jaipur.
A total of Rs 13. 47 crore has been released to the four states so far.
A few months ago, Prime Minister Manmohan Singh and UPA chairperson Sonia Gandhi had strongly pitched for setting up of these courts to provide affordable justice to the vast majority living in villages.
Only 15 of the 28 states have so far responded to the letters sent by the Law Ministry, seeking proposals for setting up the Gram Nyayalayas to bring down three crore pending cases in lower courts.  Jharkhand has formed a high-level committee headed by the chief secretary of the state “to look into the matter. “ Uttar Pradesh and West Bengal have agreed to set up these courts subject to cent per cent financial assistance from the Centre.  Parliament had passed the Gram Nyayalayas Act in December 2008. The law provides for setting up of mobile courts at panchayat level, which would be presided over by a judicial magistrate (nyayadhikari), with powers to decide criminal and civil matters within six months.
 
In Gujarat
The Parliament passed the Gram Nyayalaya Bill, 2008 in the recently concluded winter session, thus establishing Gram Nyayalayas as the lowest tier of the judiciary for rural areas. The move will act as a major thrust in dispensing inexpensive and speedy justice to people in rural Gujarat. M H Shah, Secretary, Legal Department, Government of Gujarat, said that as per the provisions of the Bill, the state government will constitute 225 Gram Nyayalayas, one in every taluka of the state. Accordingly, 225 nyaya adhikaris — first class judicial magistrates working under the Gujarat High Court — will be appointed. In all, 4,725 new posts will be created and a new separate cadre will come into existence. “Although details of the Bill are yet to be ascertained, our estimates suggest a total expenditure of Rs 300 crore for developing the infrastructure of Gram Nyayalayas across the state,” As per the provisions of the Bill, the Central government will bear the full cost on capital account and the nyaya adhikaris will be required to hold mobile courts and conduct proceedings in villages.
Litigation cost will also be borne by the state.
Officials of the Legal Department also hoped that these Gram Nyayalayas will help reduce the Lower Court pendency in Gujarat that has crossed 24,20,052, of which 7,28,305 is civil pendency and 16,91,747 is criminal pendency.
CONCLUSION
 
The government should appreciate that the aim of adjudication is not merely peace, or the maximisation of the ends of private parties. It is to give force to constitutional values and ensure that such values infuse the content of the true aim of adjudication – justice. A statute that is created only for people residing in rural areas, with limited procedural guarantees, to adjudicate allegedly small claims – including those that implicate a litany of social welfare legislation concerning – Minimum Wages, Civil Rights, Abolishing Bonded Labour, Equal Pay and Protection from Domestic Violence compromises the promises of our Constitution. It makes a mockery of that which is most sacred to all law – that power resources and the quantum of private gain will not determine the aims or means of the process that is adjudication. The Gram Nyayalayas Act violates this essential foundation of adjudication.
 
The Gram Nyayalaya is a supplement to present judiciary. As mentioned in the introduction of the project it would help to reduce backlog of cases. Moreover it would not be interfering in the Panchayat system.
 
There was suspicion that these courts are being set-up with ulterior motives of ‘managing litigation’ and with the purpose of reducing the pendency of cases. A recurring question was whether speedy disposal meant speedy justice for the poorer litigant. A court that is closer to the rural litigant and a speedy disposal are definitely laudable objective of the legal system. However, an emphasis on speedy disposal alone raises doubts if these are moves are being made to manage the arrears of the cases or to enable better access to the litigant-people. Surely long pendency is not the only issue which affects a litigant’s expectations in the courts. One was also unclear about what to draw from the experiences of the other special courts such as Fast Track courts or the Lok Adalats. Clearly, family courts, despite its emphasis on conciliation and relaxed procedures, ended up functioning like regular civil courts. Considering the disappointing practices of special courts and their functioning, the question remains, whether the Gram Nyayalaya be able to establish a new forum for litigation.
 
BIBLIOGRAPHY
Books Referred:
Narayana P. S. , Law Relating to Gram Nyayalayas, (Allahabad: Law Publishing House) 2009.
Mallk Krishnpal Dr. , Gram Nyayalaya Act, 2008,
 
Articles Referred:
“National Consultation on Judicial Accountability and the Gram Nyayalayas Act,2008″.
Vasudha Nagaraj’s, ‘The Gram Nyayalaya; The New Face of The Judiciary’
A recent newspaper article dated January 4th 2011, “Idea of Gram Nyayalaya not hit with the states”.
A newspaper article “State to Constitute 225 Gram Nyayalayas”.
‘’Gram Nyayalayas : a cause for optimism?”.
An article by Prof. Usha Vaidyanathan, “Salient features of the 114th Law Commission Report on Gram Nyayalaya”.
Websites Referred:
http://www. prsindia. org/uploads/media/1180414050/bill117_20070906117_Legislative_Brief____Gram_Nyayalayas_2007. pdf
http://netindian. in/news/2009/09/29/0003533/gram-nyayalaya-act-come-effect-oct-2
http://www. prsindia. org/uploads/media/1224668109/1224668109_The_Gram_Nyayalayas_Bill__2008. pdf
Legal Databases Referred:
The Law_Sup
Lawsuit
Supreme Court Cases
 
 
 

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The springtime for Gucci Handbags’ second store

Friday, June 3rd, 2011

The springtime for Gucci Handbags’ second store

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The springtime for Gucci Handbags’ second store

Posted: Aug 16, 2010 |Comments: 0
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. “What I buy isn’t extravagant and what to buy is a prestige!”Owned the some outside Qi white for wrap of a top-class to get Ms. Lin usually just to patronize a second-hand luxury goods store. She becomes after purchase the habit of luxury goods is to get to Gucci Handbags work. The topic of luxury goods usually starts to chat between the colleague. Time is long and Ms. Lin discovered the importance in luxury goods’ incumbency field:”It is a kind of marking of identity and regardless like or not, had better store some. “The emergence of the Tan speech famous brand second-hand store of Ms. Chen helped her to easily exceed a world the price of the article consumption obstacle, also need not faraway flew to Hong Kong or abroad to put together to the blood, now oneself nearby of colleague and friend will also usually patronize a second-hand store.
  Brand expert, Zhao Zheng, says to this analysis, at present use a famous brand as Gucci Handbags and so on exquisite article a lot of the time has already taken to have a kind of”lease” of idea, many people just take them to be unveiled, demonstration, is some and particular of time and situation need of getup.
  Expert inside the industry points out that the luxury goods of past traditional meaning has already been redefine, it of consume the community is also change. Famous brand hand bag, shoe kimono’s pack isn’t 90’s in last century any more lately rising IT elite, financial elite and the patent of traditional profession”enrich 2″, more and more the common city office worker is change body the public consume of vogue article essential, and the boundary of luxury goods and the public vogue article also just at more and more misty.
  Second-hand vogue in spring quietly but go to
  The at present second-hand luxury goods store has already grow profusely and quickly, in second-hand luxury goods store in the capital city, in addition to set up SOHO a take more concentrated, also continuously have a new store to open a business in the near future at the Asian Games village region, the scale is larger. The traditional pawn went to also take aim vision to ascend second-hand luxury goods market, will pawn scope extension, the pen of Gucci Handbags,ascend the lighter of pleased road’s etc. s all can pawn. The high class that the China pawn go pawn teacher Wang2 Cheng2 said, from thought in the past that using a second-hand product was a matter for lose face till now of second-hand store widely accepted, symbolize the public of the consumption idea is getting more rational and mature.
  Statistics according to the Chinese second-hand industry association, our country second-hand market sale the sum have already attained 180,000,000,000 dollars, and increase by every year 10% speed. The young white gets the living of conduct and actions second-hand luxury goods market dint soldier, they since is a buyer is also a seller, buy of more and much eliminate also more many. BE becoming such as the king say, “this be a market which prospers day by day”.

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Starting handbag business . in back of store. people must come in throw the door of building. do you think this will work. should i advertise on front door of building i own building

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Velocity?Armageddon Antidotes, & Just Say “No” to 401(k) & IRA Confiscation

Thursday, June 2nd, 2011

Velocity–Armageddon Antidotes, & Just Say “No” to 401(k) & IRA Confiscation

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Velocity–Armageddon Antidotes, & Just Say “No” to 401(k) & IRA Confiscation

Posted: Sep 01, 2010 |

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“The crucial passage comes in Chapter 17 entitled “Velocity”. Each big inflation — whether the early 1920s in Germany, or the Korean and Vietnam wars in the US — starts with a passive expansion of the quantity of money. This sits inert for a surprisingly long time. Asset prices may go up, but latent price inflation is disguised. The effect is much like lighter fuel on a camp fire before the match is struck.
People’s willingness to hold money can change suddenly for a “psychological and spontaneous reason”, causing a spike in the velocity of money. It can occur at lightning speed, over a few weeks…
“Velocity took an almost right-angle turn upward in the summer of 1922,” said Mr. O Parsson. Reichsbank officials were baffled. They could not fathom why the German people had started to behave differently almost two years after the bank had already boosted the money supply. He contends that public patience snapped abruptly once people lost trust and began to “smell a government rat”.
Some might smile at the Bank of England “surprise” at the recent the jump in British inflation. Across the Atlantic, Fed critics say the rise in the US monetary base from $871bn to $2,024bn in just two years is an incendiary pyre that will ignite as soon as US money velocity returns to normal.
Morgan Stanley expects bond carnage as this catches up with the Fed, predicting that yields on US Treasuries will rocket to 5. 5pc…
Near civil war between town and country was a pervasive feature of this break-down in social order. Large mobs of half-starved and vindictive townsmen descended on villages to seize food from farmers accused of hoarding…
Grand pianos became a currency or sorts as pauperized members of the civil service elites traded the symbols of their old status for a sack of potatoes and a side of bacon. There is a harrowing moment when each middle-class families first starts to understand that its gilt-edged securities and War Loan will never recover. Irreversible ruin lies ahead. Elderly couples gassed themselves in their apartments…
Great numbers of people failed to see it coming. “My relations and friends were stupid. They didn’t understand what inflation meant. Our solicitors were no better. My mother’s bank manager gave her appalling advice,” said one well-connected woman. ” (emphasis added)
“The Death of Paper Money”Ambrose Evans-Pritchard, The Telegraph, London, 7/25/10
 
“…it is difficult enough to convince some people that the economy is in fact not providing the security they desire, but is actually destroying their future completely. To explain to them that this is deliberate, that the economy is designed to self-destruct, that is another prospect altogether…
Many people hit a proverbial wall on this issue because they simply cannot fathom that certain groups of men (globalists and central bankers) view money and economy in completely different terms than they do. The average American lives within a tiny box when it comes to the mechanics and motivations of finance. They think that their monetary desires and drives are exactly the same as a globalist’s. But, what they don’t realize is that the box they think in was BUILT by globalists. This is why the actions of big banks and the decisions of our mostly corporate establishment run government seem so insane in the face of common sense. We try to rationalize their behavior as “idiocy”, but the reality is that their goals are highly deliberate and so far outside what we have been taught to expect that some of us lack a point of reference. If you cannot see the endgame, you will not understand the steps taken to reach it until it is too late…
Our government, both major parties, is owned lock stock and barrel. This is why there are no satisfactory answers for the questions posed above. Elements of the U. S. Government including almost every president since 1912 have not only turned a blind eye to Globalist activities, they have offered their full support to the bankers…
Corporate globalists believe in global government on their terms and they barely try to hide it. If someone thinks this sounds “fantastical” then they haven’t been paying the slightest attention. When one understands how Elites view economy, and realizes their primary motivations, the fact that they purposely triggered a collapse is perfectly logical…
We once took a feared king to task. Are a bunch of frothing corporate bankers really so daunting? All that is needed is a principled movement with the will to see justice done, and I believe we have that already.
“The Purpose Behind Engineered Economic Collapse”Giordano Bruno, Neithercorp Press, 8/17/2010
 
“The Obama administration appears to be proceeding with a novel way of financing trillion-dollar budget deficits by forcing IRA and 401(k) holders to buy Treasury bonds by mandating the placement of government-structured annuities in their investment accounts.
The requirement to invest private retirement assets has been cleverly buried within plans to create “automatic IRAs” that would mandate employer groups enroll all employees in 401(k) or IRA plans.
The U. S. Department of Labor released yesterday an agenda for an upcoming joint hearing with the Department of the Treasury scheduled for Sept. 14 and 15 on whether government life-time annuity options funded by U. S. Treasury debt should be required for private retirement accounts, including IRAs and 401(k) plans.
WND reported in January that Assistant Labor Secretary Phyllis C. Borzi and Deputy Assistant Treasury Secretary Mark Iwry are planning to stage a public comment period before implementing regulations that would require private investors to structure IRA and 401(k) accounts into what could amount to a U. S. Treasury debt-backed government annuity. ”
“Government wants your 401(k): Hearings set on plan to require Treasuries in ‘automatic IRA’”Jerome R. Corsi, WorldNetDaily, 8/26/10
 
Why all the concern about Inflation, much less Hyperinflation?
Isn’t the Private Sector Massively deleveraging? Yes.
Hasn’t M3 been dramatically dropping in recent months (a Major Sign of an Economic Depression BTW)? Yes.
Isn’t the U. S. and Key Major Nations GDP dropping (Real U. S. GDP is a Negative Number per Shadowstats. com – see below)? Yes.
But consider that all of the aforementioned are Symptoms of a Stagnating Economy.
And it is entirely possible to have a Stagnating Economy with Inflation or even Hyperinflation.
Indeed, we already have a word for it: Stagflation.
And there are already Signs.
The Public Sector, especially in the U. S. A. and Europe, is leveraging UP.
Massive Central Bank and Major Government Stimuli resulting in The thus-far-”Inert” (see Quote above), but Burgeoning Repositories of Fiat Currencies which lie in wait, an Eerie Simulacrum of the two Year Calm before the Hyperinflationary Storm in the Weimer Republic.
And another sign — Real U. S. Consumer Price Inflation is already 8. 57%. Indeed, it is at this point that we need to look at the Real Numbers, not the Bogus Official ones.
Shadowstats. com calculates the Real Numbers for the U. S. the way they were calculated in the 1980’s and 1990’s, before systematic Official Data Distortion and Interventions began in earnest.
Official Numbers vs.       Real Numbers (per Shadowstats. com)
Annual U. S. Consumer Price Inflation reported August 13, 20101. 24%                     /                  8. 57% (annualized July 2010 Rate)
U. S. Unemployment reported August 6, 20109. 5%             /                  21. 7%
U. S. GDP Annual Growth/Decline reported August 27, 20102. 98%                                       -1. 25%
U. S. M3 reported August 14, 2010 (Month of July, Y. O. Y. )No Official Report       /      – 5. 38 %
Indeed, with Stagflation already with us, can Hyper-Stagflation be far behind?
Unfortunately, the likelihood of Hyper(Stag)(in)flation is all too high.
And if Hyperinflation looms (such as described in “When Money Dies: The Nightmare of the Weimar Hyperinflation”), then we are facing a likely Monetary “Velocity-Armageddon” Spike.
And in that event, interest rates will likely launch into the Stratosphere. And the Value (Purchasing Power) of Treasury Paper to which Corsi refers above (as the prospectively required Investments for 401(k) and IRAs in the U. S. Treasury Securities) plummets. Sayonara to the Retirement Plans and Asset Values of Millions of Savers and Retirees.
So what are the Antidotes to such a Monetary Velocity Spike?
Consider:
A Monetary Velocity Spike Occurs when the populace-at-large losses confidence in Fiat Currency.
If a loaf of Bread cost $10 yesterday and cost $20 today, I am impelled to expend all my remaining Fiat Currency (for Bread or other tangibles) ASAP, before its only value is as Zimbabwe Toilet Paper, as it were.
Note the Key Feature of a Velocity-Spike is a demand for Tangibles and Disdain for Fiat Paper.
So what Survives this Fiat Currency Velocity-Armageddon?
Three Categories of Tangibles Survive, and not only retain Purchasing Power Value, but actually see it enhanced. Gold, Silver and Essential Goods such as Food.
Deepcaster has long been, and still is, an advocate of Gold and Silver, as not only the best hedges against Inflation or Deflation, but also those Investments with the best profit potential. Indeed, The Ultimate Monetary Metals, are our #1 and #2 Selections as the best Fortress Assets for Profit and Protection.
Therefore, Deepcaster has two open ‘Buy’ Recommendations on a particular form of these Metals. And, as Regular Readers know, Deepcaster has for weeks maintained these open ‘Buy’ Positions notwithstanding ongoing and prospective Gold and Silver Price Suppression Attempts by the Fed-led Cartel* of Central Bankers.
Importantly, we assert (as our regular readers already know) that a Fed-led Cartel of Central Bankers and Allies has for years been suppressing the prices of Gold and Silver to prevent their attaining wider recognition as the Ultimate Stores and Measures of Value rather than their Treasury Securities and Fiat Currencies.
*We encourage those who doubt the scope and power of Overt and Covert Interventions by a Fed-led Cartel of Key Central Bankers and Favored Financial Institutions to read Deepcaster’s December, 2009, Special Alert containing a summary overview of Intervention entitled “Forecasts and December, 2009 Special Alert: Profiting From The Cartel’s Dark Interventions – III” and Deepcaster’s July, 2010 Letter entitled “Profit from a Weakening Cartel; Buy Reco; Forecasts: Gold, Silver, Equities, Crude Oil, U. S. Dollar & U. S. T-Notes & T-Bonds” in the ‘Alerts Cache’ and ‘Latest Letter’ Cache at Deepcaster’s website. Also consider the substantial evidence collected by the Gold AntiTrust Action Committee at www. gata. org, including testimony before the CFTC, for information on precious metals price manipulation. Virtually all of the evidence for Intervention has been gleaned from publicly available records. Deepcaster’s profitable recommendations displayed at Deepcaster’s website have been facilitated by attention to these “Interventionals. ” Attention to The Interventionals facilitated Deepcaster’s recommending five short positions prior to the Fall, 2008 Market Crash all of which were subsequently liquidated profitably.
However, regarding Gold and Silver, as we indicated several Months ago, The Cartel’s* Precious Metals Price Suppression Capacity has been weakened considerably by Recent Revelations catalyzed by GATA, Deepcaster, and others, that e. g. certain Major Gold Repositories have very little of the actual Physical Metal that they claim they have.
This has, thankfully, led to an increased demand for delivery of and possession of Physical Gold and Silver.
Deepcaster sees this September, 2010 period as critical for The Cartel. Will they continue to be able to suppress Precious Metals Prices? The next few weeks should tell the tale. [To see Deepcaster's forecast regarding whether The Cartel will be able to reverse the, thus far relentless, advance of Gold and Silver, see our latest Forecast in the ‘Alerts Cache' at  Deepcaster's website. ]
Indeed, GATA Board member Adrian Douglas makes a very strong case that The (Second) London Gold (Price Suppression) Pool is likely to fail imminently, thus propelling Gold and Silver to New Highs, very soon.
In any event, in the Middle and Long Term, Gold and Silver are the World’s Best Bets to rise dramatically in terms of all Fiat Currencies.
Thus they are the best Antidotes to a prospective Monetary Velocity-Armageddon.
And, in light of the foregoing observations, the prospective Government-Mandated Retirement Fund “Investments” in Treasury Securities are not any kind of Antidote but rather look much like a Confiscation and Asset Degradation.
Morgan Stanley has it right (above), and we repeat: “Morgan Stanley expects Bond Carnage as this catches up with the Fed, predicting that yields on U. S. Treasuries will rocket to 5. 5 Percent…”, as, we might add, their Values Plummet.
We are duly warned.

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Human Sacrifice In Aztec Culture

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Human Sacrifice In Aztec Culture

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Home Page > Business > Home Business > Human Sacrifice In Aztec Culture

Human Sacrifice In Aztec Culture

Posted: Sep 02, 2010 |Comments: 0
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The antecedents of Mesoamerican sacrifice
The practice of human sacrifice was widespread in the Mesoamerican and in the South American cultures during the Inca Empire. Like all other known pre-Columbian civilizations of Mesoamerica, the Aztecs practiced human sacrifice. The extant sources describe how the Aztecs sacrificed human victims on each of their eighteen festivities, one festivity for each of their 20-day months. It is unknown if the Aztecs engaged in human sacrifice before they reached the Anahuac valley and started absorbing other cultural influences. The first human sacrifice reported in the sources was the sacrifice and skinning of the daughter of the king Cxcox of Culhuacn; this story is a part of the legend of the foundation of Tenochtitlan. Several ethnohistorical sources state that under the guidance of Tlacaelel the importance of human sacrifice in Aztec history was given extra emphasis.
The role of sacrifice in Mesoamerica
Human sacrifice as shown in the Codex Magliabechiano.
Sacrifice was a common theme in Mesoamerican cultures. In the Aztec “Legend of the Five Suns”, all the gods sacrificed themselves so that mankind could live. Some years after the Spanish conquest of Mexico, a body of Franciscans confronted the remaining Aztec priesthood and demanded, under threat of death, that they desist from their murderous practice. The Aztec priests defended themselves as follows:
Life is because of the gods; with their sacrifice they gave us life [. . . ]. They produce our sustenance [. . . ] which nourishes life.
What the Aztec priests were referring to was a central Mesoamerican belief: that a great, on-going sacrifice sustains the Universe. Everything is tonacayotl: the “spiritual flesh-hood” or “bodily [sacrificial] presence” of the gods on earth. Everything arth, crops, moon, stars and people springs from the severed or buried bodies, fingers, blood or the heads of the sacrificed gods. Humanity itself is macehualli, “those deserved and brought back to life through penance”. A strong sense of indebtedness was connected with this worldview. Indeed, nextlahualli (debt-payment) was a commonly used metaphor for human sacrifice, and, as Bernardino de Sahagn reported, it was said that the victim was someone who “gave his service”.
Human sacrifice was in this sense the highest level of an entire panoply of offerings through which the Aztecs sought to repay their debt to the gods. Both Sahagn and Toribio de Benavente (also called “Motolina”) observed that the Aztecs gladly parted with everything: burying, smashing, sinking, slaying vast quantities of quail, rabbits, dogs, feathers, flowers, insects, beans, grains, paper, rubber and treasures as sacrifices. Even the “stage” for human sacrifice, the massive temple-pyramids, was an offering mound: crammed with treasures, grains, soil and human and animal sacrifices that were buried as gifts to the deities. Adorned with the land’s finest art, treasure and victims, these temples had become buried offerings under new structures every half a century.
The sacrifice of animals was common, a practice for which the Aztecs bred dogs, eagles, jaguars and deer. Objects also were sacrificed by being broken and offered to the gods. The cult of Quetzalcatl required the sacrifice of butterflies and hummingbirds.
Self-sacrifice was also quite common; people would offer maguey thorns, tainted with their own blood and, like the Maya kings, would offer blood from their tongue, ear lobes, or genitals. Blood held a central place in Mesoamerican cultures. The Florentine Codex reports that in one of the creation myths Quetzalcatl offered blood extracted from a wound in his own genital to give life to humanity. There are several other myths in which Nahua gods offer their blood to help humanity.
Common people would offer maguey thorns with their blood. Lloyd deMause has argued that, like present-day self harmers, the Aztecs also practiced bloodletting from cuts made with obsidian knives or bone needles on fleshy parts of the body, like earlobes, lips, tongue, chest and calves. This was considered private and a personal act of penitence toward the gods. The thorns were put in a ball of straw called zacatapayoli and later placed in an adoratorium.
Much like the role of sacrifice elsewhere in the world, it thus seems that these rites functioned as a type of atonement for Aztec believers. Their sacrificial hymns describe the victim as ’sent (to death) to plead for us,’ or ‘consecrated to annul all sin. ‘(Duran, Book of the Gods and Rites, 232). In one such poem, a warrior-victim announces that ‘I embrace mankind. . . I give myself to the community. ‘(MSS Romance de Los . . . Folio 27r). Aztec society viewed even the slightest tlatlacolli (’sin’ or ‘insult’) as an extremely malevolent supernatural force. For instance, if an adulterer were to enter a house, it was believed that all turkey chicks would perish from tlazomiquiztli (‘filth-death’)(Sahagun Bk. 5: 29: 191-192). To avoid such calamities befalling their community, those who had erred punished themselves by extreme measures such as slitting their tongues for vices of speech or their ears for vices of listening, and ‘for a slight [sin they] hanged themselves, or threw themselves down precipices, or put an end to themselves by abstinence’ (Motolinia, History of the Indies, 106-107). In Classic Nahuatl (the Aztec language) the verbal form ni-c-yecoa, ‘I sin’, is closely related to ni-c-ye. coa, ‘I finish it. ‘ It was believed that error of any sort could quite literally ‘finish’ or ‘ruin’ everything (Francisco Clavigero, Historia antiqua de Mxico, 7). This seems to have given Aztec society a heavy dependence on extremely violent ‘penance,’of which human sacrifice was considered one form (as already mentioned, human sacrifice was often called ‘penance’).
A great deal of cosmological thought seems to have underlain each of the Aztec sacrificial rites. By far the most common form of human sacrifice was heart-extraction, and this seems to have related to the Aztec belief that the heart(tona) was both the seat of the individual and a fragment of the Sun’s heat (istli). To this day, the Nahua consider the Sun to be a heart-soul (tona-tiuh) ’round, hot, pulsating’(Alan Sandtrom, Corn is Our Life, 1991, 239-240). It seems that in the Aztec view, humanity’s ‘divine sun fragments’ were considered ‘entrapped’ by the body and its desires:
Where is your heart? You give your heart to each thing in turn. Carrying, you do not carry it. . . You destroy your heart on earth (Nahua poem in Irene Nicholson, Firefly in the Night, 156 & 203).
Heart-extraction was viewed as a means of liberate istli and reunite it with the Sun, as aptly depicted in Codex Magliabechiano, Folio 70 (illustrated in this section), wherein a victim’s transformed heart flies Sunward on a trail of blood.
Finally, it should be noted that according to the Aztec (and Mesoamerican) world-view, the circumstances in which people died determined the type of afterlife they enjoyed. The Aztecs had meticulously organised death into several types, which each led to specific ‘heavenly’ and ‘underworld’ levels. In the levels Sahagun records, passing away quietly at home was the lowest, as it required the unfortunate soul to undergo numerous torturous trials and journeys, only to culminate in a sombre underworld. By contrast, what the Aztecs termed ‘a good death’ was sacrifice, war (which usually meant sacrifice) or – in the case of women – death whilst giving birth. This kind of end procured for the deceased the second-highest heaven (death in infancy being the highest). Persons who had died sacrificially or in war were called ‘the God-dead’ (Teo-micqui ) and were said to ‘go pure. . . live hard by, nigh unto the Sun. . . [who] always forever . . . rejoice . . . [since] the House of the Sun is . . . a place of joy (Sahagun Bk 6: 21).
The 52-year cycle
The cycle of fifty-two years was central to Mesoamerican cultures. The Nahua’s religious beliefs were based on a great fear that the universe would collapse after each cycle if the gods were not strong enough. Every fifty-two years a special New Fire ceremony was performed. All fires were extinguished and at midnight a human sacrifice was made. The Aztecs waited for the dawn. If the Sun appeared it meant that the sacrifices for this cycle had been enough. A fire was ignited on the body of a victim, and this new fire was taken to every house, city and town. Rejoicing was general: a new cycle of fifty-two years was beginning, and the end of the world had been postponed, at least for another 52-year century. (A similar ceremony is still practiced by small indigenous groups, but without human sacrifice. ) The ceremony was older than the Aztecs. While originally it was believed it was a matter of luck to survive, the Aztecs thought that constant sacrifice through the fifty-two year cycle could postpone the end.
According to Miguel Len-Portilla, Tlacaelel reformed the original Nahua religion and the Aztecs viewed themselves as the main representatives for feeding the gods. This gave them a new sense of identity, from “people without face” as they were called by hostile neighbours, to the people in charge of the existence of the universe. Thus they began to call themselves “The people of the sun”. Other researchers dispute Len-Portilla’s perspective, pointing to the relative lack of primary sources. [citation needed]
Sacrifices to specific gods
Huitzilopochtli
Huitzilopochtli was the tribal deity of the Mexica and, as such, he represented the character of the Mexica people and was often identified with the sun at the zenith, and with warfare.
When the Aztecs sacrificed people to Huitzilopochtli ( the god with war like aspects ) the victim would be placed on a sacrificial stone. Then the priest would cut through the abdomen with an obsidian or flint blade. The heart would be torn out still beating and held towards the sky in honor to the Sun-God; the body would be carried away and either cremated or given to the warrior responsible for the capture of the victim. He would either cut the body in pieces and send them to important people as an offering, or use the pieces for ritual cannibalism. The warrior would thus ascend one step in the hierarchy of the Aztec social classes, a system that rewarded successful warriors.
Victim of sacrificial gladiatorial combat, from Codex Magliabechiano. Note that he is tied to a large stone and his macuahuitl (sword/club) is covered with what appears to be feathers instead of obsidian.
Tezcatlipoca
Tezcatlipoca was generally considered the most powerful god, the god of night, sorcery and destiny (the name tezcatlipoca means “smoking mirror”, or “obsidian”). The Aztecs believed that Tezcatlipoca created war to provide food and drink to the gods. Tezcatlipoca was known by several epithets including “the Enemy” and “the Enemy of Both Sides”, which stress his affinity for discord. Tezcatlipoca had the power to forgive sins and to relieve disease, or to release a man from the fate assigned to him by his date of birth; however, nothing in Tezcatlipoca’s nature compelled him to do so. He was capricious and often brought about reversals of fortune. To the Aztecs, he was an all-knowing, all-seeing nearly all-powerful god. One of his names can be translated as “We Who Are His Slaves”.
Some captives were sacrificed to Tezcatlipoca in ritual gladiatorial combat. The victim was tethered in place and given a mock weapon. He died fighting against up to four fully armed jaguar knights and eagle warriors.
During the 20-day month of Toxcatl, a young impersonator of Tezcatlipoca would be sacrificed. Throughout a year, this youth would be dressed as Tezcatlipoca and treated as a living incarnation of the God. The youth would represent Tezcatlipoca on earth; he would get four beautiful women as his companions until he met his destiny, in the meantime he walked through the streets of Tenochtitlan playing a flute. On the day of the sacrifice a feast would be held in Tezcatlipoca’s honor. The young man would climb the pyramid, break his flute and surrender his body to the priests. Sahagn compared it to the Christian Easter.
Huehueteotl
To appease Huehueteotl, the fire god and a senior deity, the Aztecs had a ceremony where they prepared a large feast at the end of which they would burn captives and before they died they would be taken from the fire and their hearts would be cut out. Motolina and Sahagn reported that the Aztecs believed that if they did not placate Huehueteotl a plague of fire would strike their city. The sacrifice was considered an offering to the deity.
Tlloc
Main article: Child sacrifice in pre-Columbian cultures
Tlloc was the god of rain. The Aztecs believed that if sacrifices weren’t supplied for Tlloc, rain wouldn’t come and their crops wouldn’t flourish. Leprosy and rheumatism, diseases caused by Tlloc, would infest the village. Tlloc required the tears of the young as part of the sacrifice. The priests made the children cry during their way to immolation: a good omen that Tlloc would wet the earth in the raining season. In the Florentine Codex, also known as General History of the Things of New Spain, Sahagn wrote:
They offered them as sacrifices to [Tlaloc and Chalchiuhtlicue] so that they would give them water.
The Flower Wars
Main article: Flower war
It has often been claimed by scholars that the Aztecs resorted to a form of ritual warfare, the Flower War, to obtain living human bodies for the sacrifices in time of peace. This claim however has been severely criticised by scholars such as Ross Hassig and Nigel Davies who claim that the main purpose of the Flower Wars was political and not religious and that the number of sacrificial victims obtained through flower wars was insignificant compared to the number of victims obtained through normal political warfare.
According to Diego Durn’s History of the Indies of New Spain, and a few other sources that are also based on the Crnica X, the Flower Wars were originally a treaty between the cities of Aztec Triple Alliance and Tlaxcala and Huexotzingo motivated by a famine in Mesoamerica in 1450. Aztec prisoners were also sacrificed in Tlaxcala and Huexotzingo. The capture of prisoners for sacrifices was called nextlaualli (“debt payment to the gods”). These sources however are contradicted by other sources, such as the Codex Chimalpahin, which mentions “Flower Wars” much earlier than the famine of 1450 and against other opponents than the ones mentioned in the treaty.
Because the objective of Aztec warfare was to capture victims alive for human sacrifice, battle tactics were designed primarily to injure the enemy rather than kill him. After towns were conquered their inhabitants were no longer candidates for human sacrifice, only liable to regular tribute.
Slaves also could be used for human sacrifice, but only if the slave was considered lazy and had been resold three times.
A ceremonial offering of Aztec sacrificial knife blades at the National Museum of Anthropology in Mexico City.
The sacrifice ritual
Most of the sacrificial rituals took more than two people to perform. In the usual procedure of the ritual, the sacrifice would be taken to the top of the temple. The sacrifice would then be laid on a stone slab by four priests, and his/her abdomen would be sliced open by a fifth priest with a ceremonial knife made of flint. The cut was made in the abdomen and went through the diaphragm. The priest would grab the heart and tear it out, still beating. It would be placed in a bowl held by a statue of the honored god, and the body thrown down the temple’s stairs.
Before and during the killing, priests and audience (who gathered in the plaza below) stabbed, pierced and bled themselves as autosacrifice (Sahagun, Bk. 2: 3: 8, 20: 49, 21: 47). Hymns, whistles, spectacular costumed dances and percussive music marked different phases of the rite.
The body parts would then be disposed of: the viscera fed the animals in the zoo; the bleeding head was placed on display in the tzompantli, meaning ‘hairy skulls’. Not all the skulls in the tzompantlis were victims of sacrifice. In the Anales de Tlatelolco it is described that during the siege of Tlatelolco by the Spaniards, the Tlatelolcas built three tzompantli: two for their own dead and one for the fallen conquerors, including two severed heads of horses.
Other kinds of human sacrifice, which paid tribute to various deities, approached the victims differently. The victim could be shot with arrows (in which the draining blood represented the cool rains of spring); die in unequal fighting (gladiatorial sacrifice) or be sacrificed as a result of the Mesoamerican ballgame; burned (to honor the fire god); flayed after being sacrificed (to honor Xipe Totec, “Our Lord The Flayed One”), or drowned.
A tzompantli, or skull rack, as shown in the post-Conquest Ramirez Codex.
Estimates of the scope of the sacrifices
For the re-consecration of Great Pyramid of Tenochtitlan in 1487, the Aztecs reported that they sacrificed about 80,400 prisoners over the course of four days, though there were probably far fewer sacrifices. According to Ross Hassig, author of Aztec Warfare, “between 10,000 and 80,400 persons” were sacrificed in the ceremony. The higher estimate would average 14 sacrifices per minute during the four-day consecration. As a comparison, the Auschwitz concentration camp, working 24 hours a day with modern technology, approached but did not equal this pace: it executed about 19,200 a day at its peak. Four tables were arranged at the top so that the victims could be jettisoned down the sides of the temple. Nonetheless, according to Codex Telleriano-Remensis, old Aztecs who talked with the missionaries told about a much lower figure for the reconsecration of the temple, approximately 4,000 victims in total.
Michael Harner, in his 1977 article The Enigma of Aztec Sacrifice, estimates the number of persons sacrificed in central Mexico in the 15th century as high as 250,000 per year. Fernando de Alva Corts Ixtlilxochitl, a Mexica descendant and the author of Codex Ixtlilxochitl, claimed that one in five children of the Mexica subjects was killed annually. Victor Davis Hanson argues that an estimate by Don Carlos Zumrraga of 20,000 per annum is “more plausible. ” Other scholars believe that, since the Aztecs always tried to intimidate their enemies, it is more likely that they could have inflated the number as a propaganda tool. The same can be said for Bernal Daz’s inflated calculations when, in a state of visual shock, he grossly miscalculated the number of skulls at one of the seven Tenochtitlan tzompantlis. According the Florentine Codex, fifty years before the conquest the Aztecs burnt the skulls of the former tzompantli. Mexican archeologist Eduardo Matos Moctezuma has unearthed and studied some tzompantlis.
Sacrifices were made on specific days. Sahagn, Juan Bautista de Pomar and Motolina report that the Aztecs had eighteen festivities each year, one for each Aztec month. They clearly state that in those festivities sacrifices were made. Each god required a different kind of victim: young women were drowned for Xilonen; children were sacrificed to Tlloc; Nahuatl-speaking prisoners to Huitzilopochtli, and a single nahua would volunteer for Tezcatlipoca. The Ramrez Codex states that for the annual festivity of Huitzilopochtli more than sixty prisoners were sacrificed in the main temple, and prisoners were sacrificed in other large Aztec cities as well.
Not all sacrifices were made at the Tenochtitlan temples; a few were made at “Cerro del Pen”, an islet of the Texcoco lake. According to an Aztec source, in the month of Tlacaxipehualiztli (from February 22 to March 13), thirty-four captives were sacrificed in the gladiatorial sacrifice to Xipe Totec. More victims would be sacrificed to Huitzilopochtli in the month Panquetzaliztli (from 9 November to 28 November) according to the Ramrez Codex. This would mean a figure as low as 300 to 600 victims a year. There is little agreement on the actual figure due to the scarcity of archeological evidence.
Every Aztec warrior would have to provide at least one prisoner for sacrifice. All the male population was trained to be warriors, but only the few who succeeded in providing captives could became full-time members of the warrior elite. Those who could not would become macehualli, workers. Accounts also state that several young warriors could unite to capture a single prisoner, which suggests that capturing prisoners for sacrifice was challenging.
There is still much debate as to what social groups constituted the usual victims of these sacrifices. It is often assumed that all victims were ‘disposable’ commoners or foreigners. However, slaves – a major source of victims – were not a permanent class but rather persons from any level of Aztec society who had fallen into debt or committed some crime (see Duran, Book of the Gods and Rites, 131, 260). Likewise, most of the earliest accounts talk of prisoners of war of diverse social status, and concur that virtually all child sacrifices were locals of noble lineage, offered by their own parents (compare Cortes, Letters 105 with Motolinia, History of the Lindies 118-119 and Duran, Book of the Gods, 223, 242).
Likewise, it is doubtful if many victims came from far afield. In 1454, the Aztec government forbade the slaying of captives from distant lands at the capital’s temples (Duran, The Aztecs: History of the Indes, 141). Duran’ s informants told him that sacrifices were consequently ‘nearly always . . . friends of the [Royal] House’- meaning warriors from allied states (Duran, The Aztecs: History of the Indies, 141, 198). This probably meant that the average Aztec warrior stood as much chance of procuring a victim as he did of himself becoming one – as the Aztec Emperor reportedly told all captives about to be sacrificed: ‘today for you, tomorrow for me’(Tezozomoc Vol. 2).
Discussion of primary sources
Codex Tudela.
Early Spanish accounts mention the sacrificial practice of the Aztecs as well as other Mesoamerican cultures in the 16th century. There are numerous depictions of sacrifices in the Mexica statuary, as well as in codices such as the Ros, Tudela, Telleriano-Remensis, Durn, and Sahagn’s Florentine. On the other hand, the pre-Columbian, indigenous codices that depict the rites were not written texts but pictorial and highly symbolic ideographshe Aztecs did not have a true writing system such that of the Mayas. Bishop Zumarraga (1528-48) burned all obtainable texts in his religious zeal.
For Mesoamerica as a whole, the accumulated archaeological, iconographical and in the case of the Maya written evidence, indicates that human sacrifice was widespread across cultures and periods, dating back to 600 BCE and possibly much earlier. Osteological analyses have also been interpreted as corroborating the texts. Pictorial illustrations of sacrifices on Maya ceramics and stelae have also been published.
Accounts from the Grijalva expeditions
In addition to the accounts provided by Sahagn and Durn, there are other important texts to be considered.
Juan de Grijalva, Hernn Corts, Juan Daz, Bernal Daz, Andrs de Tapia, Francisco de Aguilar, Ruy Gonzlez and the Anonymous Conqueror wrote about the Conquest of Mexico. Martyr d’Anghiera, Lopez de Gomara, Oviedo y Valdes and Illescas, while not in Mesoamerica, wrote their accounts based on interviews with the participants. Bartolom de Las Casas and Sahagn arrived later to New Spain but had access to direct testimony, especially of the indigenous people. All of these narratives mention and describe the practice of human sacrifice.
Juan Daz
Juan Daz, a participant of the 1518 Grijalva expedition, wrote Itinerario de Grijalva before 1520, in which he describes the aftermath of a sacrifice on an island near Veracruz.
Bernal Daz
Main article: The Conquest of New Spain
Bernal Daz corroborates Juan Daz’s history:
On these altars were idols with evil looking bodies, and that every night five Indians had been sacrificed before them; their chests had been cut open, and their arms and thighs had been cut off. The walls were covered with blood. We stood greatly amazed and gave the island the name isleta de Sacrificios [Island of the Sacrifices].
In The Conquest of New Spain Daz recounted that, after landing on the coast, they came across a temple dedicated to Tezcatlipoca. “That day they had sacrificed two boys, cutting open their chests and offering their blood and hearts to that accursed idol”. Daz narrates several more sacrificial descriptions on the later Corts expedition. Arriving at Cholula, they find “cages of stout wooden bars [. . . ] full of men and boys who were being fattened for the sacrifice at which their flesh would be eaten”. When the conquistadors reached Tenochtitlan, Daz described the sacrifices at the Great Pyramid:
They strike open the wretched Indian’s chest with flint knives and hastily tear out the palpitating heart which, with the blood, they present to the idols [. . . ]. They cut off the arms, thighs and head, eating the arms and thighs at ceremonial banquets. The head they hang up on a beam, and the body is [] given to the beasts of prey.
According to Bernal Daz, the chiefs of the surrounding towns, for example Cempoala, would complain on numerous occasions to Corts about the perennial need to supply the Aztecs with victims for human sacrifice. It is clear from his description of their fear and resentment toward the Mexicas that, in their opinion, it was no honor to surrender their kinsmen to be sacrificed by them.
Hernn Corts
Corts describes similar events in his Letters:
They have a most horrid and abominable custom which truly ought to be punished and which until now we have seen in no other part, and this is that, whenever they wish to ask something of the idols, in order that their plea may find more acceptance, they take many girls and boys and even adults, and in the presence of these idols they open their chests while they are still alive and take out their hearts and entrails and burn them before the idols, offering the smoke as sacrifice. Some of us have seen this, and they say it is the most terrible and frightful thing they have ever witnessed.
The Anonymous Conqueror
The Anonymous Conqueror’s Narrative of Some Things of New Spain and of the Great City of Temestitan details Aztec sacrifices. In Chapter XIV he depicts the temple in which men, women, boys and girls were sacrificed. On Chapter XXIV the Anonymous Conqueror repeatedly claims that the Aztecs were cannibals, sodomites, alcoholics and polygamists. The original Spanish text is lost. The description of the temple was published in the 1556 Ramusio Italian edition.
A jaguar-shaped cuauhxicalli in the National Museum of Anthropology. This altar-like stone vessel was used to hold the hearts of sacrificial victims. See also chacmool.
Assessment of the practice of human sacrifice
Human sacrifice was nothing new when the Aztecs arrived to the Valley of Mexico, nor was it something unique to pre-Columbian Mexico. Other Mesoamerican cultures, such as the Tarascans and Toltecs, performed human sacrifices as well. Although the extent of human sacrifice is unknown among several Mesoamerican civilizations, such as Teotihuacn, what distinguished Maya and Aztec human sacrifice was the importance with which it was embedded in everyday life.
Diego Durn states that Aztecs made “indifferent or sarcastic remarks” when the Spaniards severely criticized the rite. In his Book of the Gods and Rites some of the Nahuas even ridiculed the Christian sensibilities. Instead, they asked the Spaniards to applaud:
The sacrifice of human beings [], the honored oblation of great lords and noblemen. They remember these things and tell of them as if they had been great deeds.
Although Aztec accounts mention some victims who wept, ‘faltered. . . weakened’ or ‘lost control of their bowels’ when going to be sacrificed (Sahagun Bk 2: 81), this reaction does not seem to have been the norm, as when this occurred, it was viewed as a bad omen (Duran, Book of the Gods and Rites, 132), and a tetlazolmictiliztli (‘insult to the gods’)(Duran, Book of the Gods and Rites, 132). Such victims were hurriedly taken aside and slain amidst the congregation’s sarcastic jeers of ‘(the victim has) quite acquitted himself as a man’(Sahagun Bk 2:21). Contrary to popular perceptions of Aztec victims being terrified of their fate, even the Conquistadors Cortes and Alvarado found that those they freed ‘indignantly rejected [the] offer of release and demanded to be sacrificed. ‘(Bernal Diaz, The Conquest of New Spain,159).
What we can glean from all this is that the sacrificial role entailed a great deal of social expectation and a certain degree of acquiescence. Sahagun’s informants told him that key roles were reserved for persons who were considered ‘charming. . . quick. . dances with feeling. . without [moral] defects . . . of good understanding . . . good mannered’(Sahagun Bk 2: 24: 68-69). For many rites, the victim had such a quantity of prescribed duties that it is difficult to imagine how the accompanying festival would have progressed without some degree of compliance on the part of the victim. For instance, victims were expected to bless children, greet and cheer passers-by, hear people’s petitions to the gods, visit people in their homes, give discourses and lead sacred songs, processions and dances (Sahagun Bk 5: 8; Bk 2: 5:9; Bk 2:24:68-69). The works of Clendinnen and Brundage imply that only a few select victims had this kind of role, but the Florentine Codex and Duran both make no such distinctions, stating that ‘those who had to die performed many ceremonies. . . [and] these [pre-sacrificial] rites were performed in the case of all the prisoners, each in turn. ‘(see Sahagun Bk 2:5:9 and Duran, Book of the Gods. . . p.  112).
It should also be remembered that these sacrifices were ritualistic and symbolic acts accompanying huge feasts and festivals. Victims usually died in the “center stage” amidst the splendor of dancing troupes, percussion orchestras, elaborate costumes and decorations, carpets of flowers, crowds of thousands of commoners, and all the assembled elite.
This might explain why Aztec texts frequently refer to human sacrifice as neteotoquiliztli, ‘the desire to be regarded as a god’(Duran, Book of the Gods and Rites, 177 Note 4). For each festival, at least one or more victims took on the paraphernalia, habits and attributes of the god or goddess whom they were dying as. Particularly the young man who was indoctrinated for a year to submit himself to Tezcatlipoca’s temple was the Aztec equivalent of a celebrity or rock star, being greatly revered and adored to the point of people “kissing the ground” when he passed by, as Sahagn put it.
This practice was known as becoming an ixiptla – namely, the god’s representative, image or idol. Ixiptla was the same term used for wooden, stone and dough images of gods. Interestingly, Aztec texts rarely differentiate between human ixiptla and wooden or stone ixiptla. In fact, so elaborately costumed and painted were human ixiptla that even the congregation was unsure which were human and which were stone or wood (Duran, Book of the Gods and Rites, 102). When a victim appeared in full regalia before the congregation, it was said that the divinity had been given ‘human form’- that the god now had an ixitli (face)(Duran, Book of the Gods. . . , 72-73). Duran says such victims were’worshipped. . . as the deity’(Duran, Book of the Gods and Rites, 42,109,232) or ‘as though they had been gods’(Sahagun, Florentine Codex Bk 2: 226, 238-239) (-the original Nahuatl term being nienoteoti’tzinea, literally, ‘I consider him a god’)(Clavigero, 98). Even whilst still alive, these victims were honoured, hallowed and addressed (like gods) as ‘Lord’ and ‘Lady’(Duran, Book of the Gods and Rites. . , 189) Posthumously, their remains were treated as actual relics of the gods which explains why victims’ skulls, bones and skin were often painted, bleached, stored and displayed, or else used as ritual masks and oracles. For example, Diego Duran’s informants told him that whoever wore the skin of the victim portraying god Xipe considered himself ‘divine’(Duran, Book of the Gods and Rites. . 176).
Proposed explanations of Aztec human sacrifice
Aztec or Mixtec sacrificial knife, probably for ceremonial use only, in the British Museum.
The nutritional explanation
Main article: Cannibalism in pre-Columbian America
Scholars Michael Harner and Marvin Harris have argued that the motivation behind human sacrifice among the Aztecs was actually the cannibalization of the sacrificial victims. While there is universal agreement that the Aztecs practiced human sacrifice, there is a lack of scholarly consensus as to whether cannibalism was widespread. At one extreme anthropologist Marvin Harris, author of Cannibals and Kings, has propagated the claim, originally proposed by Harner, that the flesh of the victims was a part of an aristocratic diet as a reward, since the Aztec diet was lacking in proteins. This claim has been refuted by Bernard Ortz Montellano who, in his studies of Aztec health, diet, and medicine, demonstrates that while the Aztec diet was low in animal proteins, it was rich in vegetable proteins.
The political explanation
The high-profile nature of the sacrificial ceremonies indicates that human sacrifice played an important political function. The Mexica used a sophisticated package of psychological weaponry to maintain their empire, aimed at instilling a sense of fear into their neighbours. The Aztecs controlled a large empire of tribute paying vassal tribes. The population of native Aztecs was very small compared to the population of the area they controlled. The Aztecs were vulnerable – they would have been easily outnumbered had their vassal tribes formed alliances and rebelled. To sow dissention among the vassals the Aztecs demanded human victims as part of the annual tribute. The vassals would raid each other to capture prisoners. This encouraged animosity between the vassals and strengthened Aztec political central rule. This was a method of political control which was innovative and perhaps unique in human history.
European empires, in contrast, were typically secured through the creation of garrisons and installation of puppet governments in conquered towns or settlements. The Mexica used human sacrifice as a weapon of terror even against the Spanish conquistadors, whose fallen victims were sacrificed and sometimes skinned and their bloody heads placed at the tzompantli. From across the empire even the chiefs of enemy towns were invited, or in the case of tributary towns obliged, to attend sacrificial ceremonies in Tenochtitlan. Their refusal would be considered an act of defiance against the Mexica.
The psychological explanation
For Lloyd deMause it is significant that the victims were invested of a profound cosmological meaning. According to him and a minority of academics who subscribe to an alternate school of thought, “psychohistory”, human sacrifices, including sacrifices in Mesoamerica, were an unconscious form of response to the traumatogenic modes of childrearing. DeMause in particular considers the Aztecs’ practice of sacrifice as displacement.
External links
Article “El sacrificio humano en Mesoamrica” by Michel Graulich – in Arqueologa mexicana, vol. XI, nmero 63, pp.  16-21. (Spanish)
Notes
^ Matos-Moctezuma, Eduardo (1986). Vida y muerte en el Templo Mayor. Fondo de Cultura Econmica.  
^ “Evidence May Back Human Sacrifice Claims” By Mark Stevenson
^ “Grisly Sacrifices Found in Pyramid of the Moon” By LiveScience Staff.
^ a b Harner, Michael (1977). “The Ecological Basis for Aztec Sacrifice”. American Ethnologist 4 (1): 117135. doi:10. 1525/ae. 1977. 4. 1. 02a00070.  
^ Leonardo Lpez-Lujn’s address in “Nuevas perspectivas sobre el sacrificio humano entre los mexicas”, an international seminary of the Instituto Nacional de Antropologa e Historia celebrated in September 2007 in the Museum of the Templo Mayor.
^ Graulich, Michael (2003). “El sacrificio humano en Mesoamrica”. Arqueologa mexicana XI (63): 1621.  
^ Reinhard, Johan (November 1999). “A 6,700 metros nios incas sacrificados quedaron congelados en el tiempo”. National Geographic, Spanish version: 3655.  
^ Bernardino de Sahagn, Historia General de las Cosas de la Nueva Espaa, ed. a cargo de ngel Ma. Garibay (Mxico: Editorial Porra, 2006), chapters XX to XXXVIII
^ Thema, Equipo (2002). Los aztecas. Ediciones Rueda. pp.  3940.  
^ Nicholson, Henry B. (1971). (in) Handbook of Middle American Indians. University of Texas Press. p.  402.  
^ Len-Portilla (1963, p. 111).
^ Museo del Templo Mayor, Hall 2
^ Cecelia Klein. “The Ideology of Autosacrifice at the Templo Mayor” in E. H. Boone, ed. The Aztec Templo Mayor pp. 293-370. Washington, D. C. : Dumbarton Oaks. 1987 ISBN 0-88402-149-1
^ Soustelle, Jacques (2003). La vida cotidiana de los aztecas. Fondo de Cultura Econmica. p.  102ff.  
^ Durn, Fr. Diego (1967). Historia de las Indias de Nueva Espaa. Porra.  
^ deMause, Lloyd (2002). The Emotional Life of Nations. Karnac. p.  413.  
^ Matos-Moctezuma, Eduardo (2006). Tenochtitlan. Fondo de Cultura Econmica. pp.  17273.  
^ Bernardino de Sahagn, Historia General de las Cosas de la Nueva Espaa (op. cit. ), p. 76
^ Sahagn, Ibid.
^ Duverger, Christian (2005). La flor letal: economa del sacrificio azteca. Fondo de cultura econmica. pp.  8393.  
^ Sahagn, Op. cit. , p. 79
^ Bernardino de Sahagn, Historia General de las Cosas de la Nueva Espaa (op. cit. ), p. 83
^ Sahagn, Fray Bernardino (1950-1959). Florentine Codex: General History of the Things of New Spain. 1561-82. , trans. Arthur J. O. Anderson and Charles E. Dibble. Santa Fe: School of American Research and the University of Utah. III, 5.  
^ Hassig, Ross (1988). Aztec Warfare: Imperial Expansion and Political Control. Norman: University of Oklahoma Press. ISBN 0-806-12121-1.  
^ Hassig, Ross (2003). “El sacrificio y las guerras floridas”. Arqueologa mexicana XI: 4651.  
^ Davies, Nigel (1968). Los Seorios independientes del Imperio Azteca. Mexico D. F. : Instituto Nacional de Antropologa e Historia (INAH).  
^ Duverger, Christian (2005). La flor letal. Fondo de cultura econmica. p.  81.  
^ Bernardino de Sahagn, Historia General de las Cosas de la Nueva Espaa (op. cit. ), p. 88
^ Duverger, Christian (2005). La flor letal. Fondo de cultura econmica. pp.  139140.  
^ Duverger, Ibid. , 171
^ Duverger (op. cit. ), pages 157-167
^ Hassig, Ross (2003). “El sacrificio y las guerras floridas”. Arqueologa mexicana XI: 47.  
^ Victor Davis Hanson (2000), Carnage and Culture, Doubleday, New York, pp. 194-195. Hanson, who accepts the 80,000+ estimate, also notes that it exceeded “the daily murder record at either Auschwitz or Dachau. ”
^ Hanson, p. 195.
^ Duverger (op. cit), 174-77
^ Matos-Moctezuma, Eduardo (2005). Muerte a filo de obsidiana. Fondo de Cultura Econmica. pp.  111124.  
^ George Holtker, “Studies in Comparative Religion”, The Religions of Mexico and Peru, Vol 1, CTS
^ – “Ritual Sacrifice and the Feathered Serpent Pyramid at Teotihuacn, Mxico” By George L. Cowgill
^ – “Analysis of Kaqchikel Skeletons: Iximch, Guatemala” By Stephen L. Whittington & Robert H. Tykot
^ Stuart, David (2003). “La ideologa del sacrificio entre los mayas”. Arqueologa mexicana XI (63): 2429.  
^ Daz, Bernal (2005) . Historia verdadera de la conquista de Nueva Espaa (Introduccin y notas de Joaqun Ramrez Cabaas). Editorial Porra. p.  24.  
^ Daz (op. cit. ), p. 150
^ Dinesh D’Souza’s article
^ The Conquest of New Spain, chap. XLVI
^ Corts, Hernn (2005) . Cartas de relacin. Mxico: Editorial Porra. p.  26.  ”Y tienen otra cosa horrible y abominable y digna de ser punida que hasta hoy no habamos visto en ninguna parte, y es que todas las veces que alguna cosa quieren pedir a sus dolos para que ms acepten su peticin, toman muchas nias y nios y aun hombre y mujeres de mayor edad, y en presencia de aquellos dolos los abren vivos por los pechos y les sacan el corazn y las entraas, y queman las dichas entraas y corazones delante de los dolos, y ofrecindolos en sacrificio aquel humo. Esto habemos visto algunos de nosotros, y los que lo han visto dicen que es la ms cruda y espantosa cosa de ver que jams han visto”.
^ – Narrative of Some Things of New Spain and of the Great City of Temestitan, Mxico, Chapter XV, written by a Companion of Hernn Corts, The Anonymous Conqueror.
^ Ibid. , Chapter XIV
^ Ibid. , Chapter XXIV
^ DNA analysis shows that the Teotihuacan civilization brought human victims from distant towns.
^ Diego Duran, Book of the Gods and Rites, p. 227
^ Sahagn, Historia general, op. cit, p. 104
^ Website of the British Museum.
^ Ortiz de Montellano, Bernard R. (1990). Aztec Medicine, Health, and Nutrition. Rutgers University Press.  
^ Ortiz De Montellano, Bernard R. (1983). “Counting Skulls: Comment on the Aztec Cannibalism Theory of Harner-Harris”. American Anthropologist, New Series 85, (2): 403406.  
^ Godwin, Robert (2004). One Cosmos under God. Omega Books. pp.  142, 154.  
^ deMause, Lloyd (2002). The Emotional Life of Nations. Karnac. e. g. , pp. 31, 289290, 312, 374, and 410.  
References
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Ortiz De Montellano, Bernard R. (1990). Aztec Medicine, Health, and Nutrition. New Brunswick, NJ: Rutgers University Press. ISBN 0-8135-1562-9. OCLC 20798977.  
Sahagn, Bernardino de (195082) [ca. 154085]. Florentine Codex: General History of the Things of New Spain, 13 vols. in 12. vols. I-XII. Charles E. Dibble and Arthur J. O. Anderson (eds. , trans. , notes and illus. ) (translation of Historia General de las Cosas de la Nueva Espaa ed. ). Santa Fe, NM and Salt Lake City: School for American Research and the University of Utah Press. ISBN 0-87480-082-X. OCLC 276351.  
Schele, Linda; and Mary Ellen Miller (1992). Blood of Kings: Dynasty and Ritual in Maya Art. Justin Kerr (photographer) (2nd paperback edn. , reprint with corrections ed. ). New York: George Braziller. ISBN 0-8076-1278-2. OCLC 41441466.  
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Aztec religion and mythology
Aztec religion
Human sacrifice in Aztec culture  Templo Mayor
Aztec mythology
Centeotl  Chalchiuhtlicue  Cihuacoatl  Coatlicue  Coyolxauhqui   Ehecatl  Huehuecoyotl  Huehueteotl  Huitzilopochtli  Mictlantecuhtli  Mixcoatl  Quetzalcoatl  Tepoztecatl  Tezcatlipoca  Tlaloc  Tlazolteotl  Toci  Tonatiuh  Xipe Totec  Xiuhcoatl   Xiuhtecuhtli  Xochipilli  Xochiquetzal  Xolotl 
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Aztln  Mictlan  Tlalocan  Tamoanchan  Tlillan-Tlapallan
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Challenges Faced by Humanitarian agency in Emergency Response in Urban areas: Lessons from Haiti and Chile

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Home Page > Education > Challenges Faced by Humanitarian agency in Emergency Response in Urban areas: Lessons from Haiti and Chile

Challenges Faced by Humanitarian agency in Emergency Response in Urban areas: Lessons from Haiti and Chile

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Challenges Faced by Humanitarian agency in Emergency Response in Urban areas: Lessons from Haiti and Chile
Introduction
1. The 19th and early 20th centuries, urbanization resulted from and contributed to industrialization. New job opportunities in the cities spurred the mass movement of surplus population away from the countryside. At the same time, migrants provided cheap, plentiful labor for the emerging factories. The present time world is undergoing the largest wave of urban growth in the history. In 2008, for the first time in history, more than half of the world’s population will be living in towns and cities. By 2030 this number will swell to almost 5 billion, with urban growth concentrated in Africa and Asia. While mega-cities have captured much public attention, most of the new growth will occur in smaller towns and cities, which have fewer resources to respond to the magnitude of the change. Urban growth, which is mostly due to natural increase, is unavoidable. In principle, cities offer a more favorable setting for the resolution of social and environmental problems than rural areas. Cities generate jobs and income. With good governance, they can deliver education, health care and other services more efficiently than less densely settled areas simply because of their advantages of scale and proximity. However, the speed and size of the growth are not fixed, and vary widely among regions.
Migration is a significant contributor to urbanization, as people move in search of social and economic opportunity.   According to World Bank’s flagship Development Report 2010, it has been said that “Half the world’s people now live in cities, a share that will rise to 70 percent by 2050,” said the World Bank report, citing UN Population Fund statistics. “Of urban population growth (5 million new residents a month), 95 percent will be in the developing world, with small cities growing fastest”. Environmental degradation and conflict may drive people off the land. Often people who leave the countryside to find better lives in the city have no choice but to settle in shantytowns and slums, where they lack access to decent housing and sanitation, health care and education. The more densely populated and more diverse a community is the more accentuated characteristics can be associated with urbanism. Urbanism causes decrease in per capita, and promotes urban violence, political instability, crime and aggressive behavior. Rapid population growth also responsible for poverty in urban areas. Another major issue being created by this social problem is the breaking of the traditional family structure. Our cities in especially in 3 rd world countries are not working well. Sanitation, safety, transportation, housing, education and even electricity are failing. So these urban areas become more vulnerable to any disaster because of its weak structures and poor service utility. During peace time because of frequently displacement of people within an urban areas makes job difficult for the humanitarian agencies to map the vulnerable group of people as a part of urban risk reduction process. Most humanitarian efforts and aid have been focused on rural development rather than the needs of the urban poor. About 810 million people already live in city slums, battling overcrowding, insecure tenure, landslides, flooding, poor sanitation, unsafe housing, inadequate nutrition and poor health. Other than urban earthquake preparedness, humanitarian agencies have not yet focused on emergency response in urban areas with due attention. Recent earthquake in Chile and Haiti point out the weakness and the new challenges, faced by the humanitarian agencies during emergency response.
In our country the GOB has established the Ministry of Food and Disaster Management (MoFDM) as a national focal point for disaster management in Bangladesh. It manages disasters through its three agencies: Disaster Management Bureau (DMB), Directorate of Relief and Rehabilitation (DRR), and Directorate General of Food. As a part of disaster management plan the GOB could initiate draft disaster management act. And regarding the city or urban areas the GOB mainly emphasis the earthquake. The research works and contingency plans are developing mainly based on structural point of view like collapse of building and traffics system, recovery etc. and less emphasis given on the non structural side. These are like physiological effect of the people, political complexity, violence and crime, social cohesion, and fluidity of people. So it needs to develop the urban disaster plan and its legal framework. And professionally act in emergency response phase to face those challenges which we had learnt from Haiti and Chile earthquake.
This study mainly looks for the root causes of those challenges which are faced by the humanitarian agencies during emergency response in Haiti and Chile. And try to focus those in detail with the support of secondary data. This paper took Haiti and Chile earthquake as a case study and tries to bring out the lessons which can be applicable for Dhaka or Chittagong for disaster management. And bring out the limitation of the legal framework and disaster management plan in urban areas by GOB with workable solutions. The limitation of the paper itself is absence of primary data due to time constraint.
Urbanization and its Causes
2. For Urbanization a more technical definition is given by the United Nations as “Urbanization means movement of people from rural area to urban areas resulting population growth which is equal to urban migration. ” The urbanization processes are largely driven by government development policies and budget allocations, which often favor urban residents over rural areas, tend to pull people into the urban areas. In the cities, public investment, which often misses the urban poor, with expenditures biased towards the higher-income classes and poverty among vulnerable groups such as new migrants force them into slums and squatter settlements. Urbanization may occur for the following reasons.
2. 1       Economic reasons The urban areas offer better wage-labor opportunity than the rural areas due to the conglomeration of industrial and service sectors (primary and secondary economic activities). On the other hand the rural economic structure is waning because of a variety of reasons like: massive river erosion in rural areas (in Bangladesh), fragmentation of cultivation land, erratic monsoon and failure of crops etc.
2. 2 Spatial mobility When the head of the family is employed in any organization in the urban area, it is seen in many cases his family accompanies him there. So this results in movement to urban areas.
2. 3 Educational reasons The premium institutes of higher educations are mainly located in the urban areas. So education results in migration to urban areas. Though on the surface it seems to be a temporary one but after education people don’t want to go back to the villages again and they settle in the urban areas for the lucrative job offers they provide. So the temporary migration becomes a permanent one.
2. 4 Reverse urbanization When the cities grow the adjacent rural areas are gradually embedded in the urban area and form urban agglomerate. In this way though there is no absolute migration from rural to urban areas still it is a case of urbanization.
2. 5 Searching for a better life The people from rural areas migrated to urban areas for having a better life and enjoying the urban facilities like better medical care, sanitation and food supplies, which reduce death rates and cause populations to grow. In many developing countries, it is mainly the rural poverty that drives people from the rural areas into the city in search of employment, food, shelter and education.
Hazards in Urban areas
3. The urbanization is a process and like other process it has got some side effect also. The first process of urbanization started with industrial revolution and afterwards the rate of urbanization increased beyond its capability to sustained especially in Asia, Africa and followed by Latin America. And the process turned into uncontrolled urbanization and creates number of hazards. These hazards can be classified also in the following manner, e. g.
(i)         Technological hazards
(ii)        Natural hazards
(iii)       Human-induced natural hazards
Over population due to migration causes a negative impact on urban development and causes pressure on its infrastructure like public transport, law and order situation, education facilities and health care. This unexpected migrant people create an immense pressure on land, water and life line systems of the urban areas. Most major metropolitan areas face the growing problems of urban slump, loss of natural vegetation and open space, and a general decline in the extent and connectivity of wetlands and wildlife habitat. The increased population creates tremendous pressure on demand and consumption of water. It becomes a challenge to supply drinking water especially in urban areas. The excessive use of ground water makes the ground water level lower in every year and creates the possibility of land slide in urban areas. The sanitation and drainage system are collapsed due to heavy rainfall and poor network system. Everyday as many as 30,000 people die from preventable water- and hygiene-related diseases and the children are most prone to the water borne disease. The urbanization process allows its dwellers to have easy accessibility to health care and proper medicine. But the uncontrolled urbanization creates health hazards due to polluted air, sound, water and as well as crime and lifestyle. Unplanned Urbanization has often had psychosocial consequences such as stress, alienation, instability and insecurity; which, in their turn, have led to problems such as depression and alcohol and drug abuse. The more densely populated and more heterogeneous a community is the more accentuated characteristics can be associated with urbanism. Urbanism causes decrease in per capita, and promotes urban violence, political instability, crime and aggressive behavior. Rapid population growth in urban areas is also responsible for poverty. Another major issue being created by this social problem is the breaking of the traditional family structure.
Social characteristics of urban areas
4. The industrializations and developments caused gigantic migration from rural areas to urban areas. In third world countries the absences of good governance in rural areas and the government urban based development policies driving out the people from rural areas. So the migrations took place from every corner from the country and accommodate them in urban areas. As an example like old part of Dhaka city, earlier the local people (called “Dhakia”) mainly lived there but migration from various corner of the country make the old Dhaka community as a heterogeneous community. And as a result the community has got some special characteristics like:
4. 1 Mixed culture The heterogeneous community is a consist of mix culture which creates lack of understanding and social cohesiveness among the different groups of people in a community. This community of people lives in a small place but don’t have the cooperation among them. This attributes e. g. co-operation and cohesiveness are very common in rural life but rare in urban areas. So during disaster time the urban people are feeling lonely and suffering from depression because of the absence of cooperation among their community.
4. 2 Economical inequality Economy inequality in urban areas one of the most common phenomenon especially in 3rd world countries. It has been found that the rich people being a less number in the community hold the maximum land and properties of the urban area where as being a larger group the poor and middle income group hold the fewer amounts of land and properties. The economical status automatically denoted the specific place for rich and poor people in urban areas. But now a day the rapid migration in urban areas brings the slums and shanty towns more closely to rich areas.
4. 3 Political accessibility The people living in shanty towns or slums have got limited access to political arena. This floating people don’t have any representative who can raise his voice for their demand. Their inaccessibility in political arena and absence of representative made this group more vulnerable and create more depression and isolated from the main stream of the urban development. On the other hand the rich class has got the full accessibility in political power which has ensured all urban facilities in their life. So this difference creates instability and anxiety in the urban society.
4. 4 Aggressive attitude Differences in economic status, inaccessibility in political power as well as urban facilities (utility services like water, electricity and sanitation), education facility, these creates aggressive attitude among the vulnerable group in a society. Thereby for the existence of life the poor people who lived in slums or shanty towns they involve themselves with drug smugglings and trafficking and do crime and violence in the urban areas.
Complexity of Urban disaster management
5. At present world population now moving towards urban areas especially in 3 rd world countries more that at any time. The urban areas are now facing difficulties to ensure the urban facilities for this over population and create uncontrolled urbanization. The uncontrolled urbanization now exposed some complexity which may common to urban areas than rural areas. Because of this complexity the humanitarian agencies faced difficulties especially in urban areas during in emergency response. These complexities are as follows:
5. 1 Political complexity In the urban areas there are numbers of political leaders and their gangs and added with religion and community organizations etc. This formal and informal center of powers were tried to influence the humanitarian agencies relief distributions by trying to co-opt and capitalize on their efforts for their own political advantage. Sometime it has been found the local political leaders participate in relief distribution campaign in urban areas rather than remote rural areas to achieve their political strength among the people. And it disturbs the agencies that responsible for relief distribution and as well the general people who all are waiting long time for arrival of the political leader in distribution point.
5. 2 Frequent Displacement in Urban areas For the survival, the people who all are living in slums or shanty towns they frequently migrated themselves within the periphery of the same urban areas. But it creates difficulties for the humanitarian agencies for their estimation and analyses of damage assessment of a particular place identifying the vulnerable groups in the society. The frequent displacement of vulnerable groups each and every year makes difficult to make a sound disaster management plan as well as during in emergency response phase it makes a crisis in urban areas.
5. 3 Social cohesion The urban areas have got heterogeneous community in the urban areas and this community has got lack of cohesiveness and co-operation among them. Even they have lack of trust and hostile attitude some times. So this community creates more obstacles during disaster management. Their demands are varied among the same community because of their mixed culture and different lifestyle. The humanitarian agencies may face lot of difficulties to fulfill their all demands.
5. 4 Psychological perceptive In the rural areas the community is almost same in pattern, regarding their culture, food pattern and their belief. In the rural areas the living community’s culture generally represents their local culture. For that reason In particular rural area the living community represents similar kind of psychological expression. In case of urban areas, people having different type of cultures and life patterns. It has been found in a particular urban area there may be a number of people or communities from different rural areas having different type of cultures. So it’s generated different type of demands and psychological effects. During disaster these different types of people from different cultures may expose different type of psychological expression or post disaster traumas which may affect the disaster management of the urban areas.
5. 5 Security of the Humanitarian agencies The security part of the humanitarian agencies is more difficult especially while they are relief distributing in slums or the shanty towns. Because people from this locality are more violent and crime ridden than rural areas. The recent looting and violence in Haiti and Chile after the earthquake are the best example of that.
5. 6 Looting after earhtquake Looting was the common and worst situation    in urban areas after any disaster specially earthquake and national power grid failure for long time. This looting was the most uncommon and criminal attitude of a society. Social psychologists accept  that looting is criminal behaviour, and that it is natural when the forces of law and order disappear. They distinguish different types of looting, including:
(i)         Looting of goods needed for survival
(ii)        Opportunistic theft of good such as TV sets
(iii)       Collective action, conditioned by the political environment
Dr. Jason Nier, an expert in social psychology and professor at Connecticut College, explains this behavior with a theory he calls the “psychology of looting. ”
This theory is based in part on the phenomenon of “group dynamics”. People will do things as part of a group that they would never deem appropriate on their own, for example stealing and breaking into stores and private homes. Another related concept is “deindividuation,” which is the concept that people can regress into a kind of Orwellian “groupthink,” allowing them to behave in ways that violate social norms. Being part of a group can diminish feelings of personal responsibility and potentially bring out our basest human instincts. Most compassionate people are likely to forgive the looting of basic necessities like water, food and clothing because sometimes the government cannot do enough fast enough to aid its citizens. But it is the theft of luxury items that causes the most concern and forces the realization that anarchy might be just one natural disaster away.
5. 7 Violence and crime Rapid migration towards urban areas turned the urbanization as an uncontrolled process and breeds violence and crime in urban areas. According to Wayne Cornelius, three propositions were central:
(1) Rural-urban migration breeds economic frustration among migrant populations. The rapid influx of migrants cannot be accommodated by public or private sectors. Mobility expectations are thwarted, and the proximity of conspicuous consumption by elites raises migrant awareness of their marginal role in society. Migrants therefore experience rising relative deprivation, which increases their propensity to engage in radical political activity.
(2)        Migrants have problems adjusting socially and psychologically to the urban environment. Cultural conflicts and the disruption of past living habits and customs cause personal identity crises, which increase the chances of primary group breakdown. Traditional social controls on deviant behavior are thus weakened. In addition, as migrants seek entry into new protective groups, they enter a phase in which they are susceptible to recruitment into extremist political movements.
(3)        Rural-urban migration, increased political awareness, and mobilization of radical opposition go hand in hand. The urban environment allows high levels of social communication and produces intense competition among various interest groups. Organized political activity is conspicuous, which helps politicize migrants and encourages mass involvement in political action. These factors translate into migrant support for opposition political parties and aggressive protest movements.
5. 8 Uncontrolled layout of urban areas It happened mainly in the urban areas of the developing countries those got huge unplanned infrastructure. And that become huge debris in case of earthquake. The land use in urban areas causes filling up the low land which is used as surface water reservoirs. Again the enormous pressure of living population caused the groundwater level down which cause a problem to manage the drinking water source during emergency phase in urban areas. The unplanned streets, roads and insufficient of airports also cause a major obstacle in emergency phase especially during earthquake disaster.
5. 9 Absence of good governance and Public accountability The absence of good governance and public accountability can’t ensure a sustainable urban society and sound disaster management plan. The unsustainable urban society doesn’t have the capability to reduce the vulnerability and thereby causes huge damage of lives and properties during disaster.
Lessons from Haiti and Chile Earthquake
6. There is saying “Wise man learnt from others mistake”. So each and every disaster on this earth is a scope for others to learn the lessons out of the mistakes which are cause for the disaster. The recent earthquake in Haiti and Chile shows us many challenges which were faced by the humanitarian agencies during emergency phase.
Haiti Earthquake
6. 1 On January 12 2010, just before 17:00, an earthquake of magnitude 7. 3 on the Richter scale shook Haiti for 35 seconds. It was the most powerful earthquake to hit the country in 200 years. The earthquake has created an unprecedented situation, affecting the country’s most populous area as well as its economic and administrative centre. Around 1. 5 million people, representing 15% of the population, have been directly affected. Over 220,000 people lost their lives and over 300,000 were injured. There has been massive infrastructure destruction. Some 105,000 homes have been completely destroyed and more than 208,000 damaged. Over 1,300 educational establishments, and over 50 hospitals and health centers, have collapsed or are unusable. Part of the country’s main port is not operational. The President’s Palace, Parliament, the Law Courts, and most of the Ministry and public administration buildings have been destroyed. After the earthquake in Haiti the following problems were arises which made the humanitarian agencies job more difficult in emergency phase.
6. 1. 1 Political complexity The recent earthquake in Haiti’s capital city Port au Prince, the humanitarian agencies faced difficulties while distributing the relief material to the victims. In the city there were numbers of political leaders and their gangs and added with churches and community organizations etc. This formal and informal center of powers were tried to influence the humanitarian agencies relief distributions by trying to co-opt and capitalize on their efforts for their own political advantage.
6. 1. 2 Law and Order The structure of government and law and order all but disappeared in the days following the quake. But on the ground some Haitians were trying to fill the power vacuum and implement their own self-help operation, encouraged by the city’s Radio Metropole, which urged residents: “Organise neighbourhood committees to avoid chaos and prevent people looting shops and houses”. The security situation worsened when the collapse of Port-au-Prince’s main prison left 4,000 convicts free to escape. The humanitaraian agencies couldn’t distributed relief many parts of the city due to security reason as the Haitian law and order force were totally diapperad few days. And frastrated Haitian people are involve with looting and criminals activities in almost everywhere. Even in Chile also having a difficult time maintaining law and order after the earthquake stroke . The curfew there has been extended as troops struggled to contain outbreaks of looting after the earthquake. Dozens of people were arrested after fighting over goods and setting fire to a department store. This prompted many law-abiding citizens to arm themselves and take to the streets, in order to protect their businesses and homes. On March 1, 2010, police resorted to firing tear gas into crowds of looters, and the governor of Conception province reported that 55 people were arrested in one night for violating the law.
6. 1. 3 Lack of water supply Before earthquake, most of the people of Haiti’s capital city of Port Au prince was mainly depended on water from a huge underground natural reservoir delivered by truckers. But many of the drivers became scared to deliver supplies after a number of them were attacked as they drove into the city after earthquake. The shortage of water remains the gravest problem. People have been walking the streets carrying empty plastic bottles gathering water from broken pipes and gutters. The city’s supplies dried up following the rupture of the municipal pipeline. Actually the urban areas has got big infrastructure for water supply facilities serving its hundreds of thousands of urban inhabitants. So when the system collapse due to disaster it becomes more difficult for the humanitarian agencies to supply this huge amount of potable water to the affected people of Haiti’s capital city of Port Au prince.
 
6. 1. 4 Fluidity The migrated population in Haitian capital city of Port au Prince was not stable in any time. The humanitarian agency workers who works under Oxfam said that “When we tried to identify ‘beneficiaries’ in shanty towns after flooding in a previous Haitian disaster, the faces were different the next time we went back to hand out emergency relief “. Thereby during emergency response phase the humanitarian agencies faced difficulties distributing the relief materials.
 
6. 1. 5 Good governance and public accountability The country was experiencing political stability in a fragile socio-political context. The President did not have a parliamentary majority. There were few legislative achievements. The Assembly and one third of the Senate were due to be renewed on February 28, 2010. Parties’ political bases were weak. The Provisional Electoral Council (CEP) was considered by the majority of MPs and political parties to be aligned with the Executive. Civil society was fragmented and its impact on the political scene weak. The constitutional institutions of 1987 had never been fully implemented. As a result the other government institutions were not workable before the earthquake. The environmental laws are not formed up and implemented. They don’t have any disaster management plan to face the disaster by themselves. Because of absence of order relating to the land tenure system. The non-application of the provisions of the law of 29 May 1963 had led to uncontrolled urban growth and sprawl at the expense of agricultural land. Thereby the Haitian capital city of Port au Prince becomes an unplanned and uncontrolled urban area.
Chile Earthquake
6. 2 On 27 February 2010, at approximately 3. 35 a. m. local time, an earthquake of magnitude 8. 8 struck the country of Chile. The epicenter was located 63 kilometers southeast of Cauquenes in the region of Maule (406 kilometers south from Santiago). As a consequence, the tsunami which was generated affected a coastal strip of more than 500 kilometers. There have been more than 128 aftershocks causing extensive damages throughout the region. Reports indicate over 700 deaths. Approximately 1. 5 million people have been affected and thousands have lost their homes and livelihoods.
6. 2. 1 Earthquake exposed chasm in Chile Overall damage comparison to Magnitude and intensity the Chile has suffered less than Haiti. But considering the damage of Concepción, the 2nd largest city of Chile itself alone exposed the chasm in their urban areas. After the earthquake the Chilean Government was late to send the relief material in affected areas in time. Which lead the general mass to loot the essential items from the supermarkets and Which is being made by the Chilean media as a “looting” in Concepción and other cities. The speed with which the government sent troops to occupy Concepción and recovery the looting items contrasts with the repeated delays in sending material aid. In the face of widespread discontent, the massive use of troops in conjunction with a hysterical media campaign against “looters” was aimed at suppressing social unrest and polarizing public opinion against the very victims of the earthquake.
6. 2. 2 The social fault lines The social fault line exposed by the earthquake have been deepened by decades of “free market” policies, first introduced by the Pinochet dictatorship and continued by subsequent regimes, which have exacerbated the chasm separating Chile’s elite from the majority of the population. Notwithstanding the talk in the US media of rigorous building codes, regulations designed to protect against earthquakes were enforced selectively and on a class basis, i. e. , for the homes and businesses of the wealthy, not for the dwellings and neighborhoods of the working class and the poor. The shoddily built homes of the poor collapsed or were washed out to sea, while those of the rich withstood the impact of the quake.
6. 2. 3 Good governance and public accountability Poll taken by the Santiago daily el Mercurio revealed growing anger among the population. Sixty percent of Chileans were critical of the government’s response. Sixty-six percent blame construction companies for shoddy building practices. Despite an intensive media campaign to demonize so-called “looters,” 26 percent of the respondents thought they were justified, given the circumstances. Throughout the week the capitalist media, inside and outside Chile, gave exaggerated accounts of looting and vandalism, condemning in most cases the acts of desperate and hungry working class families. Last of all anger is mounting in Chile over the inadequacy and indifference that have characterized the government’s response to the earthquake.
The way out
7. The emergency response in urban areas is critical in nature comparison to rural areas. The migration caused over population in the cities. As an example in Dhaka city every year 5 lakhs new arrival added with the urban population and going back rate is very less than the arrival rate. This migration process made the city growing in an unplanned way. As a result the whole city almost becomes a vulnerable place for all. In many ways the cities are self-feeding monsters, perpetuating their own growth in some selected areas by devouring the country’s resources. Dhaka perhaps controls about 70% of the country’s money supply. Of the country’s capital investment, more than 60 percent is invested in Dhaka and Chittagong. Most of the other cities and the vast rural landscape remain brazenly neglected. The present urban conditions can easily breed frustration, which may spawn social violence and during disaster it may have horrific impact on overall disaster management system. It is crystal clear to all that unplanned migration causes the uncontrolled urbanization. And the uncontrolled urbanization process causes for the other related matters like socio-economy problem, creation of unhygienic   slum and shanty town and it damage entire urban system. And for the solution we have to stop the unexpected migration towards urban areas or cities. The government must change its development policies and to strengthen the local government system to stop the migration.
 
7. 1 Gaps in Planning, policy and legal framework The challenges which are faced by the humanitarian agencies in Haiti and Chile during emergency response. The reason behind that is the output of an uncontrolled urbanization and lack of good governance. In Dhaka we may face the same challenges unless we are changing the following gaps of the government policies, planning and strong the legal framework for that.
 
7. 1. 1 Development policies Shockingly, the past governments in the last two decades hardly took any measures to create growth centers beyond the city limits. In many ways the cities are self-feeding monsters, perpetuating their own growth in some selected areas by devouring the country’s resources. Dhaka perhaps controls about 70% of the country’s money supply. Of the country’s capital investment, more than 60 percent is invested in Dhaka and Chittagong.   Most of the other cities and the vast rural landscape remain brazenly neglected. This discrimination, even after construction of the Jamuna Bridge, connecting Dhaka and Chittagong with North Bengal, continues to create a great imbalance in income generation of the districts. This sort of pathetic neglect has given rise to tensions and mounting discontent that tend to be devil the good works done in some selected areas. All told, this unrelenting exodus to cities can hardly be stopped, even by draconian measures, because of the condition of the rural surrounding remain much neglected.                       Dr. Sarwar Jahan, professor and head of URP department, Buet, in a recent interview with Prothom Alo, stressed the need for stopping migration to Dhaka city to save the city from the all-pervading squalor and chaos. This can only be realized by implementing the proposed “one house, one farm” policy in rural Bangladesh.
 
7. 1. 2 Strengthen the Local constitution system The GOB (Government of Bangladesh)            should strengthen the local constitution system to introduce the good governance system in rural areas. The upazilla chairman must have given the full authority and executive power to develop his areas. He must be sanctioned a good amount of money from development fund for his locality. This will create more job opportunity and sustainable rural environment. And it will have a great impact to stop the migration towards urban areas.
7. 1. 3 Controlled UrbanizationWhen the migration Process is under controlled it allows the government to go for a planned urban city. But it needs the coordinated function among all relevant ministries or the agencies of the government who all are responsible for the city development. But at present the special agencies for urban development, which are involved in Dhaka, are the Rajdhani Unnayan Kartripakhya (RAJUK), the Dhaka Water and Sewerage Authority (DWASA), the Dhaka Electric Supply Authority (DESA), the Dhaka Metropolitan police (DMP), and the Cantonment Board (CB) at present they don’t maintain this coordination among them. So it will be more difficult during disaster to have this coordination among them. The Rajdhani Unnayan Kartripakhya (RAJUK) for Dhaka city is working for the development and planning. But it couldn’t play a significant role because of corruption and negligence in management. Singapore’s vaunted cleanliness was achieved by effective administrative action. To discard a cigarette stub or chewing gum on the street is to invite a heavy fine. We have the law but we don’t maintain it.
7. 1. 4 Political Stability A democratic political environment, which can accelerate the development of the urban area itself, must be established by the government. The good governance and people accountability makes all the government tools active and responsible for their duties. The government should have the better coordination among all the NGOs and other humanitarian agencies regarding disaster management issue. Government should ensure that no political interference should hamper the humanitarian agencies activities during emergency response phase in urban areas.
7. 1. 5 Decentralization of DM Control and Structures The disaster management system mainly control by National Disaster Management Council (NDMC) headed by prime minister with supporting of Disaster Management Bureau (DMB). Its all supporting elements and governing body members maximum are positioned in capital city Dhaka. Other than the AFD which included its 3 defense forces which are deployed in various locations in the country having a decentralized system among them in terms of men and equipments. If the earthquake occurs in Dhaka city the whole disaster management system will be crushed as all government’s controlling system are located in same place. As an example in Pakistan earthquake in October 8, 2005 in Pakistani administered Kashmir (Pak) cause a huge damage of life and properties. The government official who all are responsible for disaster management couldn’t not found because many of them dead or injured. In the same province 10,000 military personal were dead even though it didn’t affect that much for the defense force. Within the short period of time the military personal from other garrison took over the control and responsibility of that affected places. So the government should decentralize the control and supporting elements of disaster management system taking a note that the Dhaka and other cities are located in earthquake zone.
7. 1. 6 The coordination between policies and ministries The Dhaka city is mainly depended on ground water and it the level of water is decreasing in every year. The water policy of GOB has forbidden to use ground water and advised to depend on surface water but in urban areas it doesn’t followed by the government others agencies who all are responsible for supplying water. On the other hand the real estate companies are filled up all available surface water reservoirs and low lands on the name of city development. And thereby there will be a huge scarcity of drinking water before any disaster occurred or during   emergency response phase as well. So Government should coordinate among its all agencies and ministry to maintain its policies.
7. 2 Co-ordination between Government and Humanitarian agencies The government needs coordination with NGO’s to select the places and relief items for distribution in emergency phase in urban areas. When the roads and airports of Haiti’s capital port Au Prince was destroyed the humanitarian agencies and UN agencies they started airdrop the relief material in several places. But it couldn’t satisfy the local people demand as it was unplanned. So the NGO’s need a contingency plan inter link with government in urban areas for dropping the relief materials as per the pre designated responsible areas beforehand.
7. 3 Co-ordination between Military and Humanitarian agencies Military institutions place a high value on command and control, top-down hierarchical organization structures and clear lines of authority, discipline and accountability. They place great value on logistics and substantial resources are dedicated to the acquisition of assets and training of personnel to ensure that they can function independently under the most adverse circumstances. The military’s approach to problem solving is generally directive and coercive. Humanitarian organizations are less hierarchical and more participatory in their style of decision making and operations than the military. They pay more attention to the process by which they accomplish operations, partly because they attach more importance to long-term impacts, but have fewer back-up resources and engage in less contingency planning to ensure that short-term objectives can be met quickly. Thus the military short-term, non-participatory approach is often a source of operation tension with the civilian agencies engaged in similar activities informed by consideration of development. So overcome this problem the government should arrange some mob demo in urban areas or arrange seminar to understand and find out a better solution for joint operational method during in emergency phase.
7. 4 Due attention to enhance the social cohesiveness The heterogeneous communities in urban areas should share their views and ideas and enhance the cooperation among them. This can be done through government agencies like social welfare ministry, local NGO’s. The print and electronic media can play a vital role on that issue. The members of civil society can play their important role for enhancing the unity among the heterogeneous communities.
7. 5 The need for network for urban disaster management in emergency phaseThe Dhaka city is a place for a poor and rich people. This city is mixed of different classes of people basing on their culture and economic status. During disaster it has been found people in urban areas having less cooperation than in rural areas. And this lack of cooperation and cohesiveness create more difficulties during disaster. To minimize this problem the urban area like Dhaka city need a social network, which will connect them in a same line? This can be done in following ways-
(1)        The education policy must be changed and it has to be same nature for all class of people.
(2)        Form the primary level the children must have learnt the need of cooperation and cohesiveness during disaster.
(3)        The community must have arranged a programme where they can share and changed their views.
(4)        The religion center and respected person in a society like Imam, Priest, other religion and Political leaders or teachers must play a role to make a network among all people to understand the necessity of unity.
(5)        The modern technology like local radio in urban areas can plays a vital role to arrange the disaster related interviews of people from different classes and occupation. Arranging cultural programme of different groups of the people living in the same urban society. This local radio can also play a vital role to united all the people of different classes during disaster and give necessary advice regarding don’t and do’s. As an example when the structure of the Haitian Government and law and order in Haiti all but disappeared in the days following the quake. But on the ground some Haitian were trying to fill the power vacuum and implement their own self-help operation, encouraged by the city’s radio Metropole, which urged residence:”Organize neighborhood committees to avoid chaos and prevent people looting shops and houses”
(6)        Print and electronic media can play a vital role in the same way
(7)        The communication sector like land phone or cell phone company can enhance the awareness among the urban people regarding their own responsibility as well as their rights from the government.
Conclusion
8. The Urbanization process is rapidly increasing due to industrialization revaluation. But it turned the process as an uncontrolled because of wrong development policies of the government. As a result it creates lot of difficulties in urban areas and during disaster it becomes the major obstacle for the humanitarian agencies. The challenges which are faced by the humanitarian agencies during emergency response phase in urban areas these are not common in rural areas. And migration is one of the root causes of these difficulties. The absence of rural development causes people to move in urban areas. The local government system still not strong enough for carry out development process with poor allocation of rural development budget.
The GOB has formulated a workable plan for disaster management from national level to local government level up to union. But this plan needs massive coordination among government different ministries as well as with NGOs and humanitarian agencies. Besides that government needs to strong his local constitution to enhance the capability of local government which includes the urban areas also. The lessons from recent earthquake in Haiti and Chile gave us the real picture of a disaster in urban areas, where the humanitarian agencies faced number of challenges in emergency response phase. This can lesson learnt for us as we have almost same scenario in city like Dhaka and Chittagong. So minimize the difficulties for the humanitarian agencies as well as for the people, the government policies have to be corrected and massive coordination has to be done within government’s different ministries as well as with the NGO’s. The help of social elements and modern technology should be applied to create an urban network for enhancing cooperation and cohesiveness among the different groups of people.
 

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Ashique hasan -
About the Author:The Author is a military professional (Major) and presently serving under Bangladesh Army, he is experienced on emergency response operations during natural disaster . He is also expert on crisis management.   He served under UN peacekeeping mission in CONGO (DRC). He has completed Masters Degree on Disaster Management from BRAC University a renowned NGO based University in Bangladesh.

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The Fall of the Family

Friday, May 27th, 2011

The Fall of the Family

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The Fall of the Family

By: The Islam Show
Posted: Feb 16, 2011

Abdal Wadod Shalabi has remarked that a society only becomes truly decadent when “decadence” as a principle is never referred to in public debate. Prior generations of Muslims and Christians were forever fretting about their own unworthiness when measured against past golden ages of goodness and sanctity. But in our self-satisfied era, to invoke the idea of decadence is to invite accusations of a retrograde romanticism: it is itself perceived, perversely enough, as decadence.
Muslims looking at the West with a critical but compassionate eye are often disturbed by this absence of old-fashioned self-scrutiny. We note that no longer does the dominant culture avert complacency through reference to past moral and cultural excellence; rather, the paradigm to which conformity is now required is that of the ever-shifting liberal consensus. In this ambitiously inverted world, it is the future that is to serve as the model, never anything in the past. In fact, no truly outrageous (“blasphemous”) discourse remains possible in modern societies, except that which violates the totalising liberalism supposedly generated by autonomous popular consent, but which is often in reality manufactured by the small, often personally immoral but nonetheless ideologised elites who dominate the media and sculpt public opinion into increasingly bizarre and unprecedented shapes.
The debate over the status of the family lies at the heart of the present ideological collision between the bloated but “decadent” North and the progressively impoverished South, a collision in the midst of which our community is attempting to define itself and to survive. This culture clash is so vital to the self-perception of each side that it is now all but inescapable. It seems that each time we switch on our televisions and sit back, we must observe northern prejudice and insecurity being massaged by an endless, earnest-humane diet of documentaries about the ills of the rigidly family-centred Third World, and the wicked reluctance of its peoples to conform to the social doctrines of the liberal democracies.
To the average Westerner this one-way polemic seems satisfying and unarguable, confirming as it does assumptions of superiority which allay his nervousness about problems in his own society. It shapes the public opinion that goes on to acquiesce in the liquidation of Palestinians, Bosnians or Chechens with only the mildest (but self-righteously proclaimed) twinges of guilt. In fact, it is hard to resist the conclusion that the social doctrines of the modern West have been forged into the imperial ideologies of the closing years of the century, as polemicists use orthodox feminism and homosexualism as the perfect sticks with which to beat the Third World. A hundred years ago, white Christians interfered with everyone else for the sake of theological dogma and commerce; now they do so for reasons of social dogma and commerce. But the underlying attitude of contempt has remained essentially unchanged.
Muslims living in the West are perched in an interesting vantage point on this question. While many Islamic theologians have written on the “westernisation process” in the Muslim world and its nefarious effects on family life, the reality, as some of them have noted, is that this process is being championed by obsolete secular elites whose cultural formation was the achievement of the old imperial powers. The family lifestyle of the average secular Syrian or Turk is not that of a modern European, despite his outraged claims to the contrary. His clothes, furnishings, marriage rituals, and most details of life are more redolent of the 1940s and 1950s than of the present realities of Western existence. And so the mainstream Muslim debate on changes in the family, led by such thinkers as Anwar al-Jindi and Rasim Ozdenoren, tends to be of only slight relevance to our situation here in the heartlands of the “liberated” West.
As we attempt to theorise about our own condition, we are at once confronted by the irony that the country to which many of us migrated no longer exists. Back in the 1950s and early 1960s, British family values were still recognisably derived from a great religious tradition rooted in the family-nurturing Abrahamic soil. While the doctrinal debates between Islam and Christianity remained sharp, the moral and social assumptions of the “guest-workers” and their “hosts” were in most respects reassuringly and productively similar.
That overlap has now almost gone. Even the Churches no longer claim to be the coherent and convincing voices of absolute moral truths, as an increasingly spongelike rock of ages finds itself scoured and reshaped by the libertarian sandstorm. Cardinal Hume, the usually clear-headed spokesman of Britain’s Catholics, has recently made conciliatory remarks about homophilia; while an Anglican bishop, resplendent in tight jeans and leather jacket, has openly announced his relationship with another man.
So far from representing family values to their flock, 200 out of 900 London priests are said to subscribe to homosexual tendencies. The number of Christian and Jewish organisations and individuals eloquently singing the virtues of Sodom seems set to rise and rise, cheered on by the secularists, until the remaining voices of tradition are finally shouted down.
All this means that the Muslim community, already marginalised in terms of class, race, and economics, now has to confront a further and potentially far more drastic form of alienation. As newcomers who are the sole defenders of values, which would be recognised as legitimate by earlier generations of Britons, we are in a disorienting position.
The temptation to panic, to retreat into factions and cults, which excoriate the wider world as impure and evil, will claim many of us. Already such movements are making headway on the campuses. But such a sterile and facile temptation should be resisted, and, if our faith is really as strong as we and our detractors like to believe, it can be resisted easily and in favour of a far more mature and fruitful grasp of our relationship with the “host community”.
But a strategy for the articulation of such a stance must be grounded in the knowledge that Muslim traditionalism does not appeal to the sort of comforting essentialist “metanarrative” whose claims to objective truth are less important than its status as a definer of cultural identity. Such has been the emergent error of the twentieth-century’s rival essentialisms, particularly nationalism and fascism; and it is all too often the error of Muslim activists whose alertness to spiritual realities is subordinated to, or even replaced by, the quest for the pseudo-spiritual solace of authenticity.
The narrative of Muslim civilisation, inspirational for the Muslim Brotherhood and neo-Ottoman revivalists until the 1970s, has suddenly given way to the utopian narrative of “the Salaf”, on the problematic claim that the Salaf followed a consistent school of thought; but among the adherents of neither position do we find an immediate and responsive type of faith that yields, as true faith must, an ethic rooted in compassion and concern rather than a chronic obsession with purity.
What this means is that unless Muslims in Britain can counteract the impoverishing and exclusivist “ideologising” of Islam that has taken place in some Muslim countries, and return to an image of the faith as rooted in immediate and sincere concern for human welfare under a compassionate God, we will continue to fail to contribute to the national debate on this or any other question of real moment. It is not enough for the exclusivists to shrug, “But who cares what the unbelievers think”. For Muslims are directed by the Quran to be an example to others. We cannot be an example, or successfully convey the message that God has revealed, if we hide in cultural ghettoes and act abrasively and arrogantly towards those we take such exquisite pleasure in considering beyond the pale. Instead, we must take the more difficult path of understanding the real dilemmas of this society, and then the even more difficult one of gently suggesting a remedy that may be of real assistance.
The time for such an advocacy is now. In recent weeks, several religious figures in Britain have offered their thoughts, often anguished, generally cogent, on the tragedy of the progressive decay of the family. The Bishop of Liverpool and the Chief Rabbi have both summarised the process with the usual statistics: 34% of British children are now born outside wedlock; a similar proportion of adults suffer the heartbreak of divorce; within twenty years fewer than half of the nation’s children will be brought up by their own two parents; and so on.
Few doubt the practical catastrophes which ensue: in the United States, it is said that over half of prison inmates are from broken homes, while men and women are known to suffer deep psychological harm from parental divorce even in middle life or old age. Sheppard and Sacks lament together that in a rapidly-changing world where the family haven has never been more needed by children and adults alike, it should have been wrecked by that most basic of all sins: selfishness. Nobody likes making a sacrifice: bowing at the idol of personal freedom we all shout for our rights and chafe under our duties. The lesson is irritating but clear: the Thatcherite egocentrism which posed as the apotheosis of Adam Smith’s advocacy of competitive self-interest as the key to collective social advancement is claiming so many casualties as to endanger the whole undertaking. Greed creates rich men and happy Chancellors, but it now appears to come at a long-term price. Gigantic social and economic bills are now rolling in for extra policing, prisons, social workers and a growing blizzard of DHSS cheques. The socialist revolution has already failed; it seems that capitalism too may ultimately choke on its own contradictions.
So far, so good. It is unarguable, and not just to religious people, that greed has been a culprit. And yet the pleas for a return to selflessness have been heard so often in past ages, and with so little manifest effect, that they cannot be seen as holding out a believably sufficient solution. If religions are truly to have the capacity to overcome the worst consequences of human sinfulness then they must acknowledge that simple appeals to “be good” rarely have much impact, and must be accompanied by a practicable paradigm for reform. Neither the bishop nor the rabbi seem to have much to offer that is practical and concrete; which is perhaps why they have been tolerated and even platformed by politicians and the liberal media. But as Muslims, possessed of a religious dispensation granted through an intermediary whose status as “a mercy to the nations” was manifested in a concrete social as well as moral programme, we know that the present plight of society will never be reformed through homiletics. Structural changes are called for as well: and, given the gravity of the problem, we should not be surprised to learn that they can be painful.

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Hardly less obvious than the causes of family decline are the reasons why establishment ideologues refuse to recognise them. The politicians are the most flagrant instance: last week’s sorry resignation by Social Charter minister Robert Hughes in order to “repair his marriage” after an illicit fling is simply the latest in a string of by now frankly boring incidents which show the political establishment (and not even the moralising Mr Ashdown, the leader of the UK Liberal Democrat Party, has been immune) as largely incapable of leading a moral life. And yet tucked away in the office of every MP are all the clues we need. There before his desk, adding spice to his every tedious letterwriting moment, is that anarchic presence which unless he is very buttoned up indeed may prove his undoing. The number of MPs who have secretaries as second wives is second only to the number with surreptitious concubines. Only aberrant idiocy – or complaisance – can ignore the fact that if a politician, charged with that eroticism which power seems to generate, works late hours with a member of the opposite sex, a conflagration is probable rather than possible. Under such conditions the system offers no protection whatsoever for suffering children and spouses, who will be traumatised even to the point of suicide. Again, the disastrous notion that individual rights take precedence over the rights of the family has resulted in degradation for both.
But politics is merely the most notorious example of an environment in which, as the Iranians say, “fire dwelleth with cotton”. As the current anguished debate over sexual harrassment reveals, there remains hardly a public space into which private desires do not obtrude. Never before has there been a society in which men and women mingle so casually, and where the radically increased opportunity for temptation and unfaithfulness is so patent that even the most anti-moralising journalist, politician or social strategist must see it.
In Tom Wolfe’s popular novel Bonfire of the Vanities, a young financier commits adultery, destroying his wife and daughter, simply because New York is a city “drowning in concupiscence” and he is its child. It is not simply the routine mixing of the sexes that brings about his downfall. Everywhere his eyes wander he sees advertising, pornography, news stories and squeezy fashions that grasp at him and shout aloud the charm of duty-free sex. Wolfe’s adulterer is an ordinary, not a fundamentally evil man: he is simply living in a world in which most human beings cannot behave responsibly.
New York is not yet London – but the Atlantic grows narrower all the time, and the eroticising of the public space has become part of our culture. Middle-aged men with middle-aged wives once had little to tempt them, short of an unhealthy adventure with a Piccadilly tart. Now, with a superabundance of flesh reminding them painfully at every turn of what they are missing, they are unlikely to remain loyal unless they are either stupid, or belong to that category of powerfully moral human beings which always has been and always will be a minority.
A radical diagnosis, although obvious enough: but is there a cure? Islam recognises as a major misdemeanour a crime unimaginable in the West: khalwa, or “illegitimate seclusion”. Moral disasters always have preludes; Islam seeks to reduce the social matrix in which such preludes can occur. Thus our commitment to single-sex education. Not for us the absurd desperation of the Clackmannan headmaster who last month introduced the rule that boy and girl pupils may not be closer than six inches from each other, because ’spring is in the air. ” But schools are the merest starting-point. The workplace, too, while not obstructing female advancement, should ensure that the rights of spouses are protected by denying all possibility of illegitimate seclusion in the office. Politicians and business people who insist on employing a personal assistant of the opposite sex should explain their reasons. Pornography and sub-pornographic advertising should be carefully censored as intolerably demeaning and as an incitement to marital infidelity, the task of censorship being entrusted to those feminists who so rightly object to such portrayals of their sex.
The tragedy for Britain is, of course, that this remedy, while as self-evidently worth implementing as the sex drive itself, will be brushed aside with amazement and scorn by passing journalists and politicians. Convinced that Islam implies discrimination by its policy of gender separation, and privately depressed by the prospect of diminished sexual interest at work, the same liberal establishment which bewails the fragility of modern relationships will continue to encourage and live in the public environment which is at the root of the problem. But Islam by its very nature takes the long view, and we should not be disheartened. The process of family collapse is proving so radical in its economic and human consequences that the time must ultimately come when the decadence will be recognised for what it is and radical solutions will be considered. Then, quite possibly, the principled Muslim conservatism that is so derided today will come into its own.
The secular mind may be too witless to notice, but to religious people the New Social Doctrines are fast acquiring the look of a new religion. The twentieth century’s great liberationisms often feel like powerful sublimations of the religious drive, as the innate yearning for freedom from worldly ties and the straitjacket of the self becomes strangely transmuted into a great convulsion against restrictions on personal freedom.
In this sense, the politically-correct West is an intensely religious society. It has its dogmas and theologians, its saints, martyrs and missionaries, and, with the arrival of speech-codes on American campuses, a well-developed theory of the suppression of blasphemy.
Some have mused that all this is necessary, and that human beings need certainties and causes, and that without an orthodoxy to hold itself together the West would rapidly unravel and turn to lawlessness. But the trouble is that the new doctrines, which are now enshrined in legislation, school curricula and broadcasting guidelines, do not make up either an authentic new religion, or even a sustainable substitute for one. For religious morality, whether Muslim, Christian, Buddhist or Eskimo, holds society together with the idea that personal fulfilment is attained through the honourable discharge of duties. The West’s new religion, in absolute contrast, teaches that it comes about through the enjoyment of rights.
Given the extremism of this inversion, it is not surprising that the societies which it affects should be running into difficulties. To paraphrase Conor Cruise O”Brien, the trouble with secular social medicines is that the more they are applied, the sicker the patient seems to become. It is certainly a blasphemy today to suggest that the new orthodoxies have worsened our social ills rather than bringing us into a shining and liberated utopia – but this is what has happened. And yet the pseudo-religion is still powerful enough to ensure that the notions which have presided over such destruction may not be subject to criticism in polite society. Muslims are perhaps the only people left who do not care for such politeness.
One of the most characteristic liberationisms of this century has been feminism. Divided into a myriad tendencies, some cautious and reasoned, others wandering into unimaginable territories of witchcraft and lesbianism, this is a movement about which few generalisations can be made. But perhaps a good place to start is the observation that women were the major though unintended victims of both Victorian pre-feminist and late twentieth-century feminist values. The disabilities suffered by wives in traditional Christian cultures, which denied that they even existed as financial or legal entities distinct from their husbands, may have been accepted without demur by most of them; but real injustice and suffering was caused to those for whom the social supports were cut away, and who found themselves in need of an independent existence. The feminism of the suffragettes was thus a real quest for justice. It moved Western society away from Christian tradition, and towards the Islamic norm in which a woman is always a separate legal entity even after marriage, retaining her property, surname, inheritance rights, and the right to initiate legal proceedings.
What Muslims are less happy about is the new feminism of the past three decades, the militantly ideologised world-view of Friedan, Greer and Daly. These thinkers initiated a new phase by attacking not only structural unfairnesses in society, but the most fundamental assumptions about male and female identity. “Until the myth of the maternal instinct is abolished, women will continue to be subjugated”, wrote Simone de Beauvoir; and similar noises could be heard from the new feminists everywhere. In this view, the traditional association of femaleness with femineity and maleness with manhood was biologically and morally meaningless, and was to be attacked as the underpinning of the whole traditional edifice of “patriarchy”.
At this point, people of Muslim faith have to jump ship. The Qur’an and our entire theological tradition are rooted in the awareness that the two sexes are part of the inherent polarity of the cosmos. Everything in creation has been set up in pairs, we believe; and it is this magnetic relationship between alternate principles, which brings movement and value into the world. Like the ancient Chinese, with their division of the 1,001 Things into Yin and Yang, the Muslims, naming phenomena with the gender-specific Arabic of revelation, know that gender is not convention but principle, not simple biology – but metaphysics.
Allah has ninety-nine names. Some are Names of Majesty: such as the Compeller, the Overwhelming, and the Avenger. Others are Names of Beauty: the Gentle, the Forgiving, the Loving-Kind. The former category are broadly associated with male virtues, and the latter with female ones. But as all are God’s perfect Names, and equally manifest the divine perfection, neither set is superior. And the Divine Essence to which they all resolve transcends gender. Islam has no truck with the hazardous Christian notion that God is male (the “Father”), an assumption that has been invoked to justify traditional Western notions of the objective superiority of the male principle.
Islam’s position is thus a balanced one. Metaphysically, the male and female principles are equal. It is through their interaction that phenomena appear: all creation is thus in a sense procreation. But justice is not necessarily served by attempting to establish a simple parity between the principles in society “here-below”. The divine names have distinct vocations; and human gender differentiation was created for more than simple genetic convenience. Both man and woman are God’s khalifas on earth; but in manifesting complementary aspects of the divine perfection their “ministries” differ in key respects.
Islam’s awareness that when human nature (fitrah) is cultivated rather than suppressed, men and women will incline to different spheres of activity is of course one which provokes howls of protest from liberals: for them it is a classic case of blasphemy. But even in the primitive biological and utilitarian terms which are the liberals” reference, the case for absolute identity of vocation is highly problematic. However heavily society may brainwash women into seeking absolute parity, it cannot ignore the reality that they have babies, and have a tendency to enjoy looking after them. Those courageous enough to leave their careers while their children are small increasingly have to put up with accusations of blasphemy and heresy from society; but they persist in their belief, outrageous to the secular mind, that mothers bring up children better than childminders, that breast milk is better than formula milk, and even – this as the ultimate heresy – that bringing up a child can be more satisfying than trading bonds or driving buses.
There are already signs that women are rebelling against the feminist orthodoxy that demands an absolute parity of function with men, and that “dropping out” to look after a child is less outrageous in the minds of many educated women than the media might suggest. But much real damage has been done. The campaign to turn fathers into nurturers and house-husbands shows little sign of success; and many houses have become more like dormitories than homes. Mealtimes are desultory, tin-opening affairs; both parents are too exhausted to spend “quality time” with active children; and the sense of belonging to the house and to each other is sadly attenuated. By the time children leave home, they feel they are not leaving very much.
In such a dismal context, dissolution is almost logical. The stress of the two-career family is greater than many normal people can manage. Increased income and (for some) pleasure at work are poor compensations for the increased scope for fatigue and dispute. Deprived of the woman’s gift for warming a house, both husband and children are made less secure. The overlap in functions provides endless room for argument. And when the dissolution comes, it is almost always the woman who suffers most. As an ageing lone parent, she finds that society has little interest in her. She has joined the new class of “wives of the state”.
The state, luckily, can afford to be a polygamist. The social unravelment of modern Britain has coincided with a massive augmentation of tax revenue. As long as the rate of social collapse does not outstrip the annual growth in GDP there is little for politicians to worry about. And yet the fate of literally millions of single families is a harsh one. The case for traditional single-income families, in which women are permitted to celebrate rather than suppress their nurturing genius, is increasingly looking more moral than the liberals have guessed.
But the feminists are not the only moths to have been gnawing the social fabric. There are others, some of them even more radical. The most strident are the homosexualists, the curious but always repulsive ideologues who are forcing on the population a dogma whose consequences for the family are already proving lethal.
As with feminism, the theological case against homosexuality is related to our understanding of the “dyadic” nature of creation. Human sexuality is an incarnation of the divinely-willed polarity of the cosmos. Male and female are complementary principles, and sexuality is their sacramental and fecund reconciliation. Sexual activity between members of the same sex is therefore the most extreme of all possible violations of the natural order. Its biological sterility is the sign of its metaphysical failure to honour the basic duality which God has used as the warp and woof of the world.
It is true, nonetheless, that the homosexual drive remains poorly understood. It appears as the definitive argument against Darwinism’s hypothesis of the systematic elimination over time of anti-reproductive traits. In some cultures it is extremely rare: Wilfred Thesiger records that in the course of his long wanderings with the Arabian Bedouins he never encountered the slightest indication of the practice. In other societies, particularly modern urban cultures, it is very widespread. Theories abound as to why this should be so: some researchers speculate that in overpopulated communities the tendency represents Nature’s own technique of population control. Laboratory rats, we are told, will remain resolutely heterosexual until disturbed by bright lights, loud noises, and extreme overcrowding. Other scientists have speculated about the effects of “hormone pollution” from the thousands of tonnes of estrogen released into the water supply by users of contraceptive pills. Again, this remains without proof.
But what is increasingly suggested by recent research is that homosexual tendencies are not always acquired, and that some individuals are born with them as an identifiable irregularity in the chromosomes. The implications of this for moral theology are clear: given the Qur’an’s insistence that human beings are responsible only for actions they have voluntarily acquired, homosexuality as an innate disposition cannot be a sin.
It does not follow from this, of course, that acting in accordance with such a tendency is justifiable. Similar research has indicated that many human tendencies, including forms of criminal behaviour, are also on occasion traceable to genetic disorders; and yet nobody would conclude that the behaviour was therefore legitimate. Instead, we are learning that just as God has given people differing physical and intellectual gifts, He tests some of us by implanting moral tendencies which we must struggle to overcome as part of our self-reform and discipline. A mental patient with an obsessive desire to set fire to houses has been given a particular hurdle to overcome. A man or woman with strong homosexual urges faces the same challenge.
To the religious believer, it is unarguable that homosexual acts are a metaphysical as well as a moral crime. Heterosexuality, with its association with conception, is the astonishing union which leads to new life, to children, grandchildren, and an endless progeny: it is a door to infinity. Sodomy, by absolute contrast, leads nowhere. As always, the most extreme vice comes about when a virtue is inverted.
None of this is of interest to the secular mind, of course, which detects no meaning in existence and hence cannot imagine why maximum pleasure and gratification should not be the goal of human life. The notion that we are here on earth in order to purify our souls and experience the incomparable bliss of the divine presence is utterly alien to most of our compatriots. And yet there is a purely secular argument against homophilia which we can attempt to deploy.
Homosexualism represents a radical challenge to the institution of marriage. Its propagandists will not concede the fact, but it attacks the most vital norm of our species, which is the union of male and female for which we are manifestly designed and which is the natural context for the raising of children. In times such as ours, when nature is no longer regarded as authoritative, and lifestyles are in all other respects an abnormal departure from the way in which human beings have lived for countless millennia, society cannot afford to believe that male-female unions are of only relative worth. The more the alternatives proliferate, the less the norm will be seen as sacred. Every victory for the homosexualist lobby is thus a blow struck against that normality without which society cannot survive.
It is in the context of the struggle to protect the family that the campaign against homosexualism becomes most universally accessible. The screaming fanatics who “out” bishops and demand a lowering of the “gay” age of consent are among the most bitter enemies of the fitrah, that primordial norm which, for all the diversity of the human race, has consistently expressed itself in marriage as the natural context for the nurturing of the new generation. That which is against the fitrah is by definition destructive: it is against humanity and against God. This awareness needs to be reflected in legislation, which for too long has sought to relativise the family as merely one of a range of lifestyle options.
Muslims sometimes hold that the collapse of family values in the West will serve the interests of wider humanity. Decadence, they say, is what it has chosen and deserves; and the inevitable implosion of its society will leave the field open for morally strong Islam to regain its place as the world’s dominant civilisation. The trouble with this theory is that the implosion shows no sign of leading to total collapse. Technology and wealth allow the creation of surveillance and social security systems, which can deal with the growing number of casualties. There is certainly an irony in a New World Order policed by a state, which cannot keep order in Central Park after nightfall. But unless we are foolishly optimistic, or hope for absolute totalitarianism, we cannot but be anxious about social trends in the West. The survival of the Western family is a question of immediate Muslim concern, and we must offer our views until the time comes when our friends and neighbours, their doctrines broken on the anvil of reality, are humbled enough to listen.
Cambridge
 

The Islam Show – About the Author:
Nasir Pasha, 36 Years, B. E Electrical and Electronic, Loving Father, Husband, Author, Thinker, Reader, strongly believe peace is the only way to solve all problems of the world.

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