Analysis of the Armed Special Forces Act 1943 in India

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

Marketing Plan for Launching a Chocolate Brand India

Marketing Plan for Launching a Chocolate Brand India India is on the move and so are the markets in India. Apart from economic changes. India is also facing social changes like changes in life style, hobbies etc. New fashions, Advertisements holidays, etc. are in today. Further, food habits of Indians are changing rapidly. Chocolates, which were believed to be kids preference, are now being consumed by kids, teenagers, and adults. Chocolate market in India (Currently 20,000 tones is growing at the rate of 22% annually). To take advantage of the growing market, international confectionery companies are getting ready to woo the proverbial Indian Sweet tooth. An influx of worlds leading Chocolate players is expected. Further, since Confederation of Indian Industry (CII) is a representative body of the Indian Industry, it receives its inquiries for pertinent marketing information from various domestic and international players, who want to invest in India. In the above context, the prime objective of this report is to prepare a marketing plan for any brand that is planning to enter the India Chocolate Market. Therefore, this report is generic (broad based) to the extent that it does not focus on any single brand. However, this may prove to be a relevant marketing guide for any brand launch in India. METHODOLOGY As mentioned earlier, the objective of the study is to formulate a Marketing Strategy for any new entrant in the Indian Chocolate Industry. While recommending the said strategy detailed information from both primary and secondary sources was collected and analyzed. This included: Primary Sources Four level primary information collections were undertaken. These were: In order to get relevant information regarding competition, executives of the following chocolate players in the market were interviewed: Mr. Sanjay Verkey, Branch Manager, Cadburys India Ltd., ANZ Grindlays Building, Connaught Place, New Delhi. Information: Cadburys profile, products, distribution, etc. Mr. Verma, Sarura Business (I) Ltd., Panchsheel Vihar, New Delhi, the company that has launched Mars Inc. brands (imported) in India. Information: Complete marketing strategy-since, imported chocolates marketing is a new concept Mr. N Bohidar, Manager Corporate Communication, Nestle India Ltd., Connaught Place, New Delhi To analyze buying behavior and in order to gain an insight into the buyer need-satisfaction level, a questionnaire was formulated and administered among 80 people. The profile of the respondents was as follows: Consumers of chocolates 12 years + in Delhi. This was since; chocolate consumption was witnessed amongst all age groups. A distributor was also interviewed so as to get pertinent information regarding the most important P of FMCG marketing Place, information provided by Mr. Rajesh Mittal, Ex-distributor of Nestle India (Rohini district), was extremely helpful in recommending the distribution strategy. Extensive interviews were conducted with retailers in the Naraina Vihar area. These included pan shops, bakeries, departmental stores, etc. they provided information on various facts of chocolate distribution such as point of purchase material (dispensers etc.), infrastructure problems, critical informational regarding the policies of the present players in the market, etc. Secondary Sources A number of secondary sources of information were used. These were: Mr. M.N. Rao, Secretary, Indian Confectionary Manufacturers Association, Sugar House, Nehru Place, New Delhi. Information: Industry statistics, problems facing the industry, future outlook, etc. Also measures being adopted for cocoa production development. Confederation of Indian Industries reports. PHDCCI FICCI library. Internet websites of Cadburys, Nestle and indiainfoline.com, askjeeves.com Extensive use of secondary information in the form of magazines/journals/newspapers clippings, such as Business World, Business Today, Business India, AM, Brand Equity, Economic Times, etc. The methodology adopted was as follows: Industry scenario Sketch (utilizing secondary information) Extensive interviews held with Primary/Secondary Sources (Companies/Chocolate manufacturers Association) Interview with ex-distributor of Nestle India Ltd. Extensive retailer interviews in Naraina Area Formulation and administration of a questionnaire Formulation of the Recommended Strategy on the basis of the above mentioned Primary and Secondary Information Limitations of the study Since, the administration of the questionnaire was restricted to Delhi, results may provide an urban view of the buying behavior and the like. Also, secondary sources were used for information regarding Amul. Industry scenario was also drawn up, utilizing secondary information. THE INDUSTRY SCENARIO With the entry of multinationals, and home companies sprucing up their act, the confectionary market is booming. Mckinsey has estimated the confectionary industry to touch a whopping Rs.8500 cr. by the year 2009. Till the eighties, the chocolate market was small and the product category itself was fuzzy. In the eighties, Cadburys the virtual monopolist had decided to focus its efforts on making chocolates a distinct category with an identity of its own. And the marketer had sharply positioned its product at children to do that. Hence, chocolates bore an only for kids tag, and kept adults at bay. By the end of the eighties, Cadburys still ruled the roost with over 80 % market share. And though several brands like Amul and Campco tried to break into the market, none of them had succeeded in shaking the leaders grip. In fact, Cadburys had become a brand virtually generic to chocolates. Then chocolates were used to reward and reinforce positive behavior and hence were categorized as a luxury reserved for special occasions. This was, a stark contrast to the west where chocolates were snacked on, eaten as mini meals or just to suppress pangs of hunger. But constant working by players like Cadburys (re-launch of Cadburys Dairy Milk targeting adults and as a casual any-time buy) and Nestle towards exploding the myth that chocolates are meant for children only has resulted in the segment booming. Trends in the Industry With socio-economic changes rapidly taking place, the young and not so young population will lead a new life style and chocolate eating is definitely going to be widespread and acceptable. In the industry, both population and family incomes as well as urbanization are on the increase. There has been a significant growth in the middle class, with 5.8 million people having upgraded to the quoted middle class. There is quantified data on FMCG usage having increased (NRS -VI IRS 98 figures) Thanks to the above reasons the growth in the chocolate market is estimated to be at 28% in 2009. But marketers in the industry are looking forward to a much higher growth rate, as Indias per capita consumption of chocolates is only 15 Gms. Versus 6 kg in the west. The Industry Chronology Year Demand Rupee Growth Rate 1990 12000 tones 350 cr. 2 % 1994 Excise duty increased to 15 % 13 % Excise duty further increases to 28.75 % Cocoa Prices Zoom Drops to 6 % 1995 Excise duty reduced to 25%, further to 20% and finally to 18%. Import Nestle launches Kit-Kat sets up a new unit. Production arrangement with CAMPCO continues. Mars selects production site. 1996 Market zooms up due to greater marketing thrust by players (especially Cadburys) Chocolates Selected import item 22 % 1998 Chocolates Open general license 20000 tones 22 % 2003 Quantitative restriction lifted 32000 tones 22 % The Indian Chocolate market can be sliced into four parts. Moulded Chocolate Segment comprising slab chocolates like Dairy Milk chocolates, etc. These are made by pouring the ingredients into moulds. Countline Segment comprising bars like 5 star, Bar One, Perk, Kit Kat, etc. These have ingredients other then chocolate and are usually bar shaped, making for chunky bites. Choco-Panned Segment comprising chocolate forms like Butterscotch, Nutties, Tiffins, etc. Panned varieties have different cores/centers, which are covered with a layer of chocolate. Sugar-Panned Segment comprising chocolate forms such as Gems, Chocolate à ©clairs, etc. These generally have a sugar coating on the outside. The Chocolate industry has grown from 12000 tonnes in 1990 to around 32000 tonnes in 2001. The rejuvenation exercise of Cadburys, was one of the key reasons behind the churning up of the countrys Rs. 350 crore chocolate market to a growth rate of 22% in 1996, from a mere 2% two years earlier. Chocolate Market Shares Interestingly, kaira district cooperative Milk Producers Ltd. (KDCMPL) the manufacturer of Amul chocolate is selling whatever it produces. Limited capacity is also a reason for the share it has. However, Amuls memorable advertising campaign positioning it as a A Gift for someone you love, saw the sales graph rising. Amuls sales grew by 39% then. Ever since, Amul has maintained a low profile. It can further be seen that Amul (see findings). Other Domestic Players The only other organized player in the market is Campco, which has an insignificant share of the market. It is supplying its production to Nestle. Apart from this Campco did come up with its new brands like Treat. But crunch of resources grossly effected the pace of the company and is hardly to be heard of today. CHOCOLATE LAUNCHES OVER THE YEARS 1956 Cadburys Milk Chocolate launched 1967 Cadburys 5 Star launched 1970 Cadburys Éclairs launched 1974 Amul chocolates launched 1986 Cadburys milk chocolate re-launched as Cadburys dairy milk (CDM) 1991 Nestle chocolates launched. Cadbury counters Nestlà ©s entry with all silk, and unfurls huge consumer promotion campaign. CDM revamped. Nestle launches Milky Bar; Cadbury counters with Creamy Bar. 1994 Cadburys Real Taste of Life and 5 Stars Reach for the Stars campaign rolled out. Éclairs revamped and renamed Dairy Milk Eclairs. 1995 Cadbury launches Perk, pre-empting Nestles Kit Kat. Overtures is withdrawn. 1998 Market growth rate tops 40 percent per annum. IMPORTED BRANDS Considering the high growth potential, various multinationals wanted to set up facilities in India (Mars being one of them). However, shortage of cocoa, seasonality in demand, and the absence of a proper cold chain deterred them from investing in India. The government also moved the import of chocolates from special item list to open general license category. The duty structure was also reduced. This resulted in making import of foreign brands easier and price competitive. Due the above, mars inc.- the US giant, who had decided to set up facilities in 1995 (the site for which was also selected), decided to postpone its investment plans. An alternate strategy was formulated to import Mars chocolate brands into India through Sarura Business (I) Ltd. Sarura, which came into existence about and year ago, imports Mars brands and sells through its own distribution network. Highlights of the strategy being followed are mentioned below: Imports Mars brands every 40 days, after careful demand analysis. Takes 20 to 22 days to reach India. Duty structure Customs Duty 40% Counter vailing Duty (a form of excise) 2% Special Duty (Surcharge) 3% The import duty on finished product is expected to come down to 20-25 % in a phased manner. Distribution Logistics The company has its operations being controlled from Delhi. A typical FMCG distribution chain is being utilized. This includes- Carrying Forwarding Agents Distributors Retailers and Wholesalers (about 5000 as of now) Consumers In Delhi, the company reaches the retailers and the wholesalers on its own. It operates about 3 vans, and each other retailer is serviced twice a month. MARKETING OBJECTIVES Short Term Objectives Taking into consideration the growth rate of the market competition with major brands, the marketing objectives can be as under: To introduce chocolates in various new flavors. To make a place in consumers mind. To provide quality chocolates at affordable price. To achieve a market share of around 15% by the end of two years of operation by the means of 7.5% by creating the new market. 7.5% by taking competitors share. Long Term Objectives Investing in strengthening the grass root level operations like cocoa farming, milk collection and storage. A broad product portfolio, a large and efficient RD department, decentralized management, etc. Nestle has about 2000 distributors in 1700 towns and more than 500,000 retail outlets to match this MARKET RESEARCH In order to recommend and execute an effective strategy for marketing of goods services, a systematic market research needs to be undertaken. The buyer preference research would play a vital role in the assessment of consumers taste/purchase habits and a better understanding of the consumers mind. In fact the strategy formulation/recommendations in this report of the marketing mix relies heavily on these research findings. A questionnaire was administered (as mentioned in the Methodology) amongst people of different age groups and professions. Results from this research provided interesting cues, which were extremely beneficial in the formulation of the recommended marketing mix. The main object of this research/questionnaire were as follows: To find out the current taste/chocolate eating habits. To find out the extent of brand loyalty. To get feedback of consumers perception about flavors and conventional outlets. To find out extent of price sensitivity. Retail outlet preference. Brand preference etc. OBSERVATIONS Based on the basis of the questionnaire research, some of the facts that came to the fore have been listed below. These research findings played a key role in the development of the recommended marketing strategy. AWARENESS PURCHASE PREFERENCE Top of Mind Awareness Purchase Preference What influenced you to buy the selected brand PURCHASE BEHAVIOUR Reasons for Purchase Chocolates A gift to a love one As a gift it is for IMPULSE DRIVEN Most of my chocolate purchases are preplanned I often pick up chocolates while I make other purchases REINFORCING IMPULSE PURCHASE IMPORTANCE OF ATTRIBUTES PERCEPTUAL MAPS Importance of various Attributes in Chocolates Rank of Chocolates on various attributes Attributes 1 2 3 4 5 Taste CDM KitKat 5 Star Perk Amul Quality KitKat CDM Perk 5 Star Amul Packaging KitKat CDM 5 Star Perk Amul Price Perk 5 Star KitKat Amul CDM Flavor KitKat CDM Amul Perk 5 Star Add-ons KitKat Perk CDM 5 Star Amul Brand image CDM KitKat Perk 5 Star Amul PRODUCT RELATED Taste Preference Size Usage. What size of a chocolate go you normally buy- PRICE RELATED Suitable price for a 40 gms Chocolate Price Perception. The price of most preferred brand is Price sensitivity (Elasticity). If price of your favorite brand is reduced. You will buy more of it Price sensitivity. If the favorite brand is few Rs. Expensive would you to go for it ADVERTISING/PROMOTION RELATED Advertisement Recall Test Unaided Most like Ads Unaided Whether, sales promotion would affect your purchase decision Band loyalty. If a particular brand is not available, you will: If you want to buy a wafer chocolate, say Kitkat and if it is not available, you would settle for a Bar/Moulded chocolate say 5 Star or CDM CHOCOLATE BRANDS IN INDIA Are you happy with the kind of chocolate brand available in India PLACE RELATED Outlet Preference DEMOGRAPHIC PROFILE OF THE RESPONDENTS Age Sex Marital Status Occupation Monthly income Michael Porters Model for Competitive Advantage There should be continuous efforts towards competence by drawing down costs and improving product quality. According to Michael Porters 5 point model for competitive edge, any corporate entity needs to counter threats posed by the following five market forces. The Corporate Entity Potential Entrants Competitors Activities Suppliers Buyers Substitutes Potential Entrants With the increase in growth rate of the market and wide spread acceptance of chocolates in Indian market, companies like Mars, Sara Lee etc. are eyeing the chocolate market. American Hershey foods etc., also plans to enter in it. Though these companies would facilitate further growth of the market, they would also want a share of the pie. Further, a favourable duty structure would facilitate import of international products than new manufacturing units being set up. MARKETING MIX The objective of the marketing mix developed is: To develop a product that is available, affordable, based on local raw material, and adapted to the taste the nutritional habits of the population. The elements of the mix Product, Price, Place Promotion have been entailed below: Product As mentioned earlier, the two most important segments of the market are moulded and countline segment (segments have a high share of the market). Also, it can be seen in the findings, the Indian consumer does not recognize the difference between moulded and countline segment. Further, a key decision that needs to be taken is to decide whether to have a core brand focus of have a plethora of brands. Here, it would be advisable to launch a complete basket of products covering both the countline and the moulded chocolate segment (at least if not Panned). A range of brands can help cushion out risks over the entire offering. Also, it has been that to sustain in the long term, a complete portfolio of chocolates for every taste is essential. However, a concentration strategy may be adopted in the first phase, focusing on one core flagship brand. The various product attributes have been mentioned below: Stipulations regarding the use of Hydrogenated Vegetable Oil HVO (since it contains nickel) may be adhered to. Nickel in chocolates can cause cancer. However, research is still on to prove this. Product formulation should keep this aspect in mind. Packaging: The packages or the cover packs, of the brands can be in Blue, Green and Red color which represents a fun element. The packaging should MARKET TESTING PLAN It would reduce the risk of failure in the market where it goes national, by validating the marketing mix. Facilitate validation of positioning. Allow corrective action through incorporation of consumer feedback. For test marketing the chocolates, the plan may be as follows: Test Objectives: To validate the brand names, new outlets, etc. and to measure the sales volume, pricing and promotion policy. Competitor reaction can also be analyzed. The product may be launched in Bombay (as a soft test launch). This selection was based on: Bombay is uniformly represented by the target segment. Competitor activity is high. Also, Nestle was able to wrest a significant market share from Cadburys when it was launched. Bombay is representative of the target segment. IMPLEMENTATION A Well-designed marketing plan counts for nothing, if not implemented properly. Success in the market place depends upon the way the plan is implemented. The launch is recommended to be before winters-say September or October, since- That period would facilitate high Diwali sales, and FUTURE OUTLOOK The growth and expansion of the Indian chocolate market in the past has been hampered, due to stiff excise duties on chocolates (at 18 percent while other agro based products are being charged as low as 8% and a few, even 0% excise) and non-availability of quality cocoa in the country. Also, import of chocolates has been put in the OGL category, with duties being reduced (in a phased manner). The industry has made recommendations to the Indian government to go back to the special item list category, in order to safeguard the domestic industry. However, continuous marketing focus by the players in the market has resulted in the industry looking up like never before. These companies/brands have become much more market savvy. The Indian chocolate market is transforming and new players (Sara Lee is planning to set up base in India) are entering the market. Hence, considering the low per capita consumption of chocolates, the future of the industry seems to upbeat.

Graphics :: essays research papers

5.2 Images: Information without Words or Numbers Images play a fundamental role in the representation, storage, and transmission of important information throughout our professional and personal lives. In many professions, including publishing, art, film making, architecture, and medicine, it is crucial to be able to represent and manipulate information in image form. Furthermore, with the development of multimedia technology and virtual reality, many other professions are beginning to explore the power of representing information in visual form. In Chapter 3, we introduced the ideas behind binary representation of information, and in particular showed how integr and text can be converted into binary form. We also mentioned that other types of information can be represented by bits, and briefly described the process one might use to convert an image into binary digits. We then suggested how this would extend to representation of time-varying imagery, or video. 5.3 Cameras and Image Formation As mentioned in the introduction to this book, the film-based camera is over 150 years old. Recent advances have provided a variety of alternatives to the use of conventional film, but the basic image formation process has not changed. This process may be familiar to you from experience with basic optics, and is illustrated in Figure 5.1. The essential components of this system are: the object or scene to be imaged, the lens, and the image recording medium (retina of the eye, film, or other device). The image recording medium is usually located in a plane parallel to the lens, known as the image plane. Note that the image that is formed is inverted; this is usually of no consequence because the display device may easily correct this condition. The resulting image represents a projection from the three-dimensional object world to the two-dimensional image world. The focal length specifies the distance from the lens to the image plane. More useful to us, it also indicates the degree of magnification of the lens. From 35 mm photography, we know that a lens of 50 mm focal length is considered ``normal'' (in the sense that the resulting photo will contain the same expanse of image that a human would see from the same point as the camera); one of 28 mm focal length is ``wide angle,'' and one of 135 mm focal length is ``telephoto.'' For a different film (image) size,those focal lengths would change, but the principle remains the same.

Use of Disquietude and Pleasure in Oedipus the King :: Oedipus the King Oedipus Rex

Use of Disquietude and Pleasure in Oedipus the King      Ã‚  Ã‚   At the very core of   Sophocles' tragedy, Oedipus the King, lies emotional confusion. Sophocles purposely creates within his readers this sense of emotional confusion and self-awareness through his use of both disquietude and pleasure.      When he grows up, unknowing of his adoption, he discovers his doomed fate from an Oracle.   Seeking to escape it, he flees from Colonus.   Once upon the road, Oedipus discovers his path blocked by a man, whom he perceives to be a robber.   He kills this man, who turns out to be his father, and unknowingly fulfills the first part of the prophecy.   Soon, he comes to Thebes, which is being terrorized by a terrible monster, the Sphinx.   The Sphinx wanders the streets surrounding the city, asking travelers an unanswered riddle.   Oedipus encounters the Sphinx, and answers its riddle, causing the Sphinx to kill herself in disbelief.   The citizens of Thebes, who have recently found themselves kingless, appoint Oedipus king and give him Queen Iocast? for his wife as a reward.   The couple lives together happily and produces four children.   Some years later, the city is beset by a terrible plague.   It is prophesied that the only way to cure the city is to find the kil ler of the previous king, and bring him to justice.   Oedipus, who wishes to solve the city's peril, relentlessly seeks out the answer to the problem.   He soon discovers the hideous truth; he has killed his father, married his mother, and fathered her children.   He returns home to find that his wife/mother has committed suicide, and, unable to deal with the reality of this wretched reality, he takes the broaches from her gown and gouges his eyes out.      Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   The gruesome details of this story make for several examples of disquietude.   The most obvious example occurs when Oedipus gouges his eyes out with Iocaste's broaches.   This scene is vividly described by the Chorus of Theban Elders, "Deep, how deep you drew it then, hard archer, At a dim fearful range, and brought dear glory down" (name of author and page #).   Not only is this scene physically disturbing, but it is emotionally disturbing due to the dramatic irony.   Oedipus, before this, was blinded by his intellectual arrogance.   Now, he has been humbled by fate and sees his mistakes, but is physically blind.   Along with this example, there are two other examples of disturbing physical events.

History of West Point Essay

In 1778 George Washington, for whom West Point was always a crucial strategic position in the United States, appointed Kosciuszko as a chief designer of its first fundamental fortifications to which he moved his headquarters the following year. In 1802, President Jefferson officially opened the United States Military Academy at West Point. Under the superintendence of Colonel Thayer (1817-1833) who was also called the â€Å"father of the Military Academy†, higher academic standards were set and a great emphasis was put on military discipline and code of conduct. Civil engineering became the fundamental subject on the curriculum at West Point and for many years its graduates were the nation’s major constructors of the first bridges, roads, railway lines, etc in the USA (A Brief History of the Academy). During the American Civil War, both warring sides, the South and the North, were headed mainly by West Pointers, such as Grant, Sherman, Jackson, Lee, Sheridan, and others. West Point graduates also distinguished themselves in Europe during World War I. After the war, the academic curriculum at West Point was gradually diversified and enormous efforts were made to improve various physical fitness programs (A Brief History of the Academy). Among the most prominent West Pointers that distinguished themselves in World War II were military leaders such as Eisenhower, Bradley, MacArthur, Wainwright, Patton, Clark, Stilwell, and others. In the postwar period, the curriculum at West Point was broadened again and included science and technology. In 1964, the Corps of Cadets was increased from 2,529 to 4,417 resulting in the appearance of new facilities. The enrollment of women at West Point began in 1976 and each class now has approximately fifteen percent of female cadets. At present, the West Point Military Academy comprises over 4,000 cadets and every year it graduates over 900 officers (A Brief History of the Academy). â€Å"Page # 2† Code of conduct at West Point At West Point every cadet adheres to an ethical code of conduct called the Cadet Honor Code whose golden rule states: â€Å"A cadet will not lie, cheat, or steal, or tolerate those who do†. The Honor Code is a vital and important tradition that was initially formalized in 1922 by Superintendent MacArthur who also established the Cadet Honor Committee. The last part of the golden rule, however, was not included in its original version. In 1970, the code of conduct was revised resulting in the introduction of the â€Å"non-toleration† clause (Jones). The Cadet Honor Code in its present form has no boundaries and sets high standards of ethical behavior not only when cadets are at West Point, but also when they are at home or with friends. Living by the code means that cadets must strive for moral and ethical perfection and must never lie, cheat, steal, nor can they tolerate lying, cheating, or stealing by others. Cadets must be truthful, fair, and respect the rights and property of other people, and also assume responsibility for their actions. These principles constitute the Spirit of the Code whose goal is the development of leaders of characters. These high standards distinguish the Military Academy at West Point as well as its graduates from any other institution and students. For Cadets, they are fundamental principles of life, not just prohibitions (Jones). At the Academy, there is a democratic system of responding to any violation of the Cadet Honor Code. West Pointers are responsible for running the Honor System, convening Honor Investigations and Hearings of particular cases. The Cadet Honor Board consisting of six members gathers and evaluates the evidence to decide whether a Cadet is guilty of violation of the Honor Code. In case a cadet is found guilty of violation of any aspect of the code, Board members inform the Superintendent of his status who then decides what will happen to that cadet. In most cases, â€Å"dismissal† is the standard verdict but the cadet may also be given another chance to live honorably in the future (Jones). â€Å"Page # 3† Cadet life and religion at West Point A cadet’s life at West Point is very busy. A cadet’s daily schedule includes classes, study, physical education, athletics, military duties, and over hundred extracurricular activities coordinated by the Cadet Activities Office. Many instructors and officers reside at West Point and provide additional help and instruction to the cadets who need it, and also guide many extracurricular activities in which cadets are involved in their free time. These activities include language, aeronautics, astronautics, computer, engineering, athletic, and many other clubs (The West Point Experience). Sports play a very important role in the life of West Pointers developing self-confidence, competitiveness, and self-discipline in cadets. The Academy’s intercollegiate program includes twenty-four sports. In addition, cadets also publish publications such as â€Å"Howitzer†, â€Å"The Pointer†, or â€Å"Bugle Notes†; run the WKDT radio station; and write, produce, and perform plays and music. Extracurricular activities at West Point are viewed as an important aspect of a college community life (The West Point Experience). Religion is another important aspect of community life at West Point. The religious ministry comprising all major faith groups is provided not only for the Corps of Cadets, but also for the West Point staff. While performing the ministry, chaplains in religious communities are often assisted by councils consisting of cadets (Nonstandard Activities of the United States Military Academy). West Point cadets have the opportunity to attend chapel services and practice various religious observances. Cadets can join and regularly participate in chapel choirs, ceremonial rites, discussion groups, Sunday religious school classes run by various religious affiliations whose mission is to contribute to the spiritual and moral development of the West Point community (The West Point Experience). REFERENCES: 1. A Brief History of the Academy. Retrieved May 6, 2008 from the World Wide Web: http://www. usma. edu/history. asp 2. Jones, D. United States Military Academy’s Honor Code and System. Retrieved May 6, 2008 from the World Wide Web: http://www. usma. edu/Cpme/HS_Outreach/HS_Outreach. htm

A Brief Look at the Quality of a Translation Essay

Abstract The article is an evaluative work on a translation of Faulkner’s Sanctuary by Farhad Qebraii. To do so the standard norms are got from Blum Kulka’s article â€Å"shifts of cohesion and coherence in translation† and the level of accepted changes through the translation is considered. The translation by Qebraii is accepted as a qualified one based on the factors analyzed through the paper. Introduction Through the process of translation some changes occur within the form (Surface Structure) and the meaning components (Deep Structure) of the source text. These changes are considered to be inevitable in translation. Due to the differences in the grammatical structures and linguistic features of languages there seem a logical reason for such a phenomenon . In 1986, Shoshana Blum-Kulka in her article ‘Shifts of cohesion and coherence in translation’ went through the changes (shifts as she calls) in translation. She made a comparison between the structure of the source and that of the target language and elaborated on the logical shifts that may occur through the process of translation. Here, the aim of the evaluation is to assess the quality of the translated version of the work ‘Sanctuary’ by William Faulkner. To do so, the structural features of both English and Persian language (as SL&TL) should be investigated and based on that and the concept of Blum-Kulka’s article assess the quality of translation. According to what Blum-Kulka says in her article, the negotiation of meaning between different parts of a text is based on the assumption that subsequent turns are related to each other in Coherent ways. This is the covert relationship between the parts, but there is another unity, visible in the surface structure of the text, which is called Cohesion. These two elements change through the translation process to naturalize the target text. But sometimes the high level of changes brings about some mismatches between TT and ST which lower the quality of translation. The overall purpose of this paper would be detecting these aspects from BlumKulka’s view point. Whether the translation is qualified or not is somehow a subjective matter just because of the unique elements belonging to translation. From the very beginning, there have been conflicts among those who regard translation as a work of art and those with scientific approaches. There have been too many translations with high level of acceptability and, when checked, no signs of newly arrived norms for translation. These all indicate that in this field there seem not to exist a categorical law and what is taken as a qualified translation in artistic viewpoint may lack the quality of a good work in scientific scope. Methodology To evaluate the quality, there would be one by one comparison between the meaningful units of both ST and TT of the work. These all would be done with regard to linguistic features of both English and Persian. To do so, in discussion section of the paper there would be a brief explanation about the linguistic features ( specially grammatical points) of both languages to clarify some necessary points. To a further study and in a more precise way there would be several exemplifications and for each enough supporting ideas based on Blum-Kulka’s article. Finally, the conducted work would lead to an eventual conclusion to show the quality of the work based on the factors mentioned within the paper. Discussion Over a long period of time there have been too many discussions on the notion of translation. Whether it is an art or a science, or maybe a mixture of both has been the fundamental issue of majority of the cases. If the literature is reviewed, there seem to be no clear criterion to clarify the notion of translation. Here, I want to offer my own understanding of the matter. To the best of my knowledge due to the fact that when translating we deal with several subjects such as culture, history, scientific issues, linguistic features of languages, and semantic structures of both ST and TT, the translator should have general knowledge of both source and target language. This means that for sure translation is partly a science because the translator is supposed to have a complete knowledge of both languages. But there is a significant point here which deals with artistic aspect of the matter. Imagine there is a peace of poem or other sort of literary text which is to be translated. Here the translator is expected to consider both semantic and syntactic structures of the source text along with the unwritten sense and emotions of the poem which are to be instilled by the other elements in the structure of the work. If the translator loses the artistic sense of the work through the process of translation the final work would be regarded as an ordinary and not highly qualified work because no special attention has been paid to the extra linguistic features of the work. So to evaluate the translated work of a text some fundamental cornerstones should be regarded. First the translator must determine the text. By this he can choose the correct translation method regarding the text structural features. Then and with respect to the method the translator starts the work. Now the final work must observe some necessary cornerstones of a qualified translation if the steps and the notions are regarded. In this article the main purpose is to look at the translating elements of the work Sanctuary by William Faulkner with respect to Blum Kulka’s article and assess the quality of the translation. To do so first there is a brief look at the structural traits of both Persian and English as two ends of the work and then find some examples from the texts to clarify the notion. At the next step the level of the correctness is evaluated based on Blum Kulka’s article about cohesion and coherence. Finally the work is evaluated according to the factors mentioned through the paper. In English it is usual to find wide variety of complex sentences with highly descriptive adjectives within different sorts of texts, and specially novels. This is while in Persian due to grammatical structure of the sentences there seem not to be such a case and, except for some high literary texts, in majority of the cases there occur more clearly written sentences in a simple form. This significant difference brings about some mismatches through the process of translation. More often than not Persian translators try to break the complex structures of the long English sentences into more concise and highly clear sentences in their translation. In the work Sanctuary William Faulkner does not use complex sentences and transfers the intentioned sense by some crystal clear sentences but when checked we can get that Qebraii, the translator, has professionally transferred the original sense by making the most approximate sentence structures which are really like the source ones. Some examples are made here: 1. His face had a queer, bloodless color, as though seen by electric light; against the sunny silence, in his slanted straw hat and his slightly akimbo arms, he had that vicious depthless quality of stamped tin. ? . ? . In this part of the translation we can clearly find out that the translator has tried his best not to miss the original surface structure of the sentence by following the form of the English version in Persian structure. He has done this in a very precise and accurate way and there seem to be only a nuance of difference in the translation version of the work. But it seems that Mr Qebraii has devoted the sense for the surface structure of the work where he misses some pieces of messages in his translations. Look at the part â€Å"His face had a queer, bloodless color†¦Ã¢â‚¬  here the translator keeps the original structure remained in the translation but the sense is not transferred thoroughly. Bloodless is translated as â€Å"? † which seems not to be an accurate equivalence. It was better to use more artistic phrase instead of this emotionless correspondence. Here Mr Qebraii has paid too much attention to the structure rather than the message and the sense. Or â€Å"sunny silence â€Å" is rendered as â€Å"? † the same story happens here. 2. The other man’s coat was still across his ar. He lifted his other hand toward the coat, out of one pocket of which protruded a crushed felt hat, from the other a book. ? . . ? The grammatical structure of the source text is remained untouched through the process of translation. We have the most approximate structure in the translated version along with clear understanding of the sentence in which there is the same message as the original. This indicates that the translator has been successful in transferring both the structure and the sense of the source text. At the last part of the sentence we see the phrase â€Å"a book† which appropriately is transferred into Persian with the exact surface structure and sense and also the form of the sentence is kept untouched. In above mentioned examples we can draw the conclusion that with regard to the structural differences between Persian and English and the form of the sentences in these two languages the translator has been so successful in keeping the form of the sentences identical in both versions, the original and the Persian translation of the work. Now we refer to Blum Kulka’s article. According to what she suggests in her article, in a text there are two significant notions; cohesion and coherence by name. Cohesion is an overt relationship holding between parts of the text, expressed by language specific markers. Coherence, on the other hand, means a covert potential meaning relationship among parts of a text, made overt by listener or reader through the process of interpretation. On the both levels there exist differences between the languages. When a text is translated from one language into another the level of text coherence or cohesion is changed based on the structural features of the target language. These changes are considered to be logical to some extent. But if the level of shifts are too much the translation would be classified as an under  standard translation and the quality would be in a low level. Through the following part the shift in Cohesion and the Coherence of the texts will be detected. Coherence: As pointed out by Hallyday and Hasan (1976) cohesion ties do much more than provide continuity and thus create the semantic unity of the text. Particularly in literature, the choice of cohesive markers can serve several functions in the text. Accordingly the translator is supposed to observe the accepted level of shifts through his translation which is due to language differences. To some extent the shifts in cohesion is acceptable but if the changes are too much the translation would be of low quality. In this point of the paper we want to take a look at the coherence of the sentences of the work Sanctuary and that of its translation â€Å"? † by Farhad Qebraii. As mentioned earlier, coherence is not a clear notion and does not have a visible marker in the text. Any audience or reader will get the semantic relationship between the text components through some sorts of interpretations. We all know that any component in the text has a relationship with the other components and they all get together to transfer a unified message. Now if the subcategorized elements in the texts are changed due to translation process there may emerge a mismatch between the source and the target text. These changes may occur due to cultural, historic, or lingual differences in languages. In sanctuary there seem to be no cultural factors which cannot be translated into Persian and Qebraii has transferred somehow the all message completely into Persian. So we can say that this translation is highly qualified from the coherence point of view. Cohesion: On the level of cohesion, shifts will occur through the translation in a way that the translation seems to be more explicit than the original work and this is common in almost all the cases. But for a translation to be of high level of quality the translator should try his best to keep the unwritten messages and covert factors untouched and do not use too much terminology to express the meaning explicitly. In the work Sanctuary the author has made concise sentences to bring about succinctness and beauty in his text. We see that the translator has kept this factor remained in the target text. As an example, Qebraii has translated the part â€Å"The other man stopped his hand. †it’s a book† to â€Å"?. ) . ( Here we see that Qebraii has not made the translation more explicit rather he has shorten the length of the Persian sentence with regard to the message not be lost through the translation process. Of course in the above example there is a shift in the form of the sentence from active to passive which has exacerbate the quality of the translation because the meaning is not transferred appropriately. But altogether the sentences are formed in a way that they are similar to the original one. The crux of the matter is that no one can certainly put the label of good or bad translation to any work and it goes without saying that evaluation of translations is a subjective act. But based on the detections it seems that most of the translation criteria are observed in this case and farhad Qebraii has kept the structure and the message along with each other almost through the whole part of the work. Thus his work is ranked among the highly qualified translations even if there are some translation mismatches in his translation. Implications and Applications The crux of the matter is that, no progression is made when no evaluative research is conducted. Any developed phenomenon has its progressive background through which there has occurred variety of investigations. When checked and have a spectrum of works under control through the time, the deficiencies will be singled out and reformed. No one can claim that his work has been in its recent high position from the very beginning. Hence, there is a none written role of thumb necessitating us to discuss any work and come up with constructive comments on it . To cover what is said the translation of the ‘Sanctuary’ will be worked on and any weak and strong point will be mentioned through the main paper. It is hoped that such an assessment would influence the translators and make them try their best to create highly acceptable works and we see a developmental process in this field. References Khazaeefar, A. (1388). A textbook of literary Translation. Tehran: Samt Publication Newmark, P. (1988). A Textbook of Translation. Prentice Hall Blum-Kulka, Sh. Shifts of Cohesion and Coherence in Translation.