ColumnsKannabiran Memorial Lecture : The Constitution and Scheduled Tribes in Composite State of AP LIVELAW NEWS NETWORK2 Jan 2021 11:42 PMShare This – x[This lecture was delivered on 28 December 2020 as part of the KG Kannabiran Lectures on Law, Justice and Human Rights – organised by the family of KG Kannabiran (1929-2010) to celebrate his life, his work and its futures]. [Abstract: Advocate V. Raghu begins with a reflection on the Arka Vasanth Rao case which led to the enactment of PESA and goes on to speak about…Your free access to Live Law has expiredTo read the article, get a premium account.Your Subscription Supports Independent JournalismSubscription starts from ₹ 599+GST (For 6 Months)View PlansPremium account gives you:Unlimited access to Live Law Archives, Weekly/Monthly Digest, Exclusive Notifications, Comments.Reading experience of Ad Free Version, Petition Copies, Judgement/Order Copies.Subscribe NowAlready a subscriber?Login[This lecture was delivered on 28 December 2020 as part of the KG Kannabiran Lectures on Law, Justice and Human Rights – organised by the family of KG Kannabiran (1929-2010) to celebrate his life, his work and its futures]. [Abstract: Advocate V. Raghu begins with a reflection on the Arka Vasanth Rao case which led to the enactment of PESA and goes on to speak about cases relating to special protections to Schedule V Areas and reservations for Scheduled tribes in which he appeared with KG Kannabiran. Finally he reflects on a case of negotiating a favourable settlement for workers facing displacement – the last time KG Kannabiran appeared in court in 2009. In all the cases, he points to the ways in which Kannabiran guided the court in its interpretation of constitutional protections].It is ten years since Sri Kannabiran left us, and yet memories of him are still fresh. In recounting my association with him, I will present a detailed discussion of three cases, of which two cases are concerned with the rights of adivasis/scheduled tribes (autonomy of scheduled areas and classification as Scheduled Tribe)– among his major concerns. Arka Vasanth Rao case The first occasion I observed him in the court was when he argued the case of Arka Vasanth Rao vs. Government of AP in 1995 on applicability of the provisions of Andhra Pradesh Panchayat Raj Act to Scheduled Areas. At that time, I did not have any personal acquaintance with him. This writ petition was filed by Arka Vasanth Rao, the Vice-President of the Gondwana Sangarsh Samithi and three other persons belonging to scheduled tribes. The writ petition was founded on the plea that after the enactment of the Constitution (73 Amendment) Act, 1992 by Parliament in exercise of its constituent power, inserting Part-IX comprising Articles 243 and 243-A to 243-O, the legislature of the State of Andhra Pradesh has no power to make a law with respect to Panchayats, extending its operation to scheduled areas in view of the specific constitutional injunction incorporated in Article 243-M. The petitioners contended that due to the large influx of non-tribals into the scheduled areas, the Adivasi population therein has decreased to a considerable extent resulting in the demographic composition of the scheduled areas undergoing a radical change reducing the adivasis to a minority in many parts of the scheduled areas. More than 48 percent of the agricultural land in the scheduled areas went into the hands of non-tribals in spite of legislation forbidding non-tribals from owning lands in the tribal areas. An area of 30,293 sq. kilometres was populated by 33 scheduled tribes — 5913 villages spread over 8 districts (Adilabad, Warangal, Khammam, West Godavari, East Godavari, Visakhapatnam, Vizianagaram, Srikakulam and Mahaboobnagar). The total population of the scheduled tribes according to 1991 census was 42 lakhs accounting for 6.3 percent of the total population in the State. The enactment of the Panchayat Raj Act by the State of Andhra Pradesh resulted in reservation for scheduled tribes in scheduled areas undergoing a substantial change to the detriment of tribal interests compared to the earlier position. The exclusive reservation in favour of the scheduled tribes under the V Schedule to the Constitution was now limited only to those cases where the entire territorial constituency lay in the scheduled area and where the population of the scheduled tribes in the constituency was more than 50 percent. This resulted in many elective positions in the scheduled areas going to non-tribals. Out of the 46 Mandal Praja Parishads in the scheduled areas, only 33 were reserved in favour of the scheduled tribes and the remaining 13 were brought into the open pool as the percentage of the tribal population in them was less than 50 percent. The object of enacting the V Schedule to the Constitution was to preserve and protect the interests of the scheduled tribes in the defined areas, particularly in regard to land to ensure that no erosion takes place in the tribal domain; and in order to achieve this objective, special regulations were enacted under the V Schedule by the Governor, prohibiting the transfer of all land from tribals to non-tribals, regulation of money-lending etc. This objective was watered down by the enactment of the Panchayat Raj Act, which introduced the population norm for the purpose of reservation, which would only lead to the disappearance of the scheduled area itself over a period of time by influx of non-tribals. The Division Bench comprising of Justice M Rao, and Justice K S Shrivastav referred to the provisions contained in Part IX, Article 244 and Fifth Schedule of the Constitution and held: “(17)…Practically, the whole gamut of the Panchayat Raj structure is covered by Part-IX. No State law, which is inconsistent with any of the provisions of Part-IX can survive for more than a maximum period of one year. So far as the scheduled areas are concerned, there is a specific injunction by Cl. (1) of Art. 243-M that nothing in Part-IX shall apply to the scheduled areas. It necessarily means that no law concerning the Panchayat Raj institutions as articulated by Part-IX of the Constitution can apply to the scheduled areas. The only exception to this embargo is if Parliament, by law, extends the provisions of Part-IX to the scheduled areas and this is made explicit by sub-clause (b) of Cl. (4) of Art. 243-M. 18. The contention advanced for the State that until Parliament enacts a law under Art. 243-M (4) (b), the State Act must hold the field does not merit acceptance in the face of the clear and unambiguous prohibition contained in Art. 243-N (l) and (4)(b ). This is not a case where the doctrine of occupied field comes into play – that principle applies only when there is a clash between Union legislation and provincial legislation within the area of common path. Abstinence of Union Parliament from legislating under Art. 243-M (4) (b) could not have the effect of transferring to the Andhra Pradesh State Legislature, the legislative power assigned to Union Parliament by Art. 243-M (4) (b). There cannot be anything like inter-delegation of legislative power between Union Parliament and State Legislatures, and no contention, even remotely suggestive of a situation leading to such a consequence can be countenanced.” It is important to note that this successful challenge with regard to the special status of scheduled areas in the matter of local self-government in the AP High Court contributed significantly to enactment of The Provisions of the Panchayats (Extension to the Schedule Areas) Act, 1996 (Central Act No. 40 of 1996) by Parliament the following year in December 1996. Sri. Yerran Naidu, then Minister of Rural Areas and Employment, introducing the bill in Rajya Sabha on 12 December 1996 observed that “The extension of Part IX of the Constitution by the States of Andhra Pradesh and Bihar to Scheduled areas was challenged in their respective High Courts. The Courts have held the extension of State Panchayat Acts to the Scheduled areas as ultra vires of the Constitution and viewed that Part IX can be extended to the Scheduled Areas only through an Act of Parliament as provided in Article 243 M(4)(b) of the Constitution. This is the reason for introducing the present Amendment which would apply to the Scheduled Areas in eight States” (p. 293) https://rsdebate.nic.in/bitstream/123456789/144204/1/PD_179_12121996_16_p292_p342_8.pdf Polavaram Project and the Submergence of Schedule V Areas Almost a decade thereafter in 2005, several Writ Petitions were filed assailing the action of the then Government of Andhra Pradesh to construct Polavaram project which would result in submergence of more than 250villages in the area covered under V Schedule of the Constitution of India. The Writ Petition filed by me on behalf of Andhra Pradesh Girijana Sangam was one among that batch of writ petitions. When that batch of writ petitions came up for final hearing Senior Counsel Sri K.G.Kannabiran was instructed to appear on behalf of the petitioners.I had an opportunity to assist him in that case. That was the first time I met him in person and the relationship continued till his last breath. He used to prepare for the case very extensively both on law and facts. Apart from placing the facts and legal aspects effectively, he used to develop a concept blending the facts and law with the idea of justice or legal theory to persuade the Hon’ble Court. I still remember that while making submissions in Polavaram case he placed on record the book Development as Freedom by Amartya Sen, and extracted some passages to explain the theory of sustainable development. In the same case he also placed on record the book Tribal Affairs in India by BD Sharma on V Schedule of the Constitution of India. The contentions raised in that case as extracted by the Hon’ble Court in the Judgment by the Division Bench of the then Chief Justice GS Singhvi and Justice R. Subhash Reddy merit our close consideration: “Sarvasri K.G. Kannabhiran and D. Prakash Reddy, Senior Advocates, Shri C. Kodandaram, Shri V. Raghu and Shri K.S. Murthy, learned counsel for the petitioners vehemently argued that the decision of the Government of Andhra Pradesh to go ahead with the execution of Polavaram Project should be declared nullity because it has not obtained permission from CWC as per the requirement of Clause VI of the Bachawat Award and approval from the Central Government in terms of Section 2 (ii) of the Conservation Act. Shri Kannabhiran extensively referred to the Bachawat Award and various reports on the construction of dams, River Valley and Hydro-Electric Projects and guidelines issued by CWC and Planning Commission from time to time and argued that the State Government should be restrained from executing the project without obtaining permission from CWC. He submitted that if the project is not cleared by CWC and the State Government undertakes construction of canals, the entire expenditure would go a waste and the people whose land is acquired will be deprived of their livelihood. Shri Kannabhiran submitted that over 7300 acres of forest land is likely to be submerged in the dam and without obtaining prior approval of the Central Government in terms of Section 2 (ii) of the Conservation Act, the State Government cannot undertake construction of the dam. In support of this argument, Shri Kannabhiran relied on the judgment of the Supreme Court in T.N. Godavarman Thirumalpad v. Union of India (2006) 1 SCC 1. Learned counsel for the petitioners emphasized that execution of the project involving utilization of forest land for non-forest purpose and displacement of more than a lakh of people will be an ecological, financial and human disaster and, therefore, the Court must restrain the State Government from executing the Polavaram Project without complying with various statutory provisions. Learned counsel for the petitioners further argued that the environmental clearance granted by the Ministry of the Environment and Forests, Government of India is hedged with several conditions and without fulfilling those conditions, the State should not bepermitted to execute the project. […] The next question which merits consideration is whether the execution of Polavaram Project, which is likely to submerge 276 villages of the Scheduled Areas is liable to be stopped on the ground of violation of Article 338-A (9) read with the provisions contained in the Fifth Schedule of the Constitution. Learned counsel for the petitioners argued that the construction of dam will necessarily involve acquisition of thousands of acres of land in the Scheduled Areas and this cannot be done in the absence of an order by the President issued under Para 6 of Part ‘C’ of the Fifth Schedule of the Constitution. Another limb of the same argument is that the construction of dam involves a major policy decision relating to Scheduled Tribes and without consulting the National Commission for Scheduled Tribes as per the requirement of Article 338-A (9) of the Constitution, the State Government cannot execute Polavaram Project. Shri Kannabhiran and Shri M.V. Reddy referred to letters dated 29.10.2005 and 9.11.2005 and argued that the same cannot be construed as consultation within the meaning of Article 338-A (9) of the Constitution. They emphasized that as a result of submergence of 276 villages of the Scheduled Areas, a large number of Scheduled Tribes will get affected and, therefore, the State Government is duty bound to effectively consult the National Commission for Scheduled Tribes. Shri Kannabhiran then referred to Section 52-A of the Government of India Act, 1919, Sections 91 and 92 of the Government of India Act, 1935, the Ganzam and Vizagapatam Act, 1939, the Scheduled Districts Act, 1874, the debates which took place in the Constituent Assembly on 19.8.1949 and 5.9.1949 on the Fifth Schedule and argued that utilization of the land forming part of Scheduled Areas for construction of dam or execution of Polavaram Project should be treated as acquisition of land and this cannot be done except in accordance with Para 6 of Part ‘C’ of the Fifth Schedule. In support of the argument that consultation should be effective, learned counsel for the petitioners relied on the judgment of the Constitution Bench of the Supreme Court in Union of India v. Sankalchand Himatlal Sheth (1977) 4 SCC 193.” On hearing the arguments of the state and the petitioners, the writ petitions were disposed of in the following terms which have an important bearing for our understanding of the rights of scheduled tribes and special protections to scheduled areas as set out by Sri. Kannabiran: “1) The construction of Polavaram Project does not per se violate Clause VI of the Bachawat Award, provisions of the Environment (Protection) Act, 1986, Forest (Conservation) Act, 1980, Fifth Schedule of the Constitution and the provisions contained in Section 242-F of the Andhra Pradesh Panchayat Raj Act, 1994. However, the construction of dam would be subject to clearance by CWC and approval of the Central Government in terms of Section 2 (ii) of the 1980 Act. 2) The CWC shall, within a period of three months from the date of receipt of a copy of this order, take final decision in terms of Clause VI (1) of the Bachawat Award. Within this period, the Central Government shall dispose of the application made by the State Government in terms of Section 2 (ii) of the Forest (Conservation) Act, 1980. 3) If the CWC does not approve the project within three months, then the State Government shall be free to avail appropriate legal remedies. Similarly, if the Central Government declines approval in terms of Section 2 (ii) of the 1980 Act, then 7500 acres of forest land shall not be used for implementation of the project. However, the State Government shall be free to avail appropriate legal remedies against the refusal, if any, of the Central Government. 4) The State Government shall not displace the people from 276 villages, which will get submerged in Polavaram Dam and those living in the Scheduled Areas, which are affected by implementation of the project, without giving complete effect to the rehabilitation policy. This would necessarily mean that before the dam is filled and the villages are submerged, the affected persons will have to be rehabilitated, re-settled and compensation paid in accordance with the policy. 5) Wherever the State Government acquires land, it shall take possession only after payment of compensation to the landholder in accordance with Section 17 (3-A) of the Land Acquisition Act, 1894. This would necessarily mean that no person shall be dispossessed from the land without prior payment of compensation in terms of that section.”Scheduled Tribe Status of Lingadhari Koyas The second case where I had an opportunity to assist him is a Writ Petition filed by Lingadhari Koyas of Adilabad district in 2007 assailing the action of the Government in issuing a memo in respect of their caste certificates. In that case Sri Kannabiran placed on record the book written by Urmila Pingle and Christoph von Furer-Haimendorf, Tribal Cohesion in the Godavari Valley (1998). In the notification issued under the Scheduled Castes and Scheduled Tribes Order,1950 the ‘Lingadhari Koya’ community in Andhra Pradesh finds place at Entry 18 in part-I. It was the case of the petitioner that members of the ‘Lingadhari Koya’ community of Adilabad district, who were issued Scheduled Tribes certificates till 2006, were denied these certificates thereafter by the respondents resulting in a large number of them being unable to secure admission into professional courses and in employment. The petitioner association submitted a representation to the 1st respondent on 14.02.2007 requesting that Scheduled Tribes certificates be issued to members of the ‘Lingadhari Koya’ community of Adilabad District in accordance with the Presidential Order. The 3rd respondent, by the impugned proceedings dated 19.4.2007 while drawing attention of the4threspondent to the letter dated 20.2.2006, and to the representation of the petitioner dated 14.2.2007, informed him that the department had collected detailed information regarding Lingadhari Koyas residing in Khammam and Warangal Districts and ‘Lingadhari’ a caste group residing in the district of Adilabad. A copy of the report was enclosed to the said letter and the 4th respondent was requested to take necessary action on the claims of ‘Lingadhari Koya’ certificates, and the certificates already issued as ‘Lingadhari Koya’ in Adilabad District, in accordance with the rules framed under Act 16 of 1993. The petitioner contended that the impugned proceedings was issued without any enquiry being conducted, that there was no caste/group by name ‘Lingadhari’ and that ‘Lingadhari Koyas’ residing in Adilabad district could not be deprived of their caste certificates. They submitted that they had earlier filed W.P.No.10557 of 1998 which was disposed of, by order dated 8.7.1998, directing that, as and when applications were received from an individual for grant of Scheduled Tribe Certificate in respect of the ‘Lingadhari Koya’ community, the same should be considered and disposed of by the authorities concerned in accordance with law. They submitted that, although the A.P. Scheduled Castes, Scheduled Tribes and Backward Classes Issue of Community, Nativity and Date of Birth Rules, 1997 vested power in respondents Nos.5 to 13 to issue caste certificates, they were not exercising the powers conferred on them to issue caste certificates in favour of members of the ‘Lingadhari Koya’ community of Adilabad District. By way of an illustration they submitted that though Challury Kavari and Santha had applied for being granted the Scheduled Tribe certificate on 23.05.2007 and the Village Revenue Officer of Bheempur, Narnoor Mandal had enquired and had certified that they belonged to the Schedule Tribe of ‘Lingadhari Koya’, the 4threspondent had refused to receive the applications. And that although applications were submitted by A. Siva Prasad, A. Siva Kumar and A. Srilatha for issuance of Scheduled Tribe certificates enclosing the transfer certificates wherein their caste was shown as ‘Lingadhari Koya’, their applications were also not received. According to the petitioners there were 125 families, belonging to Lingadhari Koya Community in 9 Mandals of Adilabad district, who were aggrieved by the non-issuance of Scheduled Tribes certificate and, as they had a common grievance, they had invoked the jurisdiction of this Court by way of the present writ petition. These arguments were extracted in full detail by the Division Bench of Chief Justice Anil R. Dave and Justice Ramesh Ranganathan in the judgment: “Sri K.G. Kannabiran, Learned Senior Counsel appearing on behalf of the petitioner, would submit…that the 125 families, belonging to the ‘Lingadhari Koya’ community in Adilabad district, were being extended the benefits of reservation as Schedule Tribes from 1950 till 2006 and that it was only on the basis of the impugned order, and the ethnographic report enclosed thereto, were they denied the benefits of reservation as Scheduled Tribes from the year 2007 onwards….He would submit that Article 342(1) of the Constitution of India conferred power on the President, with respect to any State, to specify, by way of a notification, the Tribes or Tribal communities or part of or groups thereof which would be deemed to be Scheduled Tribes of that caste, that power was conferred only on Parliament, under Article 342(2), to exclude any Tribe or Tribal community or part of or group thereof from the list of Scheduled Tribes notified under Article 342(1), that, under the 1950 Presidential order, Lingadhari Koyas in the entire State of Andhra Pradesh belonged to the Scheduled Tribes and that they were not confined only to the Khammam and Warangal Districts… According to the Learned Senior Counsel there was no ground for denying, the 125 Lingadhari Koya families of Adilabad District, the benefits of reservation and issuance of Scheduled Tribe certificates.” The Writ Petition was allowed holding that since the Parliament alone has been conferred the power to exclude a tribe from the list of Scheduled Tribes in the Presidential Order, “The impugned order, which by way of an executive fiat denies the Lingadhari Koyas of Adilabad District the benefits of reservation, is … arbitrary and illegal.” Since Scheduled Tribe status had been conferred from 1950 to 2006 to the Lingadhari Koyas of Adilabad district, “it is also essential that such benefits which …have been extended for more than four decades, is not denied to them on the basis of an ethnographic report prepared behind their back thereby denying them an opportunity of placing evidence, to the contrary, in support of their claim to be Lingadhari Koyas in Adilabad District.” As a result the impugned proceedings dated 19.4.2007, which sought to make a distinction between Lingadhari Koyas of Khammam and Warangal Districts and Lingadhari Koyas of Adilabad district was quashed and the authorities were directed to receive applications submitted by members of the Petitioner Association, and others similarly situated, and consider their case for grant of Scheduled Tribes certificates “in accordance with law, without placing reliance on the ethnographic report enclosed to the impugned order, within a period of three months from the date of receipt of the applications.” The Birlagadda Case The last case Sri. Kannabiran appeared is a case of a slum namely Birlagadda in Kurnool town in 2009. The brief facts of this case are that the land on which these habitations were located belonged to Tungabhadra Industries. Many of these habitants were the workers of Tungabhadra Industries and their dependents. Later the company went in liquidation and the proceedings were initiated by the official liquidator. As a part of those proceedings the liquidator wanted to evict these habitants so that the land can be put to sale to settle dues of banks and other debtors out of the sale proceeds. As there was resistance from the habitants to vacate that place stating that they were landless poor persons and their claims as workers of the company for their dues were pending. The Liquidator moved an application before the Hon’ble court seeking a direction to evict the habitants with the assistance of revenue authorities and police. A survey was conducted by the revenue authorities and report was submitted to the Hon’ble court enumerating all the details of more than 400 habitants. An application was filed by the affected persons to implead them and the same was allowed. As a result all the habitants became parties to the proceedings. Sri KG Kannabiran was instructed to appear on behalf of the habitants. When Kannabiran sir entered the court hall, immediately Justice Nooty Rammohan Rao asked him why he came to court. Kannabiran informed the Hon’ble court about the case in which he was instructed to appear. Hearing this Justice Rao asked why he took all the trouble for that case. “My Lord, I want to have a satisfaction that I have done a good thing before the end of my life,” Kannabiran answered. After hearing and negotiations held between the parties it was decided to resolve the issue amicably by granting certain extent of land owned and belonging to the company under liquidation in favour of the enumerated 418 ‘encroachers’ of Birlagadda lands, most of whom are the former workmen/employees of the company under liquidation or their dependents. By transferring certain portion of the land in their favour on a permanent basis towards full and final settlement of their claim. The proposal was to develop it in to a habitable residential colony, so that each one will secure a plot of a minimum of 48 sq. yards size; have roads of 18′ width; and have some other common facilities, which are so essentially needed for a decent standard of living, such as a community hall, school premises and an open space and an area to be set apart for religious activities. The company’s land to a certain extent of nearly 4.00 acres were also be retrieved simultaneously, free from encroachment which could then be put to sale by the liquidator to discharge the debts due by the company under liquidation to several of its creditors. It is observed in the order that “This arrangement has been worked out by this court with a pious hope that the disputes and recurrent troubles between the workmen on one side and the company on the other will be brought to an end forever and there will not be any further scope for litigation in future. It is also intended to ensure that the standards of living of these workmen will get substantially improved with this arrangement.” That was on 1st May 2009. Kannabiran was very jubilant and his face was glittering with contentment. None of us thought that would be the last occasion on which he would appear in court. But to my knowledge he could not appear in court thereafter. Conclusion A book often quoted by him is Grammar of Politics by Harold J. Laski (1925) and he used to draw the attention to the chapter on judicial process in that book. Sri Varavara Rao while speaking on the eve of release of Kannabiran’s memoirs in Telugu, 24 Gantalu (24 Hours) stated that Kannabiran used tell his juniors that the case files in their hands contain not only papers but also the lives of people. Kannabiran always used deal with each case as if he was dealing with the lives of people involved in that case. Cases Cited AP Girijana Sangam vs. Union of India &Ors. WP No. 19067 of 2005 (Polavaram case). Arka Vasanth Rao And Others vs Govt. Of A.P. And Others, AIR 1995 AP 274 (equivalent citations: 1995 (1) ALT 600 & 1995 (1) ALD 801). M/s Tungabhadra Industries (In Liqn) Represented by Official Liquidator, High Court of Andhra Pradesh vs. District Collector, Kurnool Dt & Ors. Company Application No. 2331 of 2004 in RCC No 22 of 2000. 1st May 2009. The District Lingadhari Koya Tribal Association represented by its President, Mr. J Divakar, Utnoor, Adilabad vs. Government of AP & Ors. WP 22511 of 2007. 12 July 2009.Acknowledgments: I am grateful to Sri. M. A. Gafoor, Ex. MLA, Kurnool for providing copy of the court order in Birlagadda case. I thank Kalpana Kannabiran for her feedback and comments. [V. Raghu has been practicing as an Advocate since 1989 in the High Court of Andhra Pradesh at Hyderabad dealing with civil, criminal and constitutional matters, moving to the High Court of Andhra Pradesh at Amaravathi after state reorganization]. This is the seventh lecture of K G Kannabiran memorial lecture series.First Lecture by Justice B Sudershan Reddy, former Supreme Court Judge -Death Of Democratic Institutions: The Inevitable Logic of Neo-Liberal Political Economy & Abandonment of Directive Principles of State Policy.Second lecture by Advocate B Nalin Kumar -‘A Lawyer With High Principles’ : A Junior Remembers His Senior KG KannabiranThird lecture by Mihir Desai, Senior Advocate -Preventive Detention Laws Allow State To Carve Out Exception For Its LawlessnessFourth lecture by Nithya Ramakrishnan – Trial Lessons From K G Kannabiran: Nitya Ramakrishnan Remembers Parliament Attack CaseFifth lecture by Justice K Chandru : Need For More Kannabirans Felt Now With Ever Increasing Human Rights Violations : Justice K ChandruSixth lecture by Advocate BB Mohan : Criminal Law and Human Rights: ‘Distinctive Discrimination’ and Article 21 Rights to Fair Trial Next Story
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Related posts:No related photos. Comments are closed. Previous Article Next Article Learning for life: Glass injuriesOn 1 Sep 2000 in Personnel Today LifeLong Learning and Continuing Professional Development (CPD) are the processesby which professionals, such as nurses, develop and improve their practice. Thereare many ways to address CPD: formally, through attending courses, study daysand workshops; or informally, through private study and reflection. Readingarticles in professional journals is a good way of keeping up-to-date with whatis going on in the field of practice, but reflecting and identifying what youhave learnt is not always easy. These questions are designed to help you toidentify what you have learnt from studying the article. They will also helpyou to clarify what you can apply to practice, what you did not understand andwhat you need to explore further. 1What method was used in this study of bottle injuries?a)Field trialb) Cohort studyc) Randomised controlled triald) Community trial2For what length of period were questionnaires used to record injuries?a)Three monthsb) Six monthsc) Nine monthsd) 12 months 3What was the average age of the responding bar staff?a)25b) 32c) 28d) 224What percentage of injuries where caused by bottles?a)25 per centb) 34 per centc) 48 per centd) 65 per cent5What type of injuries did drinking glasses cause?a)Scaldsb) Burnsc) Lacerationsd) Fractures6What part of the body was mainly injured?a)Fingerb) Handc) Armd) Other7How many injuries occurred through the handling of bottles to be recycled?a)19 per centb) 10 per centc) 29 per centd) 50 per cent8Why was there a reduction in injuries caused by pint glasses?a)The introduction of toughened glassb) A change in drinking habitsc) A shift away from using glasses to drinking directly from the bottled) All of the above9What recommendations are suggested for improving safety?a)Discard bottles into large containersb) Health and safety guidelines should be establishedc) Ban drinking directly from the bottled) Separate bottles into returnable and non-returnable10What safety recommendations are made regarding manufacture of the bottles?a)Only make bottles of adequate thickness to a set standardb) Only make returnable bottlesc) Only make non-returnable bottlesd) Only make plastic bottles11Which type of glass causes most injuries?a)Wine glassb) Beer tankardc) Straight beer glassd) Whisky tumblerFeedback1c;2b using a book on research or epidemiology study a section on researchmethods such as chapter 3 in Basic Epidemiology 1993, Beagelehole R, et al; 3b;4b; 5c; 6b; 7c; 8d; 9b Refresh your memory on the management of health andsafety at work approved code of practice (HSC 1992) particularly Regulation 4″Health and safety arrangements”; 10a; 11c
Proxy measures of genome-wide heterozygosity based on approximately 10 microsatellites have been used to uncover heterozygosity fitness correlations (HFCs) for a wealth of important fitness traits in natural populations. However, effect sizes are typically very small and the underlying mechanisms remain contentious, as a handful of markers usually provides little power to detect inbreeding. We therefore used restriction site associated DNA (RAD) sequencing to accurately estimate genome-wide heterozygosity, an approach transferrable to any organism. As a proof of concept, we first RAD sequenced oldfield mice (Peromyscus polionotus) from a known pedigree, finding strong concordance between the inbreeding coefficient and heterozygosity measured at 13,198 single-nucleotide polymorphisms (SNPs). When applied to a natural population of harbor seals (Phoca vitulina), a weak HFC for parasite infection based on 27 microsatellites strengthened considerably with 14,585 SNPs, the deviance explained by heterozygosity increasing almost fivefold to a remarkable 49%. These findings arguably provide the strongest evidence to date of an HFC being due to inbreeding depression in a natural population lacking a pedigree. They also suggest that under some circumstances heterozygosity may explain far more variation in fitness than previously envisaged
Back to overview,Home naval-today USCG Cutter Rush Returns from Deployment USCG Cutter Rush Returns from Deployment The crew of US Coast Guard Cutter Rush returned to its homeport Honolulu, Hawaii, following a successful 72-day deployment in the Central and Western Pacific, Monday. View post tag: Navy View post tag: Hawaii View post tag: Defence View post tag: USCG View post tag: americas View post tag: Deployment Share this article View post tag: Cutter Rush View post tag: Returns View post tag: Naval September 30, 2014 View post tag: News by topic Rush departed in July 2014 and spent the last two months conducting operations in the Central and Western Pacific.During the deployment, Rush’s crew coordinated with multiple countries and partner agencies to conduct fisheries boardings in support of the Coast Guard’s living marine resources mission.Rush also participated in international engagement activities in American Samoa, the Republic of the Marshall Islands, Palau, and the Federated States of Micronesia.Rush enforced U.S. foreign fishing laws utilizing embarked shipriders from Tonga, Tuvalu, and Nauru. Rush also enforced Western and Central Pacific Fisheries Commission regulations. Rush’s law enforcement presence increased the Coast Guard’s maritime domain awareness across the Pacific.To enhance detection of fishing vessels, Rush embarked a helicopter and aviation detachment from Coast Guard Air Station Barbers Point. In support of Rush’s deployment, the helicopter crew investigated potential vessels to be boarded and passed critical information regarding their location, course, and speed.Rush is a 378-foot high endurance cutter with a range of more than 13,000 miles and a permanent crew of 160 personnel.[mappress]Press Release, September 30, 2014; Image: USCG Authorities View post tag: Coast Guard
EPD Shares Holiday Shopping Safety TipsNOVEMBER 24TH, 2017 MELANIE ZAYAS EVANSVILLE, INDIANA Evansville Police tweeted word of two people who were arrested for stealing from parked cars at Eastland Mall this afternoon.This brings safe holiday shopping tips in mind. Sergeant Mark Saltzman spoke with 44 News about keeping alert during the holiday season.Sergeant Saltzman says, “When you’re in stores and when you’re shopping, I would tell people to make sure that you keep your purses close, wallets close, don’t leave your carts and your valuables unattended. Always make sure you keep them with you all the time.”Many of the shoppers we talked to were well aware of the possibility of being taken advantage of by criminals. One Black Friday Shopper says, “Like it’s monotonous you know I mean everybody have a job to do and if they don’t have none you know I mean they got to invest in getting a job and they don’t have to worry about stealing.”Evansville Police stress that staying alert of your surroundings – and simple tactics to outsmart thieves are the most important steps in making your holiday shopping experience a safe one.Sergeant Saltzman suggests, “Going from store to store and if you’re storing your items in your car put as many of the items as you can in the trunk or at least cover them up so your items of value aren’t visible or at least easily visible through the windows. It’s gonna give you a better likelihood of your vehicle not being broken into.”He also encourages parents to keep a close eye out for children as well while shopping during the holiday season. If anyone witnesses any suspicious activity whether it’s in a parking lot or inside of a store, please contact Evansville Police.FacebookTwitterCopy LinkEmail
their compliance with legal obligations to prepare and file the charity’s annual financial information the extent to which the trustees have complied with previously issue regulatory guidance The Charity Commission has opened a statutory inquiry into Hindu Community Society (1136595), a charity which exists to promote charitable purpose for the benefit of the Tamil community in Coventry, particularly by advancing the Hindu religion.The Commission has serious regulatory concerns regarding the management and governance of the charity. Despite being previously included in a class inquiry in 2017 for failing to file its financial accounts, the charity’s trustees have failed for the sixth consecutive year to submit the charity’s annual financial information on time. Despite repeated reminders from the Commission in relation to its accounts for the financial year end 2016, 2017 and 2018, the trustees remain in continued breach of their legal duties.Additional concerns arose around the potential loss of £500,000 of charity funds spent on a leased property, from which the trustees were subsequently evicted. The Commission also has concerns about potential private benefit arising from payments made to trustees for employment within the charity.The Commission therefore opened a new statutory inquiry on 14 June 2017 to examine serious concerns of potential misconduct and mismanagement at the charity. The Commission has been unable to announce or progress its investigation before now so as to avoid prejudicing a separate HMRC investigation into the Charity.The Commission’s inquiry will now examine: the trustees’ decision making with regards to expenditure on property leased by the charity the extent to which a properly appointed board of trustees is exercising proper and adequate oversight of the charity’s affairs, in particular; Email [email protected] whether the trustees have avoided or adequately managed potential conflicts of interest and; whether there has been any direct or indirect benefit It is the Commission’s policy, after it has concluded an inquiry, to publish a report detailing what issues the inquiry looked at, what actions were undertaken as part of the inquiry and what the outcomes were. Reports of previous inquiries by the Commission are available on GOV.UK.EndsNotes to Editors The Charity Commission is the independent regulator of charities in England and Wales; our role is to regulate charity trustees’ compliance with the charity law framework. The Commission has not made any conclusions and the opening of the inquiry is not a finding of wrongdoing. the extent to which the trustees are complying with their legal duties to administer, govern and manage the charity, in particular; Press office Press mobile – out of hours only 07785 748787
Read Full Story After experiencing a tragic and truncated end to the 2013 Boston Marathon, race organizers were faced not only with grief but with hundreds of administrative decisions, including plans for the 2014 race – an event beloved by Bostonians and people around the world.One of the issues they faced was what to do about the nearly 6,000 runners who were unable to complete the 2013 race. The Boston Athletic Association, the event’s organizers, quickly pledged to provide official finish times for these runners. Thinking ahead, they also had to consider how to provide these runners with an opportunity to qualify for the 2014 race.To seek advice on these issues, they contacted Richard Smith, a statistician and marathon runner at the University of North Carolina at Chapel Hill, and director of the Statistical and Applied Mathematics Sciences Institute (SAMSI) based in Research Triangle Park, N.C. They asked Smith to come up with a statistical procedure for predicting each runner’s likely finish time based on their pace up to the last checkpoint before they had to stop.“Once I got their email,” said Smith, “of course I knew I had to help them.” Smith already knew the organizers, as a result of a previous occasion when he provided advice related to the event’s qualifying times.
A rolling stone gathers no moss, but for the telecommunications industry, a comet is perhaps a more appropriate analogy. The telecom industry is going through a high speed evolution, zooming into new technologies and destroying the status quo. No longer is it acceptable to wait; the future will not be sustained by ‘long-fingered’ business approaches. Organizations must develop ahead of the wave. And believe me; doing this is not as easy as it sounds.A Look Back So We Can See the FutureIn the past, large network equipment providers (NEPs) were providing systems as appliances for operators. They purchased customized OEM equipment (from our team amongst others) and sold it onto service providers. Dell EMC continues to do this today as the worldwide leader in OEM solutions.However, with the introduction of NFV (if you haven’t read that seminal manifesto from 2012 where the NFV fire was lit, you can check it out here), there is a paradigm shift taking place. If operators want to generate more revenues, they have to become more agile in spinning up (and down) new services.Customer demand for instant everything and data everywhere is putting huge pressure on the system.And with this comes the urgent need to virtualize networks. In this new paradigm, if the operators are to make money out of bringing new services to market, we’re talking about multiple services and multi-tenancy on multi-vendor environments, all operating on the same infrastructure. In short, the infrastructure almost becomes independent of the services and appliances.So what does all this mean for network builders?Network Builders Must Future-ProofThe network builders that I regularly meet with are heavily involved in product development. This includes everything from niche solutions as components of a wider network role, like video transcoding, network monitoring, network acceleration, network analytics and data packet security, through to the bigger network equipment providers building complete solutions for service providers directly. All are focused on providing the building blocks for a dynamic infrastructure environment, fueling hyper scale cloud environments and supporting network virtualization.So where does OEM come into play? While the model is evolving, telecom is still a high touch technical business and realistically one cannot just go out and buy equipment off the shelf, install, and just walk away. Network builders need to provide agile, sustainable solutions through partnerships with experts from the broader ecosystem. In my view, the best approach to future proofing is to invest in a partnership with a world-class OEM solutions provider. At the end of the day, it’s all about ensuring that the right suppliers and partners are at the table to build the best solutions for customers.My Top FiveWhile all of the new telecommunications technologies are critical enablers, I believe that network builders need to be actively exploring additional transformative business models to fully deliver the advances and breakthroughs required in this industry, 5G is not far away. This is most relevant for Network Builders who are also OEMs as they are constantly looking for ways to innovate and achieve the most effective services for their customers.In my book, these are the top five requirements, network builders should be demanding of future OEM partners.An ability to create interoperable software environmentsAsk your OEM provider: do you have testing and lab facilities? Can we create proof of concepts together, and can you help me build out a robust environment for service providers? An ability to provide infrastructure building blocks: compute, storage and networkingA stellar supply chain with global reach and scaleA flexible consumption model with flexible and scalable options for growthAbove all else, insist that your OEM solutions provider adopts a customer-first approach. To succeed, we must all put ourselves in the shoes of an operator and service provider. This must be the starting point for your dialog.Think of it this way – today might be the slowest day ever. Tomorrow’s pace is going to be so much faster. Are you ready?I work for one of the most dynamic businesses in Dell EMC, the OEM Solutions Division, where we have a dedicated team of experts working with telecom industry network players and stakeholder. We are committed to developing and contributing to the broader telecom ecosystem.We’d love to hear from you and welcome your comments and questions.Learn more about Dell EMC OEMKeep in touch! Follow @DellOEM on Twitter, and join our LinkedIn OEM Showcase page here.
Joan Aldous, Notre Dame’s William R. Kenan Jr. professor of sociology emerita, died Wednesday at the age of 88 at the Kindred Transitional Care and Rehabilitation Center in South Bend, according to a University press release.Aldous came to Notre Dame in 1976 and became the first female to hold an endowed professorship at the University at a time when there were few women on the faculty. Until her retirement in 2012, she researched and taught about family sociology, family policy, gender, work and families and intergenerational relationships.In 1988, Aldous helped establish Notre Dame’s Gender Studies Program, the press release stated.“Joan left behind an extraordinary record of scholarship, and her contributions to Notre Dame and to our department are immeasurable,” professor and sociology chair Rory McVeigh said in the press release. “At department lunches held for incoming graduate students, she would inevitably introduce herself by saying, ‘Joan Aldous is my name and family sociology is my game.’“She was a wonderful colleague and friend to many of us who were fortunate enough to get to know her.”Aldous graduated from Kansas State University in 1948 and earned a master’s degree from the University of Texas in 1949, the press release stated. Her doctoral degree in sociology came from the University of Minnesota in 1963, and she was on the faculty there until 1974.Palmer Funeral Home in River Park will handle arrangements, the press release said.Tags: Gender Studies, Joan Aldous, sociology, William R. Kenan Jr. professor of sociology
Vermont Lieutenant Governor Brian Dubie announced this morning that he will run for governor. Ending weeks of speculation over his political future, Dubie said he was ready to take the next step in a political career which started out serving on local boards in his home town of Essex. Dubie has been seen as the most likely choice since Governor Jim Douglas, his Republican counterpart, surprisingly announced on August 27 that he would not seek re-election in 2010.Dubie said in a press release, I have devoted the past few weeks to cross-checking my thoughts with the thoughts of other Vermonters thoughts about where we are as a state and about the challenges we face. I have measured my experience and my capabilities against those benchmarks and have taken a long look at how we could lead our state forward through difficult times.Restoring jobs, restoring opportunity and restoring financial security are at the core of his agenda, he said. Every household in Vermont knows that you can t spend more money than you take in. Our state revenues have fallen precipitously. We need to rebuild our base and work to grow opportunity. We must reject deficits. We need to manage and reduce debt. And finally, we need to rebuild our reserves and work to reduce taxes.He said that a recurring theme for the lieutenant governor is about finding common ground. I tell Vermonters that I m the middle child in a family of six. My mother raised me to be a moderator, a peacemaker. Today, we need moderation in our state. The skill of bringing people with divergent views together has served me well as Lieutenant Governor. Whoever becomes our next Governor, that person will need the ability to bring people together.Dubie said he will make a formal announcement at a later date.Dubie is an airline pilot and former fighter pilot. His focus as lieutenant governor has been on economic development, especially in trying to get Vermont to reach beyond its borders and to develop the state’s aviation industry. He has also been a champion of issues dealing with child welfare.Long considered a conservative, he won the lieutenant governor’s position to a great extent because of a three way vote that included a Democratic and Progressive candidate. Since then, however, his success has come easier and in the last election saw scant opposition.Several Republicans had been chomping at the bit awaiting Dubie’s decision. Despite Dubie’s surprise success in winning the number two job behind Douglas in 2002, the choice of party insiders seemed to be state auditor Tom Salmon. Since Douglas announcement, Salmon has switched party affiliation from Democrat to Republican, citing irreconcilable differences, especially in how the Democratically controlled Legislature has dealt with the state’s finances. Salmon has said all along, however, that he would defer to Dubie in any case. Also in the mix on the Republican side is state Senator Randy Brock, R-Franklin, whom Salmon, now ironically, defeated in a famous re-count for auditor in 2006, when it appeared at first that Brock had narrowly won re-election. Also mentioned is former House Speaker Walter Freed. Freed is not as well known as the two other candidates statewide despite serving two terms as the Legislature’s most powerful man. Freed is a successful businessman from Dorset who is known as a hard-nosed politico and a party favorite.The Democrats started lining up even before Douglas announced his decision. Former Lieutenant Governor and current state Senator Doug Racine, Secretary of State Deb Markowitz and state Senator Susan Bartlett have already announced, and Senate President Pro Tem Peter Shumlin will almost certainly throw his hat into the ring as well.Biography: Lieutenant Governor Brian DubieBrian E. Dubie of Essex Junction, Chittenden County, was born in Burlington, Vermont on March 9, 1959. He is married to Penny Bolio Dubie, and they have four children. Brian was educated in Essex Junction public schools, graduating from Essex Community Educational Center in 1977. Brian is a 1982 graduate of the University of Vermont with a BS in Mechanical Engineering.While a student at UVM, Brian joined the Vermont Air National Guard. Upon graduation, he was trained by the US Air Force in the F-4 Phantom and later the F-16 Falcon fighter aircraft. He continued flying in the Air Guard, while employed by Goodrich Aerospace in Vergennes as a mechanical engineer. He later became an aerospace industry project manager.All told, Brian logged more than 2,500 hours in fighter aircraft. He rose to the rank of Lieutenant Colonel, and was a Commander in the Vermont Air Guard. In 1988, he joined American Airlines, where he is a Captain, flying the MD-80 aircraft. In 1998, he joined the US Air Force Reserve. He is currently an Emergency Preparedness Officer in the National Security Emergency Preparedness Agency. Serving in that role, he earned a Meritorious Service Medal, First Oak Cluster, for his actions in New York following Sept. 11, 2001. In Sept. 2005, Lt. Gov. Dubie served for 2 weeks on the Gulf Coast in the relief effort for victims of Hurricane Katrina, and for his service was awarded the Meritorious Service Medal, Second Oak leaf Cluster, and the Air Force Commendation Medal, First Oak Leaf Cluster, for outstanding achievement at 1st Air Force Hurricane Katrina Operations Center. He is currently a Colonel in the Air Force Reserve.He served on the Essex Junction School Board from 1995 – 2000, and as Chair from 1996 – 2000. He served on the Essex Junction Community Drug Awareness Committee from 1993 – 1995, and as assistant coach for Youth Football and Little League. He has been on the Board of Directors for Vermont Systems, Inc. since 1995.Brian Dubie was first sworn in as Vermont’s 85th Lieutenant Governor on January 9, 2003. He began his fourth term on January 8, 2009.In addition to his duties as presiding officer in the Vermont State Senate, Lt. Gov. Dubie chairs Governor Jim Douglas Homeland Security Advisory Council, made up of representatives of federal, state and local governments, the Vermont National Guard, first responders, law enforcement, emergency managers and public health officials.In March 2005, Governor Douglas appointed Lt. Gov. Dubie as Chair of his newly-created Governor s Commission on Healthy Aging. The 15-member commission, composed of public and private experts from related fields, works to ensure focus and coordination as Vermont works to meet two important goals: containing health care costs and keeping elders active and productive in the community. Lt. Gov. Dubie was a delegate to the 2005 White House Conference on Aging.In October 2006, Lt. Gov. Dubie was elected Chair of the Aerospace States Association, a Washington-based, non-partisan organization of Lieutenant Governors and Governor-appointed delegates, formed to promote a state-based perspective on federal aerospace and aviation policy. In August 2006, he founded the Vermont Aerospace and Aviation Association, whose twofold mission is to stimulate economic development and job growth within the state s aerospace and aviation sector, and to promote math, science and engineering education for Vermont students.Lt. Gov. Dubie is also the Governor s liaison for International Relations, with a special focus on Asia, the nation of Canada and Province of Quebec, and the nation of Cuba, across a variety of areas, including commerce and tourism, environmental issues, agriculture, energy, education, transportation and border security.Lt. Gov. Dubie is a member of the Executive Boards of the National Lieutenant Governors Association and the Green Mountain Chapter of the Boy Scouts of America, and has served on the boards of the Vermont Chapter of the American Lung Association, the and the Governor s Council on International Education. He is on St. Johnsbury Academy s Board of Trustees. He is one of five members of Vermont s State Board of National Forests, is a Certified Tree Farmer, and with his brother, Mark, is a co-owner and co-operator of a 20,000-tap maple sugaring operation, Dubie Family Sugarworks. He is an affiliate of the Vermont Association of Scientists and Engineers (VASE), and a recipient of the New England/Canada Business Council s Annual Leadership Award, the Vermont Chiefs of Police Association s Martin Award, and the National Guard Association of the United States 2007 Charles Dick Medal of Merit. He is a 2008 recipient of American Airlines Order of the Eagle and a 2009 Aspen-Rodel Fellow.Biographical Source: vermont.gov.