Judicial Activism in the Arena of Environmental Law of Bangladesh

AN ASSIGNMENT ON â€Å"JUDICIAL ACTIVISM IN THE ARENA OF ENVIRONMENTAL LAW OF BANGLADESH† Content†¦ TopicPage no. 1. Prologue 1 2. Judicial Activism 3 3. Judicial Restraint 8 4. Difference between Judicial Activism & Judicial Restraint 9 5. General Development and Environment Context of Bangladesh12 6. Major Environmental Issues Facing Bangladesh 14 7. Environmental Law in the Legal Regime of Bangladesh 15 8. Development of Judicial Activism in the Environmental Regime & the ECA 16 9. Administration of Environmental Justice: The Court Cases23 10. Environmental Nuisance should be Mitigated 24 1. Right to Environment 24 12. Access to Justice: Opening up the Horizon of Public Interest Litigation (PIL) 25 13. Right to Participation 25 14. Suo motu Rule against Grabbing Land of Public Garden 26 15. Protecting River from Encroachment 26 16. Checking Industrial Pollution 27 17. Vehicular Pollution to be Reduced 28 18. Judicial Decisions in the Issue of Environment of Bangladesh 29 19. Epilogue 91 Prologue:The issue of environment pollution has become a burning one with the increase of global warming throughout the whole world especially in Bangladesh. The Supreme Courts of different countries are coming forward to meet this issue at the frequent insistence of the environmentalist organizations which are very watchful upon environmental disaster. Though natural calamities cannot be resisted, man-made disasters can be checked to judicial activism i. e. judicial enforcement. With the growing rate of environmental pollution in Bangladesh, judicial activism in the arena of environmental law has been getting stronger here.Before the introduction of the Public Interest Litigation (PIL), there didn’t have any direct access to the court for enforcing environmental issues, but after the introduction of the PIL, environmental issues can directly be settled by the courts. The United Nations Conference on Environment and Development (UNCED) held in Rio de Janei ro from 3 to 14 June 1992 recognized the entitlement of human beings to a healthy and productive life in harmony with nature[1]. The threshold of the Rio Declaration was the recognition of right to evelopment[2] and more importantly sustainable development. With the adoption of Rio, the global community committed to integrate environmental issues into mainstream economic and social policy[3] and reduce and eliminate unsustainable patters of production and consumption[4]. Commitments recorded in the Rio declaration call for legal and judicial activism. When commitment for sustainable development suffers judicial review can be sought on the basis of the Rio principles of ‘common but differentiated responsibilities’[5], ‘polluters pay’[6], ‘precautionary approach’[7] and ‘EIA’[8].While the Rio declaration in Principle 11 requires the states to enact effective environmental legislation and standards, access to judicial and administrati ve review process becomes relevant[9] to uphold people’s rights that such laws would endure. Right to participation and access to environmental decision making process[10] need express legal recognition that the judiciary can safeguard in appropriate instance. The post-Rio developments in the legal and judicial area of Bangladesh have showed respect to the Rio commitments and also the framework of Agenda-21 that requires protection of fragile eco-system and resources.This paper would highlight on the legal and judicial activism in Bangladesh that have contributed in promoting sustainable development and environmental management as pledged by the global community in various international conventions, treaties and protocols. Judicial Activism: Judicial activism is a political term used to describe judicial rulings that are suspected to be based upon personal and political considerations other than existing law. Judicial restraint is sometimes used as an antonym of judicial acti vism.The term may have more specific meaning in certain political contexts. Concerns of judicial activism are closely tied to constitutional interpretation, statutory construction, and separation of powers. Definition Judicial activism refers to â€Å"a philosophy of judicial decision-making whereby judges allow their personal views about public policy among other factors, to guide their decisions, usually with the suggestion that adherents of this philosophy tend to find constitutional violations and are willing to ignore precedent. †[11] If to resolve the dispute, the Court must create a new rule or modify an old one that is law creation. Judges defending themselves acquisitions of judicial activism sometimes say they don’t make law, they only apply it. It is true that in our system, judges are not supposed to and generally don’t make new law with the same freedom that legislatures can and do; they are, in Oliver Wendell Holmes’s phrase, ‘confined from molar to molecular motions. ’ The qualification is important, but the fact remains that judges make, and do not just find and apply law. †[12] Judicial activism† is frequently used in political debate without a clear definition, which has created some confusion over its precise meaning. Bradley Canon posited six dimensions along which judge courts may be perceived as activist are:[13] †¢ Majoritarianism— This dimension takes into account the degree to which policies adopted through the democratic process are judicially overturned. †¢ Interpretive stability— This dimension takes into account the degree to which court decisions alter earlier decisions, doctrines, or constitutional interpretations. Interpretive fidelity— This dimension takes into account the degree to which constitutional provisions are interpreted contrary to the clear intentions of their drafters, or the clear implications of the language used in the provision. †¢ Substance/democratic process— This dimension takes into account the degree to which judicial decisions make substantive policy, as opposed to acting to preserve the democratic political process. †¢ Specificity of policy— This dimension takes into account the degree to which a judicial decision establishes policy itself, as opposed to leaving discretion to other agencies. Availability of an alternate policymaker— This dimension takes into account the degree to which a judicial decision supersedes or inhibits serious consideration of the same problem by other government agencies. Origins Arthur Schlesinger Jr. introduced the term â€Å"judicial activism† to the public in a January 1947 Fortune magazine article titled â€Å"The Supreme Court: 1947. â€Å"[14] According to Keenan Kmiec, in a 2004 article in California Law Review: Schlesinger's article profiled all nine Supreme Court justices on the Court at that time and explained the alliances and divisions among them. The article characterized Justices Black, Douglas, Murphy, and Rutledge as the â€Å"Judicial Activists† and Justices Frankfurter, Jackson, and Burton as the â€Å"Champions of Self Restraint. † Justice Reed and Chief Justice Vinson comprised a middle group. †[15] Debate Detractors of judicial activism charge that it usurps the power of the elected branches of government or appointed agencies, damaging the rule of law and democracy. 16] They argue that an unelected or elected judicial branch has no legitimate grounds to overrule policy choices of duly elected or appointed representatives, in the absence of a real conflict with the constitution. [citation needed] In some instances, government regulation by appointed officers in government agencies are overturned by elected judges. Defenders of judicial prerogatives say that many cases of so called â€Å"judicial activism† merely exemplify judicial review, and that courts must upho ld existing laws and strike down any statute that violates a superseding law.For example, ruling a statute is unconstitutional because it conflicts with the Constitution of a jurisdiction. However, detractors of judicial activism retort that neither democracy nor the rule of law can exist when the law is merely what judges presently say it should be. Defenders counterclaim that indeed this is precisely what the role of the judiciary is, namely to interpret the law. Detractors argue that the discretion of judges must be limited e. g. by the intentions of lawmakers and appointed or elected government officers, or else any group of people ngaged in any behavior could become a judicially protected minority, and any law could be subverted by the predilections of elected or appointed judges. Some proponents of a stronger judiciary argue that the judiciary helps provide checks and balances and should grant itself an expanded role to counterbalance the effects of transient majoritarianism, i. e. there should be an increase in the powers of a branch of government which is not directly subject to the electorate, so that the majority cannot dominate or oppress any particular minority through its elective powers. 17] Moreover, they argue that the judiciary strikes down both elected and unelected official action, that in some instances acts of legislative bodies reflect the view the transient majority may have had at the moment of passage and not necessarily the view the same legislative body may have at the time the legislation is struck down, that the judges that are appointed are usually appointed by previously elected executive officials so that their philosophy should reflect that of those who nominated them, that an independent judiciary is a great asset to civil society since corporations and the wealthy are unable to dictate their version of constitutional interpretation with threat of stopping political donations. Examples The following have been cited as examples of judicial activism: †¢ Mercein v. People – 1840 Connecticut transfers absolute sovereignty over children from parents to the State †¢ Dred Scott v.Sandford – 1857 Supreme court ruling that ruled that people of African descent imported into the United States and held as slaves, or their descendants—whether or not they were slaves—were not protected by the Constitution and could never be citizens of the United States †¢ Plessy v. Ferguson – 1896 Supreme Court ruling declaring racial segregation as constitutional †¢ Brown v. Board of Education – 1954 Supreme Court ruling ordering the desegregation of public schools †¢ Griswold v. Connecticut – 1965 Supreme Court ruling striking down a Connecticut ban on contraception for unmarried individuals †¢ Loving v. Virginia – 1967 Supreme Court ruling striking down Virginia's ban on interracial marriage †¢ Roe v. Wade – 1973 Supreme Court ruling stablishing a constitutional right to abortion †¢ Bowers v. Hardwick – 1986 Supreme Court ruling upholding the constitutionality of Georgia's sodomy law. †¢ Bush v. Gore – 2000 Supreme Court ruling that resolved the 2000 presidential election in favor of George W. Bush. †¢ Lawrence v. Texas – 2003 Supreme Court ruling striking down Texas's criminalization of sodomy †¢ In re Marriage Cases – 2008 California Supreme Court ruling establishing a constitutional right to gay marriage †¢ Citizens United v. Federal Election Commission – 2010 Supreme Court decision overturning Congressionally enacted limitations on corporate political spending[18]Judicial Restraint: Judicial restraint is a theory of judicial interpretation that encourages judges to limit the exercise of their own power. It asserts that judges should hesitate to strike down laws unless they are obviously unconstitutional. [19] It is sometimes regarded as the opposite of judicial activism. In deciding questions of constitutional law, judicially-restrained jurists go to great lengths to defer to the legislature. Judicial restraint requires the judge to uphold a law whenever possible. Former Associate Justice Felix Frankfurter, a Democrat appointed by Franklin Roosevelt, is generally seen as the â€Å"model of judicial restraint. â€Å"[20]Judicially-restrained judges respect stare decisis, the principle of upholding established precedent handed down by past judges. When the late Chief Justice Rehnquist overturned some of the precedents of the Warren Court, Time Magazine said he was not following the theory of judicial restraint. Difference between Judicial Activism & Judicial Restraint: Judicial activism and judicial restraint are two opposing philosophies when it comes to the Supreme Court justices' interpretations of the United States Constitution; justices appointed by the President to the Supreme Court serve for life, and thus whose decisio ns shape the lives of â€Å"We the people† for a long time to come.Judicial activism is the view that the Supreme Court and other judges can and should creatively (re)interprets the texts of the Constitution and the laws in order to serve the judges' own visions regarding the needs of contemporary society. Judicial activism believes that judges assume a role as independent policy makers or independent â€Å"trustees† on behalf of society that goes beyond their traditional role as interpreters of the Constitution and laws. The concept of judicial activism is the polar opposite of judicial restraint. Judicial restraint refers to the doctrine that judges' own philosophies or policy preferences should not be injected into the law and should whenever reasonably possible construe the law so as to avoid second guessing the policy decisions made by other governmental institutions such as Congress, the President and state legislatures.This view is based on the concept that judg es have no popular mandate to act as policy makers and should defer to the decisions of the elected â€Å"political† branches of the Federal government and of the states in matters of policy making so long as these policymakers stay within the limits of their powers as defined by the US Constitution and the constitutions of the several states. Marbury v. Madison, one of the first US Supreme Court cases asserting the power of judicial review, is an effective argument for this power; however, it lacks direct textual basis for the decision. John Marshall managed to get away with this deficiency because of the silence on many issues and the vague wording of the Constitution.Marshall was also the first to interpret the Constitution loosely, also known as judicial activism. During his term as Supreme Court Chief Justice, Marshall was also successful in loose constructionism through other landmark Supreme Court cases such as Gibbons v. Ogden (â€Å"Emancipation Proclamation† of commerce), and McCulloch v. Maryland (whose decision stated that the states cannot tax a federal bank). These landmark decisions were the basis and the precedent for future Supreme Court cases, and had also provided a means through which the Supreme Court can question the law and even possibly change different facets of life affecting the present and future of â€Å"We the people. â€Å"Liberals and Democrats tend to favor judicial activism as it opens new doors to interpretation and experimentation. However, those that favor judicial restraint on the other hand, and thus favor the status quo and the strict construction of the Constitution are conservatives and Republicans. Two landmark Supreme Court decisions that strictly interpreted the Constitution for its literal meaning were Dred Scott v. Sanford and Plessy v. Ferguson. In the Dred Scott case, the Supreme Court ruled that African Americans did not have the right to sue for their freedom, since they were seen strictly by t he law as property and not even citizens of the United States. As well, in Plessy v.Ferguson the Court ruled that segregation of public schools was not unconstitutional, even though African Americans were still seen as equal citizens due to the 14th Amendment to the Constitution (â€Å"separate but equal†). However, this particular case was then overturned by Brown v. Board of Education, Topeka, Kansas in 1954. The Brown decision, unlike that of Plessy v. Fergusion and Dred Scott v. Sanford expressed judicial activism and ruled racial segregation unconstitutional. Many will protest that the people do not elect the Supreme Court Justices and therefore the Supreme Court should not have the power of judicial activism and change the law of the land.However, as one critic points out, â€Å"No institution in a democratic society could become and remain potent unless it could count on a solid block of public opinion that would rally to it's side in a pinch. † However, anticip ating the nominees to the Supreme Court most likely to be forwarded to the US Senate for confirmation by President George Walker Bush, since Bush is a conservative, he is most likely to favor the philosophy of judicial restraint. Clearly, the Supreme Court is ultimately responsible to the will of the people, and the future ramifications of said choices may indeed lean toward judicial restraint more often than judicial activism, thus favoring the status quo and earlier precedents set by previous Supreme Court decisions.By maintaining independence from politics, the Justices avoid the major problems of political parties and party platforms. Furthermore, the Supreme Court's small size allows the Constitution to speak with a unified voice throughout the country. General Development and Environment Context of Bangladesh: Bangladesh with a total area of 147570 sq. km is home to some 140 million people of which 49 percent are women. The country’s network of 230 rivers runs across 24 140 km[21]. Forests comprise 14 percent of the total land area. Eighty percent of the population is rural. One half of the population lives in poverty and one third in extreme poverty.A further 20 percent of the population are tomorrow’s poor; those who will join the ranks of the poor given the current trends of development and ecological degradation. The agrarian economy of Bangladesh accounts for one-third of the GDP and employs two-thirds of the labour force[22]. The fisheries sector employs about 1. 2 million people[23] while the employment in the forests sector is about 2 percent of the total labour force[24]. Fish still remains the major source of proteins for 60 percent Bangladeshis. Life and livelihoods in Bangladesh, especially for the poor, depends deeply on nature. Any undue interference with water, land, forest, fishery and other environmental resources would inevitably impact the lives of the people of whom 47. percent are income poor and 76. 9 percent capability poor[25]. The relationship of the people of Bangladesh with nature cannot be overemphasized and can be stated from the words of the Secretary General of the UN Mr. Kofi Anan. â€Å"The great majority of Bangladeshis live in rural areas, on the frontlines of resources management, natural disaster and environmental awareness. For them the relationship between human beings and the natural world is a daily reality, not an abstract idea. Our biggest challenge in this new century is to take an idea that seems abstract sustainable development and turn it into a daily reality for the entire world’s people. â€Å"[26]Over time, the gradual degradation of resources particularly land, contamination of water, loss of fisheries, traditional species and depletion of forests became visible in Bangladesh with adverse impact on life and livelihood. In the last decade or so, environmentalists in Bangladesh, the state organs and the citizens groups have rightly identified the depletion of en vironmental resources as a major cause of poverty in the country. There are certain environmental concerns and factors that are the result of activities originating beyond the frontiers of Bangladesh. These include legal questions relating to the use of natural resources like the waters of shared rivers, environmental hazards like the frequent floods, droughts and salinity, global warming, climate change and so on.The efficacy of the environmental legal system in certain areas is dependent on attitudes of neighboring countries and so cannot be redressed unilaterally. The Constitution of Bangladesh affirms commitments to international laws and principles, and Bangladesh is a signatory to most major international conventions, treaties, and protocols on environment. Major Environmental Issues Facing Bangladesh:[27] A. Regional/Global: †¢ Ecological changes due to share water disputes †¢ Maritime boundary dispute and a weaker regime on marine resources †¢ Greenhouse effec t and its consequence on Bangladesh, global warming and climate change †¢ Refugees and migration †¢ Ecological effect caused by trans-boundary acts International trade and environmental regimes such as Trade Related Intellectual Property Rights (TRIPs), General Agreement on Tariff and Trade (GATT), World Trade Organization (WTO), Climate Change Protocols, Convention on Biological Diversity and so on. B. National: †¢ Population and poverty †¢ Degradation of resources (inadequate policies) †¢ Conflict of development with environment; illiteracy vs. ignorance †¢ Pollution of water, air and soil †¢ Destruction of mangrove, tree cover and firewood †¢ Loss of fisheries †¢ Unplanned human settlement †¢ Unplanned urbanization and industrialization †¢ Loss of wildlife †¢ Natural hazards (also to include river erosion) †¢ Contamination of ground water Environmental Law in the Legal Regime of Bangladesh: Sources of Environmental Laws:The main sources of environmental law are the Constitution, statutory laws and by-laws, customs, traditional perceptions and practices, international conventions, treaties and protocols. An investigation into the statutory laws prevailing in Bangladesh would reveal that there are about 187 laws that deal with or have relevance to environment. The compartmentalized administration of the statutory enactment would place the laws on environment under several heads. These would include, land use and administration, water resources, fisheries, forestry, energy and mineral resources, pollution and conservation, wildlife and domestic animals, displacement, vulnerable groups, relief and rehabilitation, local government, rural and urban planning and protection.The laws on physical environment do address issues like occupational rights and safety, public safety and dangerous substances, transportation and safety, cultural and natural heritage and so on. The environmental legislation are s ectorally compartmentalized especially the substantive and administrative rules. The procedural rules for the Courts to administer these laws would be derived mostly from the same general codes, e. g. , the Civil Procedure Code, 1908, the Criminal Procedure Code, 1989 and the Evidence Act, 1872. Development of Judicial Activism in the Environmental Regime & the ECA: The law that deals specifically with environment is the Environment Conservation Act (ECA), 1995[28].The Act has come into force since the June 1995 and to some extent has recognized the Rio principles of precaution, polluters’ pay and people’s participation. The ECA has replaced the earlier Environment Pollution Control Ordinance, 1977 and has added new dimension to environment management by making a shift from ‘pollution control’ to ‘environment conservation’. The recent amendment of the Act in 2002 has given the provisions of the law overriding effect over all other laws[29]. Ac cording to section 2(d) of the ECA environment shall include water, air, land and physical properties. The inter relationship among and between these components of environment and human and other living beings, plants and micro-organisms are also included in the broader definition of environment.The ECA has established the Department of Environment (DoE) and has authorized its Director General (DG) to take all such steps as are necessary for the conservation of environment, improvement of environmental standard and control and mitigation of pollution[30]. In line with Section 11 of the Agenda 21 that calls for conservation and management of resources for development, the ECA in Section 5 has authorized the government to declare areas of great ecological importance as Ecologically Critical Area. Such legal authority would allow the government to declare fragile eco systems as critical or protected areas and bring them under special management system. Section 5 of the ECA reads as fol lows: Declaration of Ecologically Critical Area – (1) If the Government is satisfied that due to degradation of environment the eco-system of any area has reached or is threatened to reach a critical state, the Government may, by notification in the official Gazette, declare such area as ecologically critical area. The Government shall specify, in the notification provided in subsection (1) or in any other separate notification, which of the operations or processes shall be carried out or shall not be initiated in the ecologically critical area. † Under Section 5, the Ministry of Environment and Forests (MoEF) has already declared 8 areas including one mother fishery (wetland), fragile coral island, part of world’s largest mangrove forest as ecologically critical areas[31] and has brought them under special protective measures.Such initiative of the Government of Bangladesh strongly supports its commitment expressed under the various CTPs including the Convention in Biological Diversity, 1992 and the Convention on Wetlands of International importance Especially as Waterfowl Habitat, 1971. Most recently, the cabinet on 22 July 2002 has approved the International Convention on Oil Pollution Preparedness Response and Cooperation, 1990 paving the way to protect its territorial water from oil pollution. Section 2(1) of the Act defines ‘wastes’ and authorizes the Government to determine the standard for discharge and emission of waste including radioactive wastes [Section 20(2)(e)]. Hazardous substance has also been defined [Section 2(i)] and the Government has been authorized to lay down rules for environmentally sound management of hazardous substances and toxic wastes.Although the Government is yet to exercise its rule making powers, these legal developments correspond to the accepted framework of Agenda 21 calling for environmentally sound management of hazardous wastes and substances. At the national frontier, the Government in exercise of its powers under the Agricultural Pesticides Ordinance, 1971[32] has banned the import of ten pesticides for their hazardous impact on vegetation human and animal life[33]. Worth mentioning, Bangladesh has ratified the Basel Convention on the Control of Trans-boundary Movements of Hazardous Wastes and their Disposal, 1989. The country has also signed the recently adopted Stockholm Convention on Persistent Organic Pollutant, 2001 on 23 May 2001. Section 12 of the ECA incorporates the precautionary principle by requiring ndustrial unit or projects to be established after obtaining environmental clearance from the DoE. Any violating unit may be shut down by the DG, DoE. The amended ECA[34] empowers the government to ban products that are harmful to environment and the government, with active participation from the people, has been very successful in banning the production, use and sale of polythene products below 20 macron. The most significant advancements after the enactm ent of the ECA have been the setting up of quality standard for air, water, noise and soil and the formulation of environmental guidelines to control and mitigate pollution. The setting up of such standards has been done through the Environment Conservation Rules framed in 1997.The Rules have detailed out the development where environmental impact assessment (EIA) would be necessary. This has made EIA mandatory for specified projects and industries although procedural details of EIA are yet to follow. The Government may think of making the EIA process participatory ensuring access in decision-making process. The ECA has made it an offence to discharge excessive pollutants and causing damage, direct or indirect, to eco-systems. Sections 7 and 9 of the ECA have in effect incorporated the principle of ‘polluters pay’. Under Section 7 the DG shall require any person including companies responsible for pollution to adopt corrective measures and also to pay good the losses ca used by such pollution.In the event of failure by the polluter to prevent emission of excessive discharge the DG shall initiate the needed remedial measures and the expenses incurred shall be recovered from the polluter as public demand[35]. The ECA tends to ensure access to administrative proceedings and also to participation in the decision making process. Section 8 of the ECA allows a person affected or likely to be affected from the pollution or degradation of environment to apply to the DG for remedying the damage or apprehended damage. The DG may adopt any measures including public hearing for setting such grievance. Under the original Act, cognizance of offence by the courts required a written report from the DG. The requirement of report from DG, DoE would have adverse affect on right to justice. Fortunately, the original Act has been amended in a positive fashion.The requirement of written report although still valid, may be relaxed at the discretion of the judiciary if the re appears to be a prima facie case and also failure on part of DoE to take proper initiative. Amended Section 4A of the ECA has required all statutory agencies to render assistance and services to the DG on his request. Violation of the provisions of the Act has been made an offence and may be visited with a penalty of Taka 10 lakh and/or 10 years of imprisonment[36]. The Act has recently been amended to provide for different punishment for violation of different provisions. For proper implementation of the ECA, it has been proposed to set up environmental courts in the six administrative divisions of the country[37].The proposed courts would administer the environmental offences under the ECA and also other laws as may be notified by the Government in official Gazette. This revolutionary step aims at ensuring speedy trial and disposal of environmental cases. The Act provides in details the investigation and trial procedure for the Courts comprising of members of the subordinate ju diciary. Section 9 of the Act empowers the Environmental Courts to use the fine realized as compensation for the people affected by the environmental offence. The judges for two environmental courts have already been appointed and it is expected that the judicial system will start functioning soon. An amendment to the Forest Act, 1927 in 2000[38] has provided scope for public participation in environmental resource management.The newly added section 28A has given express legal recognition to the concept of social forestry and has empowered the government to make rules requiring an ‘agreed upon management plan’ for social forestry programmes. The rules are in the process of finalization. Another significant piece of law enacted in 2000 is the Open Space Protection Act, 2000[39]. With proper implementation of the law, the respective authorities can protect the natural water bodies including the flood plains of the urban areas from filing up for the sake of urbanization an d development. In addition, legal regime on environment contains provisions recognizing customary rights over forest[40], access to open water fisheries[41] and participation in the development process while finalizing water related schemes[42] and master plan for urban areas[43].Legal regime provides punishment against pollution of territorial waters[44] and prohibits pollution of air, water and soil from agricultural, fishery, industry, vehicle and other sources[45]. Environmental resources like forest and fishery have been given special status for protection purposes. Administration of Environmental Justice: The Court Cases: On the fact of activism by the civil society, the judiciary in Bangladesh has started responding to cases seeking environmental justice. Judicial activism contributes to proper implementation of environmental laws and allows the vast majority of the backward section access to the justice system.As a result of progressive interpretation by the judiciary of som e constitutional and legal provisions, ‘public interest litigation’ (PIL) and ‘right to environment’ have received express legal recognition. The cases decided by the judiciary have tended to activate the executive, create wider awareness and affected the value system of the administration and the society. In the cases on environment decided so far by the judiciary, directions have been given to the government agencies to perform their statutory functions. All these decided cases have addressed issues on sustainable development, precautionary principle, participation and access and are rather landmark decisions. With increased number of PILs in Bangladesh, it can now be said that the environmentalists and the civil society places confidence in the judiciary n redressing the grievance of the downtrodden and the deprived. In deciding some of the cases the judiciary has endorsed the innovations that justice require in one recent incident, the High Court even i ntervened and issued suo moto rule to protect a public garden from encroachment. Environmental Nuisance should be Mitigated: Judicial recognition for protection of environment was first recorded by the High Court[46] in a case that challenged nuisance during election campaign. The judiciary disposed of the case on assurance from the Attorney General to take measures against defacing of public and private property in the name of election campaign. Right to Environment:The judiciary, while deciding on a case involving importation of radiated milk[47] attached broader meaning to the constitutional ‘right to life’ and held â€Å"Right to life is not only limited to the protection of life and limbs but extends to the protection of health and strength of the workers, their means of livelihood, enjoyment of pollution-free water and air, bare necessaries of life, facilities for education, development of children, maternity benefit, free movement, maintenance and improvement of public health by creating and sustaining conditions congenial to good health and ensuring quality of life consistent with human dignity. † Access to Justice: Opening up the Horizon of Public Interest Litigation (PIL): In an appeal from the judgment of the High Court Division dismissing a writ by a local environmentalist group on ground of locus standi, the Appellate Division of the Supreme Court of Bangladesh in its historic judgment dated 25 July 1996 granted standing to the ground[48].In allowing the appeal, the judiciary interpreted the constitutional requirement of â€Å"aggrieved† in ways beyond the strict traditional concept. The appeal being allowed is a landmark decision in addressing the constitutional knot and riddle that have been prevailing on the threshold question as to who is an â€Å"aggrieved person† for last twenty four years history of our Constitution. The decision opened up the horizon of PIL in Bangladesh and since then the judiciary has en tertained a good number of cases on environmental grievances. Right to Participation: On application from a local environmental group, the High Court Division (HCD) of the Supreme Court also intervened to judge on the legality of a development project called the Flood Action-Plan-20[49].The petitioner accused the authorities of violating a number of laws that ensure people’s participation in the decision making process, provide for compensating affected people for all sorts of loss and protecting the national heritage. The Court delivered judgment on 28 August 1997 and observed, â€Å"†¦ in implementing the project the respondents (government) cannot with impunity violate the provisions of law†. The Court directed the authorities to execute the work in compliance with the requirements of law that guarantee right to participation and compensations. Suo motu Rule against Grabbing Land of Public Garden: The Court has been active in protecting the environment in speci fic class action, and it has also given rules, suo motu, questioning blatant violations of the state’s obligations to protect and preserve the environment.In one such case, the High Court Division (HCD) issued a suo moto rule when, in violation of an earlier order of the Court to maintain status quo, gunned hoodlums attempted to encroach upon 2. 8 acres land of the only public garden of old Dhaka for construction of hotel therein. Protecting River from Encroachment: On application from an environmentalist group[50] seeking judicial intervention to protect the only river flowing through Dhaka from illegal encroachment, the HCD directed the concerned statutory authorities to submit before the Court an action plan setting out definite time frame and measures to be undertaken for removing the encroachers. Following the petition, the government acted to remove the encroachers and the river now stands free from illegal occupation.Taking from the learning of this case, the governmen t has constituted an inter-ministerial committee to remove illegal occupation from the other rivers of the country. Checking Industrial Pollution: In a recent decision, the HCD gave directions to check indiscriminate pollution of air, water, soil and the environment by 903 industries belonging[51]. These industries were identified polluters by the Ministry of Local Government, Rural Development and Co-operatives (LGRDC). The 14 sectors include Tanneries, Paper and Pulp, Sugar Mills, Distilleries, Iron and Steel, Fertilizer, Insecticide and Pesticide Industries, Chemical Industries, Cement, Pharmaceuticals, Textile, Rubber and Plastic, Tyre and Tube and Jute.An official notification of the government directed the Department of Environment (DoE), the Ministry of Environment and Forests (MoEF) and the Ministry of Industries to ensure within three years that appropriate pollution control measures were undertaken by the identified polluting industries. The Notification also required the said authorities to ensure that no new industry could be set up within pollution fighting devices. When no measure was taken even after the lapse of eight years, the above petition was filed. After a lengthy hearing, the Court directed implementation of the directions given in the notification. To ensure implementation of the Court order, it was required from the respondents to report to the Court after six months by furnishing concerned affidavit showing compliance. The Court held it mperative on the part of the DG, DoE to take penal action against such department or persons responsible for not implementing the ECA, 1995. Vehicular Pollution to be Reduced: The HCD, in a recent decision, gave a comprehensive judgment[52] to fight vehicular pollution at different from. The six directives of the Court required the authorities to – †¢ Phase out all two-stroke vehicles from city streets of the Capital by December 2002 †¢ Convert all petrol and diesel-fuelled government vehicles into Compressed Natural Gas (CNG) powered within six months †¢ Enforce the prohibition on use of pneumatic horns within 30 days †¢ Check fitness of vehicles using computerized system with immediate effect Follow international standard of fuel by reducing or eliminating toxic elements †¢ Set up adequate number of CNG filling stations within six months and ensure that all cars imported since July 2001 is fitted with catalytic converter. This petition also has been kept pending for further monitoring. The other pending cases on environment involves preservation up of lakes, flood flow zones and rivers, encroachment over rivers, violation of construction law, pollution from brick fields, environmental hazards of shrimp cultivation, destruction of hills, gas explosion without environmental impact assessment (EIA), compensation for environmental damages and so on.Judicial Decisions in the Issue of Environment of Bangladesh: The concept of public interest litigation as has emerged into the judicial administration of Bangladesh is yet to mature with the concept of justice guaranteed by the Constitution. This is a crucial concept in a country like ours where 65% of the total populace have no or less access to judiciary although the constitution commits for equality before law, justice, right to life and equal enjoyment of fundamental rights by all citizens. With obvious socio-economic constraints and a long history of feudal past, the realization of legally recognized rights is still subject for movement by various social and pressure groups.In recent time the movement for enjoyment of rights took a new dimension as the potential of judiciary is being increasingly emphasized by the activists and the courts are dealing with cases seeking relief against administrative anarchy and ignorance. It was interesting to note that the concept of PIL is developing in Bangladesh as a performance of public duty by some citizens groups holding or advocating in support of progressive ideologies. Thus in 1994 a petition was first taken before the High Court by a national non-governmental organization called Bangladesh Environmental Lawyers Association (BELA) on behalf of the people of a locality where a disputed development action was being implemented. The petition was at first rejected by the court on the ground of standing of the organization.An appeal was preferred from that rejection where the core question was whether groups like BELA with dedicated and sincere record of activism can claim to have acquired sufficient interest to seek judicial redress against anarchy in its own field of action. The question was vital as it was a constitutional requirement under Article 102 that it is only â€Å"a person aggrieved† who can file petitions for enforcement of fundamental rights. Being responded by the Supreme Court in the positive this became the turning point in the history of PIL in Bangladesh. BELA that led the movement for open ing up the horizon of PIL in Bangladesh has filed the cases noted below: 1. Dr. Mohiuddin Farooque v. Election Commission & others Writ Petition No. 186/1994 (Nuisance during Election Campaign)The first ever-environmental litigation was filed in 1994 in the form of a Writ Petition in the High Court Division of the Supreme Court of Bangladesh by a group of environmental lawyers called the Bangladesh Environmental Lawyers Association (BELA). It was filed against the four authorities of the Government responsible for the enforcement of various civic rights, and accordingly, the respondent was the State. The election of the four Municipal Corporations of the country, held at the beginning of this year, evidenced gross violation of some legal obligations and, consequently, interfered with the various rights of the people. The unlawful activities created by the election campaign resulted in encroaching on public properties, restricting and depriving the rights to life, property, enjoyment of public resources, etc. of the city dwellers.The footpaths and other public places were saturated with election camps; incessant use of loudspeakers and other noisy instruments rendered life miserable; the walls of the four major cities of the country where the elections were being held were all covered with election slogans; unscheduled and unregulated processions created serious traffic jams, and so on. Repeated appeals by the Election Commission for showing respect to the laws of the country were virtually ignored. All this anarchy prompted the institution of a petition where the Hon’ble Court issued rule nisi upon the respondents asking them to show cause as to why they should not be directed to comply with the directive issued by the Election Commissioner touching upon the various acts and laws and rules.The Court also considered the prayer of the petitioner to restrain the Election Commissioner from holding the election till full compliance with the respondents. The rule, however, was disposed of, following assurance from the Attorney General that the Government would take all necessary steps to implement all the directives of the Election Commission. 2. Dr. Mohiuddin Farooque v. Bangladesh & others Writ Petition No. 891/1994 (Industrial Pollution Case) In 1994 BELA filed this Writ Petition seeking relief against indiscriminate pollution of air, water, soil and the environment by 903 industries of 14 sectors identified as polluters by the Ministry of Local Government, Rural Development and Cooperatives (LGRDC) vide Gazette notification dated 7 August 1986.The 14 sectors include Tanneries, Paper and Pulp, Sugar Mills, Distilleries, Iron and Steel, Fertilizer, Insecticide and Pesticide Industries, Chemical Industries, Cement, Pharmaceuticals, Textile, Rubber and Plastic, Tyre and Tube and Jute. The Notification of 7th August 1986 directed the Department of Environment (DoE), the Ministry of Environment and Forests (MoEF) and the Ministry of Indus tries to ensure within three years that appropriate pollution control measures were undertaken by those industries. The Notification also required the said authorities to ensure that no new industry could be set up without pollution fighting devices. But unfortunately, even after the lapse of eight years when no measure was taken the above Petition was filed.After seven years since the date of filling of the petition on the 15 July of 2001, the court has directed the Directed General, Department of Environment to implement the decision taken with regard to mitigation of pollution by 903 industries identified as polluters within the time frame of six months from the date of the judgment. The Petitioner pleaded that the ecological system of the country more particularly the air and water including the major rivers (Buriganga, Surma, Karnaphuli and so on) are being severely affected by the identified 903 industries and that no affirmative action has been taken in furtherance of the dec isions of the Gazette dated 7th August, 1986.Rather the number of polluting industries has multiplied as the recent list prepared by the DoE shows that the number of polluting industries have risen up to 1176. The Court earlier issued Rule Nisi to the Respondents including the LGRDC, Ministry of Environment and Forest, Ministry of Industries and Department of Environment to show cause as to why they should be directed to implement the decisions of the Government dated 5 June, 1986 which was published in the official Gazette. After hearing the Petitioner, the Rule has been made absolute today and the DG, DoE has been directed to â€Å"Report to this Court after six months by furnishing concerned affidavit showing that compliance of this Order of this Court†. To ensure implementation of the Court irections, the Hon’ble High Court further held that â€Å"It will be imperative on the part of the Director General to take penal action against such department for persons who are responsible for not implementing the letter of the Environment Conservation Act, 1995. † 3. Dr. Mohiuddin Farooque v. Bangladesh & others Writ Petition No. 300/1995 (Vehicular Pollution Case) This writ petition was filed by BELA seeking appropriate direction upon the Respondents to perform their statutory public duties and functions for controlling environmental pollution created by motor vehicles and to take effective measures to ensure the most appropriate mitigative measures, devices and methods to prevent further aggravation and danger to life and public health.The petition was filed against 13 Respondents, namely, (1) The Secretary, Ministry of Communications; (2) The Chairman, Bangladesh Road Transport Authority; (3) The Secretary, Ministry of Home Affairs; (4) The Commissioner, Dhaka Metropolitan Police; (5) The Secretary, Ministry of Environment and Forest; (6) The Director General, Department of Environment; (7) The Dhaka City Corporation; (8) The Secretary, Mini stry of Health & Family Welfare, (9) The Secretary, Ministry of Commerce, (10) The Secretary, Ministry of Energy and Mineral Resources, (11) Chairman, Bangladesh Petroleum Corporation, (12) The Secretary, Ministry of Industries, and (13) The Bangladesh Standards and Testing Institution. In his submission the petitioner stated that the air pollution from faulty motor vehicles has been universally identified as a major threat to human body and life.Such pollution in Dhaka City is acute and incompatible with the conditions required for the growth of human life and ecology. The lives of the City dwellers and its environment are endangered and the failures of the respondents in the performance of their statutory and public duties are depriving people of their fundamental rights disturbing the public peace creating public annoyance. He submitted that the lead-laced gas emitted because of the use of leaded petroleum were severely affecting the lungs, liver, brain and the nervous system, re sulting to high blood pressure, IQ and memory-retention damage among children and damage to foetuses leading to deformed babies.The high sulphur content in the petroleum, and hence in the smoke, causes severe damage to the ecology. The main thrust of Dr. Farooque's submission was that although the right to a safe and healthy environment has not been directly specified in the Constitution as a fundamental right, such a right is inherent and integrated in the â€Å"right to life† as enshrined in Article 32 of the Constitution. Hence, the right to a sound environment was also a fundamental right under Article 32 being supported by Article 31 that ensures that no action detrimental to life, body, property could be taken. Therefore, the failures of the Respondents in their duties denied the people of their basic fundamental right.Upon hearing the Petition, the Court issued a rule nisi upon the Respondent to show cause as to why they should not be directed to take all adequate and effective measures to check pollution caused due to the emissions of hazardous smokes from the motor vehicles and the use of audible signaling devices giving unduly harsh, shrill, loud or alarming noise. The matter was pending for a long time and after a lapse of 7 years, on the 27th March of 2002 the High Court has directed the government to phase out all two stroke vehicles from City Street by December 2002. The court also directed that all petrol and diesel-fuelled government vehicles have to be converted into Compressed Natural Gas (CNG) powered within six months and pneumatic horns being discarded within 30 days. It asked the Bangladesh Road Transport Authority (BRTA) to check fitness of vehicles, using computerized system with immediate effect.The court also asked the government to ensure international standard of fuel by reducing or eliminating toxic elements. The High Court further directed the government to set up adequate number of CNG filling stations within six months an d to ensure that all cars imported since July 2001 be fitted with catalytic converter. The government was also asked to strictly comply with its decision to ban two stroke vehicles of over nine years old. BELA also prayed for ensuring that the exemption of motor cycles from the requirement of certificate of fitness under the Motor Vehicles Ordinance, 1983 be withdrawn immediately which was also directed by the Court.On behalf of the government BRTA, Dhaka Metropolitan Police, Environment Ministry, Department of Environment, Commerce Ministry and Ministry of energy and mineral resources submitted testimony (affidavit) in opposition before court. The matter is pending for further monitoring. 4. Sharif Nurul Ambia v. Bangladesh & others Writ Petition No. 937/ 1995 (Unlawful Construction) The Petition was filed with legal assistance from Bangladesh Environmental Lawyers Association (BELA) by Mr. Sharif Nurul Ambia, Joint General Secretary of Jatiya Samajtantric Dal (JSD). The Petition w as moved by the Secretary General of BELA, Dr. Mohiuddin Farooque submitting that the DCC has undertaken the construction of the multi-storied building at the site earmarked for public car park in the RAJUK Master Plan unlawfully and without the latter's approval and hence liable to be demolished.It was further submitted that the construction was continuing defying DoE's finding that the said building would create a disruption to the environment of the area and the neighborhood depriving them the right to life, body and healthy environment against hazardous pollution and obstruction to air and light as being endangered by the unauthorized construction by the Respondents. Upon hearing the petitioner, the Court stayed the said construction till disposal of suit. The rule was ultimately disposed of against which an appeal is pending before the Appellate Division. 5. Dr. Mohiuddin Farooque v. Bangladesh and others Civil Appeal No. 24/1995 (Case on Standing) This Appeal arose from the ju dgment of the High Court Division dismissing a writ  Ã‚   stating that BELA had no right to sue on behalf of the people of Tangail where the Flood Action Plan-20 was being implemented. On Appeal, the Appellate Division granted standing to BELA on 25th July 1996.The main thrust of the appeal was to get a judicial verdict as to whether a person or group of persons could be â€Å"aggrieved† in ways beyond the strict traditional concept, which are now emerging in many legal systems, like suits by evidently public-spirited persons or bodies having proven dedication. The appeal being allowed is a landmark decision in addressing the Constitutional knot and riddle that have been prevailing on the threshold question as to who is an â€Å"aggrieved person† for last twenty four years history of our constitution. 6. Dr. Mohiuddin Farooque v. Bangladesh & others (Writ Petition No. 998/94) Sekandar Ali Mondol v. Bangladesh and others (Writ Petition No. 1576/1994)   (Challenging Flood Action Plan-20) In 1994, a Petition was filed by BELA challenging the implementation of Flood Action Plan-20 in Tangail.The Petition, first rejected by Court on the ground of Standing of the Petitioner was subsequently sent for hearing on merit to the High Court after the Appellate Division granted standing (Bangladesh Legal Decisions, (BLD) 1997 Appellate Division (AD), pg. 1). In the petition, the authorities were accused of violating a number of laws that provide for compensating affected people for all sorts of loss and protecting the national heritage. The Court delivered Judgment on 28 August ’97 and observed that â€Å"†¦ in implementing the project the respondents cannot with impunity violate the provisions of law. We are of the view that the FAP-20 project work should be executed in complying with the requirements of law. † 7. Dr. Mohiuddin Farooque v. Bangladesh & others Writ Petition No. 948/1997 (Uttara Lake Fill-up)A division Bench of the High C ourt Division issued an injunction of the filling up of Uttara Lake for housing purposes. The injunction was issued on an application of Dr. Mohiuddin Farooque, Secretary General, BELA upon the Secretary, Ministry of Housing and Public Works, Chairman, Rajdhani Unnayan Kartripakhya (RAJUK) and DG, DoE. The petition was filed on an appeal from the local residents of Uttara, who accused RAJUK of creating an environmental hazard in the area by filling up part of the lake in violation of the original Master Plan of Uttara. The injunction would remain effective till disposal of the case. Upon final hearing of the petition the Hon’ble Court on presided over Mr. Justice Md. Imman Ali and Mr.Justice Shamin Hasnain on 17 February, 2004 discharged the rule without any order as to cost. After gating aforesaid judgement BELA filed Civil Miscellaneous Petition 84 of 2004 and Civil Petition for Leave to Appeal 564 of 2004 before the appellate division upon hearing the petitioner the Honâ⠂¬â„¢ble Appellate Division granted prayer Leave. Pending hearing of the rule, parties are directed to maintain status quo. 8. Dr. Mohiuddin Farooque v. Bangladesh & others Writ Petition No. 1252/1997 (Unregulated Operation of Brick Field) The indiscriminate operation of 19 brickfields in Senbag of Noakhali District in violation of applicable legal provisions and circular was brought to the notice of the High Court through the above petition.The petition filed by BELA on behalf of a local group called Senbag Thana Pollution Free Environment Committee accused the local administration for being indifferent towards the environmental havoc created by the brick furnaces. The management of the brickfields were not conducting their business with due regard to the legal provisions mandating in favour of sound environment and health state. Moreover, leasing agricultural land to brick fields in violation of existing land management laws and manual resulted in a tremendous pressure on the avai lable stock of agriculture land, as after a given period the lands do not remain fit for agricultural purposes.Upon hearing the petitioner BELA, the Court issued a Rule Nisi calling upon Secretary, Ministry of Land, Deputy Commissioner, Noakhali and DG, DoE to show cause â€Å"as to why the issuance and renewal of licenses permitting operations of 19 brick manufacturing kilns in the Senbag Thana under Noakhali District causing threat to the natural environment and health of the neighbouring residents of the area should not be declared to have been done without any lawful authority and be directed to implement the circular. † The matter is now pending for hearing. 9. Dr. Mohiuddin Farooque v. Bangladesh & others Writ Petition No. 6020/1997 (Hill Cutting Case)The indiscriminate, unlawful and unauthorized cutting and rising of hills within the Chittagong City Corporation and its adjoining areas was brought to judicial notice by BELA through the above petition. The Court on heari ng the petitioner, Dr. Mohiuddin Farooque, directed the DG, DoE to submit a report on alleged illegal and indiscriminate cutting of hills, contributing to ecological imbalance and degradation of environment of the city. The Court further ordered that the report should contain the measures taken by the Government to prevent such illegal activities. Subsequent application has been filed under the petition. The matter is now pending for hearing. 10. Dr. Mohiuddin Farooque v. Bangladesh & others Writ Petition No. 6105/1997 (Gas Explosion at Magurchara)The above petition was against the Secretary, Ministry of Energy and Mineral Resources, Chairman, Bangladesh Oil, Gas and Mineral Development Corporation (PETROBANGLA), DG, DoE and Occidental of Bangladesh Limited for their negligence in preventing the fire that engulfed the Magurchhara Gas Field and the adjoining areas, while the Occidental of Bangladesh Ltd. , a reputed foreign oil company, was carrying on with their regular excavation. The statutory authorities permitted such risky operation without proper EIA, as required by the ECA. BELA, the petitioner, also blamed the respondents for failing to combat the after effects of the fire, as reports suggest that it took quite a long time before normal life was restored in the affected areas. A show cause notice was issued upon the respondents to clarify their own position. With the filing of subsequent petition the petition is pending for hearing. 11. Dr. Mohiuddin Farooque v. Bangladesh & others Writ Petition No. 7422/1997 (Gulshan Lake Fill-up)A division bench of the High Court Division issued a Rule in a petition filed in 1997 against implementation of an agreement called the â€Å"Banani, Gulshan, Baridhara Lake Development Project Agreement† signed between RAJUK and Indus Valley Investment Pvt. Ltd. to undertake a huge construction in the said areas, defying and violating the constitutional and legal requirements. The Court directed them to show cause as to why â€Å"the agreement and the subsequent agreements to lease out a total area of 220 acres of public land should not be declared to have been entered/undertaken without lawful authority in violation of law and the constitution against public interest and as such be declared null and void and of no legal effect. † The Government subsequently cancelled the project. 12. Nijera Kori v. Bangladesh & others Writ Petition No. 1162/1998 (Allotment of Land for Shrimp Cultivation)The petition was filed against allotment of Government owned Khas Land to Shrimp Cultivators in Sudharam, P. S. of Noakhali District in contravention of the provision of the Land Management Manual, 1991 and Articles 15, 19, 31 and 32 of the Constitution depriving thereby the landless people. The Court on two occasions restrained the respondents from disturbing the peaceful possession of the landless families. The matter is now pending for hearing. 13. Bangladesh Environmental Lawyers Association (BELA) v. Bangladesh and others Writ Petition No. 2482/1999 (Gulshan Lake) The unlawful filling up of Gulshan, Banani, Baridhara Lake for creating housing plots was challenged by another writ petition No. 482 of 1998 filed by BELA. Following the Petition a division bench of the High Court directed RAJUK to take measures for suspending all construction and/ or filling up of the water body and lakeside areas of Gulshan, Banani and Baridhara Model Towns in specific areas. The Court also issued a rule nisi upon the Ministry of Works and RAJUK to show cause as to why the allotment of on the lake water lake-side area in Gulshan, Banani, Baridhara Town shall not be declared to have been undertaken in violation of the Town Improvement Act, 1953, against public interest and why they should not be directed to restore public property in a manner best suited to public interest.The Court further directed RAJUK to prepare and submit before it a detailed and complete statement regarding allotment of plots and filling up of the lake water and/or lakeside area in violation of the approved Master and Lay Out plan rendering thereby water bodies of the Lake into private properties along with list of names and address of persons in whose favor such allotment have been made and those encroachment upon the lake water and or lakeside. The matter is pending for hearing. 14. Biplob Kumar Roy v. Bangladesh and others Writ Petition No. 1840 of 1999 (Nabaganga River) A Rule Nisi was issued upon the Deputy Commissioner, Narail District for unlawfully leasing out part of the River Nabogonga having its flow through Rajpur to Jaipur Ghat. The rule came as a result of the Petition No. 840 of 1999 filed by BELA and one member of the l

Reflection Journal Essay

This is the first time I have had the opportunity to study this subject. Being a science student, I have a very basic understanding on the different aspects of Organisational behaviour. I am interested in learning the different theories, concepts and practises that are a part of this course and relating the same with experiences I have had in the past at my previous workplace. This course would also benefit me at my future workplace by honing my job-related and inter-personal skills.Management is an art of getting things done through and with the people in formally organized groups. The five major functions of management are planning, organising, staffing, directing and controlling. Planning refers to the process of setting goals and how best to achieve them, organising refers to evenly distributing resources so that the plans can be carried out successfully, Staffing pertains to recruitment, selection, development and compensation of subordinates aiming to place right people in the right job, directing refers to the process in which the managers instruct, guide and oversee the performance of the workers to achieve predetermined goals and controlling refers to the process of regulating organisational activities so that actual performance conforms to expected organisational standards and goals. Organisational behaviour can be assessed at three major levels – At the individual level, of analysis, At the group level and At the organization level. Even though the basic skills required for a manager are networking skills, traditional management skills, HRM skills and communication skills, the focused skillset is different for different management levels.There are five basic trends in managing contemporary organisations. Globalization refers to the company’s desire to be a part of the global market. Changing workforce implies increased diversity among the working population, primarily more women being part of it. Employment relationship refers to the flexibility and ease of work schedule and culture. Information technology refers to the increased ease with which employees interact and how organisations are configured. Values and ethics refer to important long-lasting beliefs and moral principles for the benefit of the company. Based on these trends, there are many challenges and opportunities for organisational behaviour.An organisation’s Intellectual capital is of three types – human capital, structural capital and relationship capital.The process of knowledge management can be broadly classified into acquisition (learning and experimenting), sharing (communicating) and use (application). In my last workplace, My organisation overcame many challenges related to various aspects of organisational behaviour. Emphasizing on the final result, they allowed the employees to have a flexible work schedule and/or to work from home. This made it very convenient for the employee. We also used trends in Information Technology and scheduled a Video call between a particular project team and our most potential clients once a month. This improved communication and strengthened our relationship with the client.My previous company had its major clientele in the US but it made a lot of attempts to go global. They were trying to pursue projects in the Middle East, UK, Australia, Canada, Singapore, and India and succeeded establishing a clientele in the Middle East. This was an advantage for the employees as it gave us opportunities to experience the work culture in different markets.| 11/12/2012| Unit 2:Individual Behavior, Personality, and Values| There are various factors that influenced my behaviour at my workplace. I can particularly relate to the MARS model in this instance. Positive and negative (that I would look at from a positive angle) motivation from others throughout the tenure of my work has help me become more passionate about my career. Early on in my career, I had not defined my set of goals properly. As a result, the amount of time and effort invested into achieving those unstable goals was wasted. It is very important to have a sound understanding of our work tasks from every angle. During the last few months of my work, I was simultaneously allocated to three projects. I was not able to concentrate on any project properly as my roles and tasks were not clearly defined. Now, after having a clear, sound understanding of the MARS model, I have realized the importance of clearly defining my goals to get self-motivated and my tasks to increase productivity. With respect to my personality, I am responsible for things that happen to me. I am a little low on self-esteem but realizing that future failures will decrease it all the more, I will take considerable steps to improve the same. I am more of a Type-B person by nature and will take that as an advantage in my life as I love setting aside time for leisure and moving at a normal pace. With respect to the CANOE personality model, I am a combination of the Agreeableness and the Extraversion type. With every company trying to become a part of the global market, it is good for everyone to be able to adapt to all cultures. In my previous workplace, I was deployed in the US on a short-term assignment. It would have been great if someone had emphasized the importance of globalization so that I would have mentally prepared myself to adapt to the culture there instead of going there and taking time to get adjusted. Cross cultural issues are predominant in every workplace though a lot of companies are striving hard to get rid of the same. My company has recently acquired a clientele in the Middle East. A few of my colleagues who were deployed on projects there were not aware of the work culture and practises there. They took a while to get used to the culture there. It would have helped them a lot had they had been given a nugget on the importance of being open-minded and flexible.| 17/12/2012| Unit 3: Perception| Perception is an apprehension or intuition that a person has about somebody or something. The world plays a major role in influencing perception. Perceptions in most cases are superficial and far from reality. Perceptions are generally a result of trends, emotions and trying to fill in missing information. Stereotyping is also a kind of perception that and it refers to assigning traits to people based on their social category. It is possible to minimize the trait of stereotyping but is difficult to prevent it. Stereotyping causes unnecessary discrimination and generalization. Perceptions can be more accurate by being wary of perceptual biases, improving self-awareness and increasing meaningful interactions. The self-fulfilling prophecy cycle refers to the way an employee reacts to his leader’s expectations and the way the leader reacts back to the employee’s performance. Leaders should maintain realistic positive expectations towards their employees. A person is an achiever if he does a particular task differently, better than others and maintains his performance consistently. The Johari window improves self-awareness and understanding between colleagues. It asks an individual to be more expressive and also be open to feedback from others so that people are aware of the individual’s level of perception.A global mindset refers to a person’s ability to perceive, interact and get along with people from other cultures. We can cultivate a global mindset by getting to know about other cultures, cross-cultural trainings and understanding oneself and comparing the mindset of people from different cultures. Emotional intelligence refers to a person using his emotions intelligently while dealing with other people. It can be used to motivate oneself and work well with others. Consequences refer to results of a particular behaviour. If the consequence is positive, a reinforcement strategy is applied and if the same is negative a punishment strategy is applied. Perceptions demotivate leaders and the people working with them. In my previous workplace, I had a perception that freshers did not have sufficient technical knowledge to play a major role in challenging projects. But many freshers working with me excelled their tasks well within their deadlines. Therefore, perception is not reality but what we see of reality.Emotional intelligence is an important leadership quality. The project manager at my previous workplace never motivated any of her subordinates and we always had a very negative view of her managerial skills. Now, since I have a fair idea about how to motivate my peers and subordinates using Emotional Intelligence and setting realistic goals, I will learn from my ex-project manager’s mistakes and do the right thing when I become a future leader. | 18/12/2012| Unit 4:Motivation| Motivation refers to the processes that arouse and sustain a person’s desire to attain a particular goal. The main reasons for a person being motivated in a workplace are money, opportunity, belonging, involvement and satisfaction. There are many theories related to what motivates a person. Taking an example of the Maslow’s theory, it applies when one wants to be motivated to succeed in his job and further, but the same does not apply when one wants to be motivated to play a role in Social Responsibility. The other theories are ERG theory where the main reasons for motivation are existence, belonging and growth and McClelland’s theory where the main reasons for motivation are the need for affiliation, power and achievement and Herzberg’s theory where the reasons for motivation are the factors involved in performing a job that lead to satisfaction. All the above content motivation theories confirm that rewards are what play an important role in motivating a person. There are process theories that emphasize on why and how a person gets motivated in the workplace. These theories emphasize on factors that managers have more influence over. If managers get their employees to love their jobs by clearly defining their roles and setting their goals to give them a strong support system and encouraging them, that will be the best form of motivation. Goal setting plays a major role in motivating an employee. A manager and employee should work together and set the employee’s goals. A goal that is moderate to challenging will generally result in a higher employee performance. An employee will also perform better in his job if he is trusted by his manager, given the right level of independence, allocated well-defined tasks and exposed to increased client interaction. The other aspects that motivate an employee are providing them with options like telecommuting, flexible timing and job sharing. Remuneration and rewards do motivate people to a great extent. But that form of motivation does come with a few disadvantages as well.My first team lead at my previous workplace was very stringent with respect to us putting in long hours of work. That demotivated the entire team and decreased our work productivity in the long run. Had he not insisted on long work hours, the team would have achieved its required targets much faster. Opportunity is a key motivation factor as well. One year into my job, my manager promoted me and gave me the opportunity to interact directly with my client. Interacting with the client directly for the first time, I took it up as a challenge and was determined to perform well. The client was very happy with me and gave me a very positive feedback at the end of the project. Unnecessary pressure from the senior management is not a motivating factor. When my project was going through very tight deadlines, the senior management would never be satisfied with our work. Lack of satisfaction and appreciation from our leads made us very disinterested in our work. Had they understood the amount of pressure we were going through and motivated us the right way, We could have gotten through that rough phase a lot more easily. | 7/1/2013| Unit 5:Team Dynamics| Team work is one of the most important aspects of corporate culture. A team is a group of people who are together to achieve a common goal. Teams motivate employees, increase the ease of information sharing and increase work productivity. The major disadvantage of a team is social loafing. In order to minimize social loafing, smaller teams should be formed and individual performance needs to be measured. It is a good idea to plaster the walls of a team space with key issues. This will give instant access to information to quickly resolve issues. Teams are better at complex, structured issues that require a lot of co-ordination. Good team members must be able co-operate, resolve conflict, co-ordinate, comfort and communicate. There are four stages of team development – forming, storming, norming and performing. The better performing team is always a cohesive one. Virtual teams are teams that operate across time, space and organisational boundaries. These teams are more necessary because of factors like globalisation. Brainstorming is a practise that is followed amongst the world’s most creative firms.Team work has always played an important role in my work life. I am a very strong team player. I was working with this client called Toyota and we were a sixteen member team. Though we completed our project successfully at the end, there were many cases of dismal individual performance. People took advantage of the fact that they were part of a team. Had I known then that smaller teams were more productive, I could have suggested to my manager to split us into sub-teams and designate individual tasks at that level. I have been part of a brain storming session many times. Those sessions would have been much more valuable and productive had we defined a set of rules that needed to be followed while brainstorming.| 8/1/2013| Unit 6:Power and Politics| Power is the ability of a person, team or organization to influence others. Power can be legitimate or otherwise. An example of legitimate power would be Obama. An example of misuse of power would be historic Adolf Hitler. The other types of power are reward, coercive, expert and referent power. Reward power is when someone has the power to control rewards and remove negative sanctions. Coercive power is power that can be used to punish. Expert power is power resulting from possessing valuable knowledge or skills. Referent power is power that arises out of respect. Non-substitutability refers to power that comes out of being unique in an environment or industry. Centrality refers to the interdependence between the power holders and others. Centrality is a phenomenon that will strengthen the spirit of a team to a large extent. Influence refers to any behaviour that alters someone else’s behaviour. A person can influence or get influenced positively or negatively. The person can resist, comply or commit to influence. Politics exists at every level of the organisation. Politics increases as management hierarchy increases. It exists at the upper management level the most. People trigger politics to make things easier for themselves. It disturbs the peace and cohesion in a team. Politics cannot be abolished but depending on the individuals in the organisation, it can definitely be minimized and controlled. As with any other organisation, abusive power and politics existed at my previous workplace as well. It existed at a more intense level as we were a very small organisation. We were terribly understaffed when compared to the amount of projects that needed to be completed. Managers used their power and over worked the employees to get work done. Had they been taught to use their authority and power properly they would could have used their power in the right way and implemented long term solutions to the understaffing problems. Politics probably brought individual gain to the person responsible for it but brought about a very negative atmosphere in the team. | 14/1/2013| Unit 7:Leadership| Leadership refers to the process of guiding someone in a work environment to achieve organisational objectives. Followership refers to the process of following a leader. A leader need s to have the drive to lead, integrity, motivation, self-confidence, emotional intelligence, intelligence and a sound knowledge of the business. A leader’s style can be rigid (autocratic), understanding (democratic) or unsuccessful (Laissez-Faire). A leader can be production-oriented or employee-oriented. Though the former will ultimately get the work done, the latter will get the work done bearing in mind the needs and concerns of the employee. For a manager to be successful, It is very important for him to have leadership qualities. He will be able to inspire and drive the team towards reaching its necessary targets. There was gender discrimination with respect to leadership. But now, female leaders have been rated more favourably than male leaders. There have been very few leaders in my previous workplace who have had the right leadership traits. Most of the others were very bossy and managerial by nature. They did not have the right Emotional Intelligence to understand their employees, nor did they have any integrity and did not have the leadership drive in them. It would have been easier for us to complete our tasks without them interfering and troubling us.| 15/1/2013| Unit 8:Change| Change is the only thing that does not change. Change in an organisation is inevitable and is intended for the betterment of the organisation. In the conventional perspective, change had three stages – recognizing the need for change and fighting those resisting it, making the change and finally confirming the change. But this model does not promote continuous change. Lewin’s force field analysis model classifies two forces with respect to change – there are restraining forces that oppose change and driving forces that encourage change. People resist change due to fear of the unknown, saving face, breaking routines and loss in current perks. We can minimize the resistance to change by communicating the change well in advance, implementing the change over a stretched period of time and involving everyone necessary to be a part of the change. Change can also be made through social networking. Change agents refer to anyone who can facilitate the change correctly. Typically, change agents are consultants from outside the company who diagnose the change, introduce it, stabilize it and finally collect feedback. Change in an organisation will take its employees some time getting used to. Initially, my company had an attendance register that we used to sign every time we got into the office. Then, the management implemented a policy asking us to swipe our access cards insisting on us clocking a minimum of eight hours in our office. A lot of people suffered salary cuts because of forgetting to swipe in or swipe out. This change was sudden and took us quite a while to get used to. | 16/1/2013| Unit 9:Organisational Culture| Organisational culture is the backbone of every organisation. It is the company’s DNA, invisible but the most important part of the organisation. It is important for an employee to be comfortable and adapt to the company’s culture. A strong organizational culture involves innovation, stability, respect for people, outcome orientation, attention to detail, team orientation and positive aggression. Culture can be defined at the organisational, local, regional and national level. The basic artefacts of organisational culture comprise of rituals, ceremonies, language and physical structures/symbols. A company with a strong culture has better performance. When one company acquires another company or merges with another company, the cultures of both the companies are usually combined into one corporate culture. An organisation’s culture becomes stronger by attracting applicants, selecting applicants to become company employees and the employees finally quitting the company. Socializing refers to learning and adjusting to strategic and cultural dynamics of an organisation. An employee goes through three general stages of socialization first being an outsider, then a newcomer and finally an insider (employee) of the organisation. | | Overview Summary| This course has stressed on the significance of various concepts that are a vital part of organisational behaviour. I have realised the significance of motivation, managerial leadership, minimizing workplace politics, team building and cohesion, knowledge management, change management, efficient use of authority, perception evading, emotional intelligence, modern organisational trends and overcoming of cross cultural issues amongst others. In my previous workplace, I was deployed on an onsite assignment in the US to work at Twentieth Century Fox. There, I was allocated to work for two projects at the same time, all of which involved getting work done from my inexperienced subordinates in India. I can relate to a lot of OB concepts that could have helped me manage my all aspects of my work better. The work culture in the US differed a lot from that in India. It took me some time to adjust to the differences. At Fox, My challenge was to interact with people from all cultures at a global level. Also, my senior management had not defined my roles in both the projects properly. Since I had freshers working with me from India, I perceived them to not be capable of working in such critical projects and hence did not motivate them. That did not spread any team spirit among our project members. If I had been enlightened with the importance of workplace motivation, it would have been easier for us to complete the project tasks. I have also understood the pertinence of positive leadership. I lacked the leadership qualities to drive the project in a positive manner even though I had a sound understanding of the business. In the future, I will motivate my subordinates and address all their concerns so that they contribute better to the project. My company did not have a knowledge management process in place. When I was leaving the company, since there was nobody else competent enough to replace me, we lost one project to a competitor. This loss could have been avoided if there had been an efficient knowledge management and succession planning strategy in place. In future, as a leader, I am very sure all the concepts learnt as part of this course will help me overcome a lot of organisational level obstacles at my workplaces and make my road to success a lot easier.

Netflix’s Business Model and Strategy Essay

Netflix is the largest subscription service for sending DVD’s by mail and streaming movies and TV episodes over the internet. Netflix’s revenues grew from $500 million in 2004 to $519.8 million in 2010. Company’s net income increased from $21.6 million in 2004 to $141-156 million in 2010. It attracted 1.6 million subscribers in 2004 and had to 15 million subscribers by 2010. Reed Hastings founder and CEO of Netflix have pushed the company to outcompete its movie rental competitors by building the world’s best internet movie service. Netflix is the world largest online entertainment subscription service and revolutionized the way that people rent movies. Netflix has outcompete its rivals on the basis of differentiation features, with their higher quality, wider product selection, added performance and services, and has superior technology. Netflix has a large selection of DVDs to choose from. It maintains relationships with entertainment providers to expand the title selection. Movies are prescreened for customers based on peer reviews. This allows Netflix to increase their inventory with movies chosen by viewers. There are no late fees. Netflix technology is superior because movies and TV episodes can be streamed directly onto nearly any device in a matter of seconds. Netflix business model and strategy can be analyzed with the 5 competitive forces in the movie rental marketplace: 1-substitute, 2- buyers, 3- suppliers, 4- potential for new entrants, 5- rivalry Substitute-It does not matter who sells the movie or the TV episode at the end the end user is getting the same product whether he got it from Walmart or Blockbuster. Substitute for Netflix and a potential threat is pirating movie files from the internet and illegal. This is a substitute that is inexpensive or free copy of the file. Buyers- Have the power to select where they are going to get movies or TV episode. They are going to look provides the best price and best quality. Buyers are not loyal and can get this product from other vendors. Competitors compare industry prices and quality. They will reduce cost in order to attract the buyer. Suppliers-Such are Hollywood are likely to increase cost if the industry profits increase. Suppliers have the capability to make movies and TV episodes harder to get by limiting license agreements. In order for suppliers to maximize their revenues they sell large number of movies and TV episodes the outcome results in competition and does not allow supplier to have much power on the product. Potential for new entrants- Blockbuster, and Netflix are the dominant retailers in the market it is very difficult for new entrants to succeed. Rivalry- Consumers have multiple sellers they can buy or rent movies and/or TV episodes. Main competitors are online subscription services internet movies and TV episode provider, kiosk services, and DVD rental outlets. From SWOT analysis we found the Strengths as followed, by operation on line is very flexible and very low cost, it has high customer satisfaction levels, and strong knowledge base and brand identity. Weakness are the industry, it is constantly changing at a fast speed, it is supplier dependent, postage is a variable cost (increases), customers need to have internet access and or DVD players. Opportunities are: It can expand globally to international markets because its internet access, new technology. Threats: If it’s not able to adapt or keep up with technology, rivals such as Walmart.com or Blockbuster have capital to compete against Netflix. There are some issues Netflix is facing Netflix needs to watch out for growing competitors with deep pockets and need to keep up with the fast growing changes with technology. It is recommended that Netflix increases its customer base (subscribers). This income will offset the ongoing costs. Netflix should move away from DVD rental, it creates a large percentage of its operating cost. Netflix should find out why people are still ordering DVD’s Netflix should educate customers with their streaming and downloading and focus on encouraging customers to stay with the service. Blockbuster advantage over Netflix is that they are able to release new released titles. Netflix needs to negotiate with entertainment providers to get new releases earlier than the competitors. Finally it is suggested that if Netflix is able to get new releases earlier they should pass a cost for the newest release (separately from subscription download monthly fee).

Ethical Dilemna Assignment Jehi Mcmath Brain death case Research Paper

Ethical Dilemna Assignment Jehi Mcmath Brain death case - Research Paper Example It is in responding to such cases as this that, WHO prioritized mental health as well is as mental injuries. This was to reduce disability as well as early mental disorders. Ethically, it would be unsound for the medical personnel to carry out the operation o the patient when he or she is under such great pain (Chakrabarti, 2014). Yet, on the contrary, one would find that this is not acknowledged by the traditions and best practices of medication. Given that in provision five, the nurse owes the same duties to self as to others, including the responsibility to preserve integrity and safety, to maintain competence, and to continue personal and professional growth. When a patient makes requests that contravene the regulations lay down by the medical field. This may happen when the patient is in great pain with very minimal chances of survival. The patient may seek to apply for a slow and a merciful death. This ma receives an objection from the medical official on the grounds that, it would be tantamount to murder of the innocent. Sometimes such and endeavor may even attract a fain of a jail term or even both. These are some of the challenges that may bother the nurses. In the light of the fact that, in provision eight; the nurse collaborates with other health professionals and the public in promoting community, national and international efforts to meet health needs. A nurse’s judgments visa viz the decisions of the victims. There are some decisions that may be reached by the patient. Some of these decisions may be very detrimental to the patient. For example, a patient who demands for a discharge, when it is evident that he or she will not receive the much needed care at home environment. Humanness against the rules that inform medical practice has equally poised a dilemma to the medics. This happens when, for instance, there repugnant regulations that may

Public Policy - Asian American (ethic studies) Essay

Public Policy - Asian American (ethic studies) - Essay Example opulation is characterized by at least three other demographic features; emergent patterns of geographic dispersion, historic patterns of geography concentration and an on-going pattern of striking population diversity. Similar to the assertion of Ali Shariati, (Emerson 67) affirms that through the public policy and Asian Americans, most Asian Americans have attained freedom after comprehending how historical forces operate and have shaped their lives. Issues of sentencing of the coloreds, racial profiling, and abuse of women were rampant in the past. However, after pushing for freedom, it culminated into the Public policy and Asian Americans; thus, historical issues of oppression have been appropriately dealt with. Social class and class structure is prison to human beings. In a demographic survey conducted to identify the geographic distribution of Asian Americans, it became apparent that pacific islanders, a group of Asians were mainly concentrated in urban areas. Mos t of them shared common values and had similar social class structure unlike lower-income Asians. In relation to the final prison, human beings by nature have a diverse range of choices to make in life. In support of this (Emerson 87), notes that we are free as human beings either to act in the right way or wrong way. This depends on the personal choices we make in life either to cause harm or good to others. This is a prison that has been facing most Asian Americans. According to the public policy and Asian Americans, Asian youth gangs work in conjunction with gangs. Groups have thus been established to work with corrective action departments in order to sensitize police officers on issues that are specific to Asian American youth. In order to consolidate power, hegemony is necessary if not a prerequisite condition. However, contrary to the observation made by Ali Shariati, the best hegemony is one attained through consent of individuals involved. Emerson (89), bases her argumen t on

Lap Lab Report Example | Topics and Well Written Essays - 500 words

Lap - Lab Report Example Turbidity, temperature, pH level, oxygen concentration, hardness, and concentration of elements like aluminum, nitrogen ions, phosphate ions, and ammonia molecules are examples of determinants of water quality (Miller and Spoolman, p. 532). Water sample was collected on Cherry Creek using a wide mouthed jar and the jar rinsed three times. The jar was then held from its base, immersed in water and then turned into the water current. Water was allowed to flow into the container for 30 seconds and filled up to the turbidity line. Turbidity chart was then held against the container and comparisons made to determine the water sample’s turbidity level that was recorded. Tests were then conducted for alkalinity level, pH dissolved oxygen, hardness, temperature, and nitrate and phosphate levels. Results were recorded for each measurement. The water sample reported a turbidity level of 20 jhu units, a value that is far beyond the recommended level of less than 1 jhu. The concentration of dissolved oxygen that was reported at 5 ppm is consistent with the recommended level of between 4 and 5 ppm. The alkalinity evel of the water sample was recorded at 400 ppm, far above the minimum recommended value of 30 while temperature was recorded at 160 c, a comparatively lower value than the recommended 250 c. The hardness measure also superseded the recommended minimum value of 60 ppm while the reported pH level was within the recommended range of between 5 and 9 units. Nitrogen, phosphate and ammonia levels were reported at 3, 2, and 0 units, values that are within the recommended levels of 3, 2.25, and 1.5 units respectively (Twort, Ratnayaka and Brandt 222- 225). The sample’s low temperature was lower than the recommended levels for water quality. Its biological properties, as reported through turbidity level, also identify excess pollutants and hence poor quality. The chemical properties in alkalinity level, pH level, and

Discrimination in the Workplace Essay Example | Topics and Well Written Essays - 1250 words

Discrimination in the Workplace - Essay Example It is the mutual responsibility of employers and employees to take effective measures to stop workplace discrimination. Let us consider the case of Holmes, Helm and Partners, Inc. and discuss some of the most effective ways through which the HR manager of a company can avoid workplace discrimination Awareness about Discrimination Employees need to know that hiring decisions based on some protected class characteristics and dismissing employees based on his/her race or gender are legally defined as workplace discrimination and the employees have the right to raise their voice against such cases. In our case, Jessica Farrago, who was one of the two newly appointed creative supervisors, was being discriminated by Marc Corrigan as she was receiving no input or feedback from him on the work she was doing. That is the reason why she wanted to raise her voice in front of the president of the HHP. Protected Class Characteristics Another way to avoid workplace discrimination is by knowing tha t anti-discrimination laws cover protected classes. Employees need to know what protected classes actually are. â€Å"A protected class is a group of people against whom it is illegal to discriminate based on a common characteristic† (Ehow, n.d.). ... Similarly, Marc Corrigan did not like to hire Heather Stubbs and Oscar Rosenberg because of age and disability issues. These kinds of thoughts must be avoided while taking any key decision in order to prevent discrimination at the workplace. Zero Tolerance Policy If some employees belonging to any specific gender verbally and physically harass the opposite gender and the higher authority does not take any action against the offenders. This is a form of sex-based discrimination, which creates tension and nervousness for the victim of discrimination. To avoid such kinds of discrimination, managers need to implement zero tolerance policy and should make every employee read the guidelines of the policy on the first day of their jobs in order o avoid discrimination practice at the workplace. â€Å"If employees are made aware of the forms and effects of discrimination in the workplace it will act to discourage the practice† (McLellan, 2011). If any employee is found violating the an ti-discrimination laws of the company, he/she should be dismissed immediately to maintain a good working atmosphere in the company. For example, in our case, when Jessica reported to higher authorities the incidents of verbal sexual harassment by Harvey and Andrew, Marc Corrigan supported the offenders instead of taking disciplinary action against them. Mr. Corrigan declared Jessica’s allegations completely absurd and did not take any action against Harvey and Andrew. In such cases, incidents of discrimination and harassment prevail putting a negative impact on the company. Complaint Procedure Another step, which the management of a company must take, is to establish a proper