Sunday, December 29, 2019

Restitution of Conjugal Rights Under Hindu Law - Free Essay Example

Sample details Pages: 8 Words: 2285 Downloads: 7 Date added: 2017/09/23 Category Advertising Essay Type Argumentative essay Did you like this example? RESTITUTION OF CONJUGAL RIGHTS (B. P. S. WOMEN UNIVERSITY) BY:CHARU BHATT Introduction: Family and marriage are the basic institutions of any society. Every society has certain norms and rules which have led to the development of key concepts such as customs and usages. Marriage as an important institution has been recognized in the personal laws of all the religions. With the passage of time, the complexities increased with areas such as divorce, judicial separation and conjugal rights came up in personal law and it became necessary to codify the laws relating to marriage in India. The Hindu law recognized the sacredness of the marriage tie. The wife was given an honoured position as â€Å"women is half her husband and completes him†. Hindu law enjoined on the spouses to have the societies of each other. After the marriage bride becomes the member and backbone of the groom’s family. The remedy of restitution of conjugal rights was not recognized in the DHARM ASHATRAS. As the phase changed with globalization and modernization the Jewish law provided the remedy of restitution of conjugal rights. From Jewish law the remedy was adopted in English law and latter it came to Indian law. Marriage is the existence of rights between spouses. These rights may also be called restitution of conjugal rights, offered to the disadvantaged party. The guarantee given by the Indian Constitution to every citizen with respect to the protection of fundamental rights has left some scope for ambiguity in this provision. This has led in recent times to a heated debate as to the constitutional validity of the concept with regard to the personal laws existent in the society. Meaning of Restitution Restitution basically means restoring to a party to its original place. RESTITUTION OF CONJUGAL RIGHTS: MEANING AND SCOPE: The institution of Marriage is often regarded as a primary institution in this society of ours. An individuals existence in the society is gu ided by institutions which are often regarded as established forms of procedure characteristic of group activity. Later on, a marriage between two individuals creates a set of rights and obligations between the parties involved. These rights may be called as â€Å"conjugal rights†. CONJUGAL RIGHTS are rights which husband and wife have to each other’s society. So now we need to ask ourselves as to what exactly do we mean by the restitution of these conjugal rights? Restitution of Conjugal Rights under Personal Laws: The restitution of conjugal rights is often regarded as a matrimonial remedy. The remedy of restitution of conjugal rights is a positive remedy that requires both parties to the marriage to live together and cohabit. The texts of Hindu law also recognized the principle â€Å"let mutual fidelity continue until death†. Hindu law enjoined on the spouses to have the society of each other. According to sec. for restitution of conjugal rights 3 conditio ns must be satisfied: 1. The respondent has withdrawn from the society of the petitioner without any reasonable excuse. 2. The court is satisfied about the truth of the statement made in such petition and 3. There is no legal ground why the relief should not be granted. There are several grounds of restituion of conjugal rights. They are: 1. Either spouse: There should be valid marriage acc/to sec. 5 of Hindu marriage act 1955 If either spouse having unsoundness of mind. Suffering from mental disorder Child marriage and many more grounds are there on which the marriage can be held invalid. b If the marriage is being valid proof then when either spouse withdraws from the society then the aggrieved party can go to the district court for the restitution of conjugal rights. c If the aggrieved party proofs himself/herself rightly then the court grants decree in his/her favour. CASE Parbia Ram vs. Thopali Held: if the marriage isn’t valid then the decree of restitution of conjug al rights will not arise. CASE Ranjana Vinod Kumar vs. Vinod Kumar Held: the petitioner wife alleged that the husband was already married and had suppressed the fact from her. The court held that the petition for restitution of conjugal rights is not maintainable since theres no legal marriage. 2. No legal excuse No legal excuse means the aggrieved party can file a petition against his/her spouse on the condition that the accused party doesnt have legal excuse. On legal excuse restitution of conjugal rights is not valid and if the excuse is already legal then theres no proof required. Eg. Divorce, judicial separation or any of the grounds of divorce (in case of divorce there is no RCR). There is no legal ground which prevents the decree from being passed. CASE Gauri Shankar vs. Gayatri Devi Held: the court said recent view seems to be that the excuse may be sufficiently grave and weighty; it may be distinct from cruelty to the extent it falls short of legal cruelty. 3. No reas onable excuse Unless the withdrawal by one spouse from the society of the other is founded on a reasonable excuse, no decree can be passed under sec. 9 of the act. What is ascertaining reasonable or just ground for withdrawal from the society? The reason must be grave and weighty and it maybe distinct from a matrimonial offence. Reasonable excuse cannot be reduced to a formula and would vary with time and circumstances and will have to be determined by the court. In the modern matrimonial law, it will amount to reasonable excuse: 1. If there exists a ground on which the respondent can claim any matrimonial relief. 2. If the petitioner is guilty of such act, omission or conduct which makes it impossible for the respondent to live with him. It seems that here also the reason should be grave and weighty. CASE Mohinder Singh vs. Preet Kaur Held: In this case after 6months of marriage, the husband became blind and the wife withdrew from his society, it was held that she had a reaso nable excuse (because of his blindness)to withdraw. The husbands petition of restitution of conjugal rights was accordingly refused. NOTE: Apart from cruelty a reasonable excuse may cover a whole lot of other grounds, for ego the husband practicing bestiality or indulging in sexual intercourse outside wedlock or impotence. CASE Jagdishlal vs. Shyama Held: In this case the court held that because the husband was impotent the wife had a reasonable excuse to withdraw from his society. NOW ITS WORTH TURNING TO CASES IN WHICH RESTITUTION OF CONJUGAL RIGHTS WAS GRANTED: CASE Puspa Devi vs. Vijay Pal Singh Held: It was held that the wife was unable to proof the charges of cruelty and hence the court granted a decree of restitution of conjugal rights in favour of the husband. NOTE: The burden of proof so much lies on the accused party to proof him/her. 4. Withdrawal Withdrawal from the society means that it is a withdrawal from the totality of conjugal relationship, such as refusal to live together, refusal to have marital intercourse and refusal to live in company and comfort. It is intention of the spouse which really matters. For eg. if a husband in spite of living under same roof with wife dont maintain any kind of relation with his wife, it is withdrawal. On the other hand husband and wife living separately due to their respective jobs without any kind of intention of living apart, it would not amount to withdrawal. Physical: In case of physical relation withdrawal from the society means spouses living under the same roof but do not accept each other, theres no matrimonial physical relation between both of them, they withdraw the society physically. CASE Venugopal vs. Laxmi Held: it was held that in a petition for restitution, it was not required to show that the parties were cohabiting earlier and spouses had not cohabited at any time after the marriage, a petition for restitution would lie if intention not to cohabit was established. CASE Sushila vs. P rem Held: When a husband dumped his wife in his father’s house and thereafter showed totally unresponsive attitude towards her it amounted to withdrawal from the society of the husband. Mental: In this case, when the parties are legally spouse but due to some reason they are far away from each other. CASE Narender Kumar vs. Chander Prathna Held:The court held that the behavior of the husband and his parents had resulted in mental torture and harassment. CASE Shanti vs. Ramesh Held: It was held that mere refusal of the wife to resign her job at the nstance of the husband is not a sufficient ground for granting a decree of restitution in favour of the husband, a wifes taking up a job even contrary to the wishes of the husband would not amount to withdrawing from the society. Constitutionality of Sec. 9 of the Hindu Marriage Act, 1955 Which Deals With the Restitution of Conjugal Rights As states earlier, to judge the constitutional validity of a section or act, we must compar e it with the fundamental rights mentioned under Part III of the Indian Constitution. Over the course we shall compare section 9 of the Hindu Marriage Act with the fundamental rights that may be incongruent with this section and give a better understanding as to why and how the principle is or isnt in violation of that particular article. There have also been many cases in this regard. The Constitution of India is based on the principles of human dignity, equality and personal liberty. The marital relations are very intensively concerned with these fundamental rights. Our founding fathers drafted the Constitution keeping in mind the welfare of the people and saw to it that there were appropriate provisions such that a law was not misused so as to affect the people. Right to Equality and Restitution of Conjugal Rights: The Indian society is often regarded as one with wide spread discrimination based on gender. More often than not, there have been instances where women have been subdued to violence and injustice because of their gender. CASE T. Sareetha vs. T. Venkata Subbaiah. Held: The court held that though sec. of the act applied to the spouses the remedy actually worked to the disadvantage of the wife whose life pattern is altered, whereas the husband can remain almost as it was before. The court further observed that since sec. 9 violates the rule of equal protection of laws contained in article14, sec. 9 of the act doesnt sub serve any social good and must therefore held to be arbitrary and void offending article14. the court dismissed the petition filed by T. Venkata subbaiah against his wife T. Sareetha sine actress of south india. CASE Saroj Rani vs. Surdarshan Kumar Held:In this case the SC overruling the decision of the above case and finally held that sec. 9 of the act is not violative of article14 and 21 of the constitution. How to File a Case? The aggrieved party may apply to the district court by way of petition for restitution of conjug al rights. The person seeking restitution must establish: ? the other spouse has withdrawn from his or her society ?such withdrawal is without reasonable excuse ?there is no legal ground disentitling the petitioner from the relief of conjugal rights. The burden of proof lies on the person who has withdrawn from the society of his/her spouse to prove that he/she had reasonable cause to withdraw from the society of his/her spouse. The person who has withdrawn from the society of his/her spouse may prove that it has become impossible to live with spouse. Persistent demand for dowry or causing physical and mental torture was held to be reasonable cause for the wife to withdraw from the society of the husband. EXECUTION OF DECREE The decree of restitution of conjugal rights will be executed as per the CIVIL PROCEDURE CODE. Appeal may be made to the high court challenging the lower court order. ALTERNATE REMEDY: The legal services authority may be approached for legal aid any volunt ary organization may also be approached for support. CONCLUSION AND SUGGESTIONS: It is thus understood from our discussion that the concept of Restitution of conjugal Rights has left enough ambiguity as to whether it is in violation of any of the fundamental rights guaranteed under part III of the Indian Constitution. It can be noticed that this provision is violative of articles 19 and 21 of the Constitution and not violative of other articles. After Sareetha Saroj Ranis cases, the issue of constitutional validity has taken a new dimension. Today, one views this as a highly volatile area where there is a clash between personal laws and fundamental rights altogether. As mentioned earlier, personal laws do not come under the ambit of Constitutional Review, but we have used as in argue do in stating that even if they do come, they are not violative of some provisions of the Constitution. As we understand, this concept introduced in England now stands abolished. In India also, some jurist opined that the concept of restitution of conjugal rights is a farce and must not exist in India. They hope, in the near future, India too will progress towards realization. Realization that the rights of an individual are important and must be protected at all costs and the Courts must detach themselves from considering preservation of marriage as a social obligation which the law executors must protect. But in our opinion, it is not a coercive mean rather an effort to harmonise the conflict between the spouses that have arisen for one reason or other and therefore it should be retained . We have done our best to present this paper in the best manner possible and deeply regret if any loop holes arises in the same. Don’t waste time! Our writers will create an original "Restitution of Conjugal Rights Under Hindu Law" essay for you Create order

Friday, December 20, 2019

John Steinbeck s Of Mice And Men - 864 Words

Livan Diaz Ms.Snyder Ms. Kovacs English 11 17 April 2015 Predatory Nature â€Å" Our generation has no Great war, no Great Depression. Our war is spiritual. our depression is our lives.† (Chuck Palahniuk). In Of Mice and Men, John Steinbeck suggest that the pursuit of happiness demon straight the inevitable failure of the American Dream. The migrant workers get oppress through physiological means. The migratory workers and lot of lowers class people have predatory nature against each other. They simulate them self to feel less of a human using verbal abuse. This class of people use this method to robust there confidence. The Steinbeck’s Novella Of Mice and Men is experience threw two migrant workers George and Lennie Small, also they are other minor roles such as Curly Candy And Curley’s wife. During the 1930’s in the great depression era. The loneliness factor in the novella is extremely great. All these Charters have a desire to do something in there life. The loneliness comes in when they try to achieve t here goal and, does not come threw but, focused on anther individual less or the next best thing. â€Å" I get could get along so easy with out, and maybe have girl.† (Steinbeck 7) George is talking to lennie in a intense situation. In all honesty George desires to a have family, with out taking care of lennie. He wants to have a family of his own. He feels like its his moral responsibly to take care of him. this makes the american dream remarkably greater to achieveShow MoreRelatedJohn Steinbeck s Of Mice And Men1248 Words   |  5 PagesIn Steinbeck s novel Of Mice and Men, He uses imagery many times to create a realistic setting and plot. Steinbeck’s depiction of migrant workers and their daily complications during the depression are objectively precise due to his use of imagery with idioms, dreams, nature, loneliness and animal imagery. The main theme of the book transpires to be loneliness and fate. While George and Lennie, the main characters have a synergetic relationship, fate steps in and does away with their dreams, whichRead MoreJohn Steinbeck s Of Mice And Men897 Words   |  4 Pagesthat we possess. Many people feel certain emotions based on events that have taken place in their lifetime or how they were raised throughout their childhood. In John Steinbeck’s Of Mice and Men, he portrays the feelings of isolation and loneliness in three different characters. George’s isolation is illustrated in Steinbeck’s, Of Mice and Men. George expresses many hard feelings towards Lennie at the opening of this story. â€Å"‘...you’re a lot of trouble,’ said George. ‘I could get along so easy and soRead MoreJohn Steinbeck s Of Mice And Men1243 Words   |  5 Pagesis what John Steinbeck achieves by portraying this through the characters in his novella Of Mice and Men. The main characters are affected by loneliness in their own different way throughout the novella. rf The loneliness is maintained by the challenges that the characters have to face, and they sustain those challenges of being inhumane towards each other. Crook, a figure in the story who experiences discrimination encounters the challenge of race, due to the book’s setting in the 1930’s duringRead MoreJohn Steinbeck s Of Mice And Men1080 Words   |  5 Pagesâ€Å"I want you to stay with me Lennie. Jesus Christ, somebody’d shoot you for a coyote if you was by yourself.† The novel Of Mice and Men by John Steinbeck shows the relationship between two migrant workers in the 1930s, George and Lennie, along with the other members on the new ranch that they began working on. Georgie and Lennie dreamed of following the American Dream and owning their own patch of land and the novel revolves around the dream and the obstacles that stand in their way. Lennie, a strongRead MoreJohn Steinbeck s Of Mice And Men1286 Words   |  6 PagesThe realistic fiction novella O f Mice And Men by John Steinbeck explains the journey of two migrant farm workers. Lennie and George are forced to overcome the Dust Bowl and The Great Depression around 1938. This makes jobs even harder to come by because everyone wanted one. Lennie and George were kicked out of Weed and they now work at a ranch in Soledad. At the new farm the friendship between Lennie and George becomes harder to maintain. The people on the farm are all different shapes, sizes, andRead MoreJohn Steinbeck s Of Mice And Men2167 Words   |  9 Pagesjobs. In John Steinbeck’s Of Mice and Men, George Milton and Lennie Small wander through California in search of a new job that would help them make enough money to live their American dream on â€Å"the fatta the lan’†(Steinbeck 14). George and Lennie’s hard work and determination is not enough for them to live their dream. Lennie has a mental disability that slows the two friends down from living their dream; they have to ru n from job to job because of Lennie’s unintentional actions. Steinbeck incorporatesRead MoreJohn Steinbeck s Of Mice And Men1360 Words   |  6 Pagesfeeling, thinking and acting in everyday life. In the story Of Mice and Men by John Steinbeck, a duo of farmers, George and Lennie, search for work wherever they can. Their dream of having a farm of their own is coming into reach, while George has to wield Lennie away from the temptation of Curley’s wife and the reality of what Lennie can do. John Steinbeck uses characterization to illustrate the nature of human existence. Steinbeck portrays George as a man who tries to help, and helps others soRead MoreJohn Steinbeck s Of Mice And Men1448 Words   |  6 Pages In the novella, Of Mice and Men, John Steinbeck discusses the idea of loneliness and how people who work at the ranch have no family and no future in lives. He indicates that all people at the ranch are lonely, but he specifically uses a few characters to highlight their state of being lonely and more miserable than the others. He emphasizes the loneliness of ranch life during the Great Depression, and shows how people are willing to try and find friendship in order to escape from the state ofRead MoreJohn Steinbeck s Of Mice And Men1205 Words   |  5 Pagesand the time period of John Steinbeck s novella, Of Mice and Men, exemplifies the idea that people from minorities are held back from achieving their version of the ‘American Dream’. This goes to prove not everyone will overcome the overbearing tidal waves of their hardship s, which makes the American Dream nothing more than a dream to them. Crooks, the black stable hand, faces discrimination due to his skin color as this unfortunately was common in the 1930’s. John Steinbeck uses Crooks’ situationRead MoreJohn Steinbeck s Of Mice And Men968 Words   |  4 PagesSolidifying the theme of John Steinbeck’s Of Mice and Men, the protagonist George expresses his significant loneliness despite a strong kinship with his friend Lennie, â€Å"’I ain’t got no people†¦ I seen the guys that go around the ranches alone. That ain’t no good’† (41). Published in 1937, amidst the horrific turmoil of the Great Depression, Steinbeck’s novella struck a sensitive chord with readers. Set in the heart of California’s Central Valley, this story follows two men, George and Lennie, as they

Thursday, December 12, 2019

Developed and Efficient Transport System †Myassignmenthelp.Com

Question: Discuss About the Developed and Efficient Transport System? Answer: Introduction The need for an efficient transport system prevails in every country. That is true for Australia also. For making progress, a country must have a developed and efficient transport system. These transport networks include transport on road, water and on air. In Australia, both the government legislation and public investments schemes are working towards improving the transport system. The domestic air transport is one of the major components of the transport sector of Australia. However, the domestic airlines industry is dominated by few airlines, namely Virgin Blue, Qantas Airways, Air North, Skywest Airlines, Aeropelican, JetStar Airways, National Jet, Tiger Airways Australia, and Rex Regional Express (Ozflightsguide.com.au 2017). Since, Australia is geographically located far from the major population and trading centers of the world, it is highly dependent on air travel of passengers as well as cargo, internationally and domestically. Hence, the economic performance of the country , and the welfare of the society are heavily dependent on the proficient and competitive markets for the airlines and the markets for supporting services to the airlines (Bitre.gov.au 2017). However, the level of competition is not much to have a significant effect on the performance of the airline industry. It is known that greater competition helps to achieve more efficiency in performance. This report focuses on the advantages and disadvantages of competition on the Australian domestic airlines industry, and the extent to which the country will be benefited from greater competition in the airlines industry. Industry overview: The airline industry of Australia is classified in three major categories: Regional, Domestic Trunk routes and International. A domestic airline is one with regular transport service with high capacity fleet containing more than 38 seats or a payload of over 4,200 kg. The domestic trunk route airlines encompass the main air passenger service network domestically. There is deregulation in this industry as the federal government ended two airline policies in 1990. Another important section is the regional airlines, which operate mainly in the domestic regions of the country like intra-state and inter-state services. The fleet size varies from 8-10 passengers to more than 200. The regional airlines are treated as economic lifelines in the regional markets and service centers enabling easy and swift transportation of passengers, cargo, tourists, and regional produce across the island (Aph.gov.au 2017). The main players in this section are Qantas and Virgin Blue as per their current marke t share and revenue. The international category is the one that flies overseas. Figure 1: Regional airlines map (Source: Ozflightsguide.com.au 2017) Over the last decade, the growth of the regional and domestic airlines has been massive. The number of passengers travelling across the country has increased significantly. These passengers include business travelers, students and tourists. It also indicates that, with the growth of the economy, the number of business transactions have increased, and tourism has increased too (CAPA 2015). Regulatory environment The domestic airlines market of Australia is fairly liberalized as per international standards. When there were regulations on routes and prices, the airlines earned moderate profit. But, as the regulations of IATA were removed and the industry was liberalized in November 1990, the airlines started to make policies for earning excessive profits with sky high prices and lack of competition (Littlechild 2012). Current status of the industry According to a report by Airlines Network News and Analysis, it has been found that, by May 2016, the demand for domestic air transport increased by 1.7% and reached to 58.3 million passengers than in previous year. The government data shows that, eight, out of top 10 domestic city pairs, reported growth in the routes of Melbourne to Gold Coast. That results in the increase in passengers by 7.2% to 1.89 million. Due to this increase, this particular route came up to seventh position from ninth in the ranking of the busiest domestic air routes of the country. Another biggest domestic trunk route is the one from Sydney to Melbourne. Almost 8.77 million passengers flew in this route in 2016, which is an increase of 3.9% than in 2015 (anna.aero 2016). Market structure: The domestic airline industry in Australia follows oligopolistic competition. Few large airlines dominate the total domestic airlines industry. The products and services are slightly differentiated and those are close but not perfect substitutes of each other (Tyers 2014). Oligopoly is a market structure where few large firms dominate a large market. There are many buyers. Product differentiation exists in the market and the products are not perfect but close substitutes of each other. The other main characteristics of oligopoly market are (Gwartney, Stroup and Clark 2014): The firms act like a group. One firms decision or action affects the others. There is price rigidity in the market. If one firm reduces its price, other would respond in the same way to retain their market share. Such behavior leads to price war, which causes loss for every firm in the market. Non-price competition exists in the market due to high level of product differentiation. There are high barriers to entry for new entrants. The existing firms often form a cartel to practice monopoly behavior and create barriers for new firms. Thus, there is lack of competition in the market. In the context of domestic airline industry, it is seen that: There are less than ten airlines dominating the entire domestic passenger and cargo transport of the nation. The main service of the airlines is the transport of the passengers and cargo. Along with that, the airlines provide other services such as, comfortable seats, variety of meals, baggage etc. These services vary from one carrier to the other. Therefore, the airlines provide goods and services that are differentiated. These are close but not perfect substitutes. The airlines practice price discrimination and non-price competition. All the airlines act like a group. The action or decision of one airline affects the others, hence they tend to respond in the same way. To create high barriers to entry for a new potential entrant in the market, they act like a cartel and practice monopoly pricing and behavior (Tyers 2014). Thus, it is evident that there is lack of competition in the domestic airline industry of Australia. The concept of Cartel in aviation industry: In the above context, the concept of Cartel fits best. A cartel is defined as a formal group of independent producers or service providers, who join in agreement to act in a way to increase the collective profit. For that, they follow various restrictive practices such as, price fixing, limitation of supply etc. The producers in a cartel usually act as a single producer and regulate or manipulate prices for collective profit maximization. They generally control the selling prices and ensure lack of competition. Cartel is a typical form in oligopoly market, under collusive oligopoly. Sometimes, the producers do not enter into a formal agreement; however, they are in mutual understanding to form a cartel (Hyytinen, Steen and Toivanen 2013). The example of informal cartel can be the domestic airlines industry of Australia. They are not in any formal agreement to form a cartel. Although, they act together in a way that their collective profit is maximized. There is competition among the airlines, but the airlines have created high level of barriers for any new entrant. They act together to set the market price in such a way that it becomes difficult for a new airline to enter the industry and make profit (Aguirregabiria and Ho 2012). The firms in a cartel have less market power than a monopoly, where a single producer or firm has total control over the entire market. In cartel, few firms act jointly, hence, the market share is divided among them. There is negative effect of cartel on the consumers, as they impose higher prices and restricts the supply (Stellios and Hancock 2014). Figure 2: Price and output determination under Cartel (Source: Author) The above figure shows the way of price and output determination for two firms under cartel. Here, in (c), AR is the aggregate demand curve for both the firms, and MC is the sum of MC1 and MC2, for firms 1 and 2 respectively. The final output of the industry is determined as per the MC and MR curve of the industry. P and Q are the industry price and output in figure 2(c). This level of total output is shared by both the firms. This is done by a horizontal line, drawn from the industry equilibrium point E towards the MC curves of the organizations. The equilibrium points for the firms are at E1 and E2 respectively. The supply of firm 1 is at Q1 and that of firm 2 is at Q2. Q = Q1 + Q2. This level of supply leads to joint profit maximization of the member firms. The Australian airlines also follow these characteristics of a cartel. The entire market share is divided among the few airlines, such as Qantas, Virgin Blue etc. No single airline can control the entire market. These airlines practice various types of high prices for various services. Thus, consumer welfare gets reduced. The absence of regulation and presence of liberalization in the airlines industry have led to unfair practices by the airlines (Borenstein and Rose 2014). Cartel and competition: The practices of the airlines do not provide much benefit to the customers. The passengers are stuck in an imperfectly competitive market, and they are paying very high fares for slightly differentiated products and services. The entire market is ruled by a few airlines who charge very high prices. The entry of a new or expansion of an existing low-cost airline is extremely difficult and is discouraged by the bigger airlines. Hence, the competition is minimized and the airlines keep their prices higher; and frequency and quality of service lower without any formal agreement with the other airlines in the industry (Fallon 2013). According to Alfred Kahn, former Chairman of the Civil Aeronautics Board, greater competition would definitely increase the efficiency of the services and it would also increase the consumers welfare. He said that, if some new airlines could enter the airlines industry and charge any price, then the overall fare would drop faster and more customers would prefer to fly. However, airlines have quite high fixed cost of operation due to expensive capital-intensive equipment; and there is very little product differentiation. Thus, in a more competitive environment, all the airlines would face losses. After deregulation in November 1990, the airlines got engaged in a price war and finally incurred heavy losses (Kuttner 2017). The airlines behave as they are in a group. They make a hub of their service network in different airports and they all stay out of each others hubs. They monitor each others pricing decisions; hence, true price competition is not prevalent much. The domestic airlines industry of Australia transformed to an unregulated cartel from being a regulated industry. The quality of service was reduced, restoring profitability of the airlines by compromising with passenger convenience and economic efficiency (Joy 2012). Benefits from competition: Competition leads to more choices, better service and lower fares in the aviation industry (OECD 2014). If the barriers to entry are reduced, the benefits are as follows: New airlines can enter the market. More routes, more destinations will be available; number of flights will be increased, flexible departure time will be scheduled; quality service will be provided; there will be more innovation towards cost efficiency; and fares will be reduced due to increase in number of choices. Hence, the overall efficiency and profit of the system and welfare of the passengers will be increased due to competition in the market (The Conversation 2013). Disadvantages due to lack of competition: One of the major disadvantages of lack of competition is the price discrimination. The airlines practice a high degree of price discrimination. They charge different prices to different customer groups. The criteria also vary for different groups. Some passengers prefer convenience and comfort over price. Their demand for the flight ticket is price inelastic. On the other hand, the other group prefer cheaper tickets over comfort (Homsombat, Lei and Fu 2014). Hence, the airlines have Business and Economy class with different ticket prices. Apart from that, the airlines charge extra money for meal, baggage charge, alterations in the tickets such as change in schedule, seat allocation etc. The lower fare comes with higher restrictions like inconvenient departure time, while the higher fare comes with low restrictions. Thus, the airlines practice monopoly power regarding price and quality of supply (ACCC 2016). These airlines engage in high level of non-price competition due to the products and services being close substitutes. For example, every airline has their own frequent flier programs, priority passenger facilities, extra services on board, flexibilities regarding tickets etc. Although they make it appear to be cost saving and exclusive than that of the rival airlines, yet there are many hidden fees in these programs. They make up the loss in the ticket price by charging extra for baggage, meals on board, extra facilities like blanket, headphones, books or magazines, alcohol etc. Thus, the amount of benefit of the passengers gets reduced by these hidden fees of the airlines (Zhang and Czerny 2012). The domestic airlines mostly follow hub-and-spoke network system rather than flying directly. It wastes time of the passengers and fuel for the airlines. In the aviation industry, the system of flying more miles than required for reaching a destination is called circuity. These are profit-making strategies promoted by the airlines, which gives the false image of efficiency, because in reality these increase the cost of the systems at the expense of the passengers (Adler and Gellman 2012). Conclusion The current business model of the domestic airlines takes the advantage of lack of competition in the industry and includes more conditions rather than good pricing and quality service. This reflects the arrogance, which comes with monopoly power. If there is greater competition in the market, the structure of the market would be monopolistic competition. There would be more airlines dominating the industry. There would be control in the price rise and price discrimination. As the supply of services increase due to entry of new airlines in the industry, the flexibility of routes, destinations and fares increase too; and the price would drop and people would have more options to choose from. Hence, it can be concluded that, with greater competition in the domestic airlines market in Australia, the nation would definitely be benefitted. References: ACCC, 2016. Lack of competitive pressure facilitates high profit margins at airports. [online] Australian Competition and Consumer Commission. Available at: https://www.accc.gov.au/media-release/lack-of-competitive-pressure-facilitates-high-profit-margins-at-airports [Accessed 25 May 2017]. Adler, N. and Gellman, A., 2012. Strategies for managing risk in a changing aviation environment. Journal of air transport management, 21, pp.24-35. Aguirregabiria, V. and Ho, C.Y., 2012. A dynamic oligopoly game of the US airline industry: Estimation and policy experiments. Journal of Econometrics, 168(1), pp.156-173. anna.aero, 2016. Australia sees domestic air market return to growth. [online] anna.aero. Available at: https://www.anna.aero/2016/08/01/australia-sees-domestic-air-market-return-to-growth/ [Accessed 25 May 2017]. Aph.gov.au, 2017. Australian Airline Industry Parliament of Australia. [online] Aph.gov.au. Available at: https://www.aph.gov.au/About_Parliament/Parliamentary_Departments/Parliamentary_Library/pubs/rp/rp0203/03RP10 [Accessed 25 May 2017]. Bitre.gov.au, 2017. Australian Domestic Airline Activitytime series. [online] Bitre.gov.au. Available at: https://bitre.gov.au/publications/ongoing/domestic_airline_activity-time_series.aspx [Accessed 25 May 2017]. Borenstein, S. and Rose, N.L., 2014. How airline markets work or do they? Regulatory reform in the airline industry. In Economic Regulation and Its Reform: What Have We Learned? (pp. 63-135). University of Chicago Press. CAPA, 2015. Australia domestic airline market outlook: Qantas Group reins in capacity as Virgin continues growth. [online] CAPA - Centre for Aviation. Available at: https://centreforaviation.com/insights/analysis/australia-domestic-airline-market-outlook-qantas-group-reins-in-capacity-as-virgin-continues-growth-218946 [Accessed 25 May 2017]. Fallon, J., 2013. Market structure, regulation and performance in the airline industry. 1st ed. [ebook] ONECG. Available at: https://crawford.anu.edu.au/pdf/research/sirc/air_conf_Fallon.pdf [Accessed 25 May 2017]. Gwartney, J.D., Stroup, R. and Clark, J.R., 2014. Essentials of economics. Academic Press. Homsombat, W., Lei, Z. and Fu, X., 2014. Competitive effects of the airlines-within-airlines strategyPricing and route entry patterns. Transportation Research Part E: Logistics and Transportation Review, 63, pp.1-16. Hyytinen, A., Steen, F. and Toivanen, O., 2013. Anatomy of cartel contracts. Joy, S., 2012. Contestable Market Analysis in the Australian Domestic Airline Industry. JTEP, [online] 20(2), pp.245-254. Available at: https://www.bath.ac.uk/e-journals/jtep/pdf/Volume_XX_No_2_245-254.pdf [Accessed 25 May 2017]. Kuttner, R., 2017. How the Airlines Became Abusive Cartels. The New York Times. [online] Available at: https://www.nytimes.com/2017/04/17/opinion/how-the-airlines-became-abusive-cartels.html?_r=0 [Accessed 25 May 2017]. Li, J. and Guisinger, S., 2014. 12 Patterns of international competition in service industries: global oligopolistic reaction and national competitive advantages. Coalitions and Competition (Routledge Revivals): The Globalization of Professional Business Services, p.178. Littlechild, S.C., 2012. Australian airport regulation: exploring the frontier. Journal of Air Transport Management, 21, pp.50-62. OECD, 2014. Airline Competition. OECD. [online] Available at: https://www.oecd.org/officialdocuments/publicdisplaydocumentpdf/?cote=DAF/COMP/WD(2014)24docLanguage=En [Accessed 25 May 2017]. Ozflightsguide.com.au, 2017. Domestic Airlines in Australia. [online] Ozflightsguide.com.au. Available at: https://www.ozflightsguide.com.au/domestic_airlines_in_australia.php [Accessed 25 May 2017]. Schrter, H.G., 2013. Cartels Revisited. Revue conomique, 64(6), pp.989-1010. Stellios, K. and Hancock, B., 2014. Cartelstime for clarity. Law and Financial Markets Review, 8(3), pp.204-213. The Conversation, 2013. Aussie airlines feel the pressure as international competition strengthens. [online] The Conversation. Available at: https://theconversation.com/aussie-airlines-feel-the-pressure-as-international-competition-strengthens-17504 [Accessed 25 May 2017]. Tyers, R., 2014. Service Oligopolies and Australia's Economy Wide Performance. 1st ed. [ebook] The University of Western Australia. Available at: https://www.business.uwa.edu.au/__data/assets/pdf_file/0005/2585102/14-18-Service-Oligopolies-and-Australias-Economy-Wide-Performance.pdf [Accessed 25 May 2017]. Zhang, A. and Czerny, A.I., 2012. Airports and airlines economics and policy: An interpretive review of recent research. Economics of Transportation, 1(1), pp.15-34

Thursday, December 5, 2019

Clockwork Orange Essay Research Paper A Clockwork free essay sample

Clockwork Orange Essay, Research Paper A Clockwork Orange is the narrative of a immature teenage bully, Alex DeLarge, who with the company of his confederates commit, repeated homicides and colzas at dark. They break into places of guiltless people and commit offenses dressed like they are participants in a circus. During one of their darks of panic, Alex is caught by the constabulary and jailed. During his prison term, there is a research undertaking being designed to discourage the criminalistic head every bit good as to do room for the captives by antipathy therapy proposed by the authorities. Alex becomes cured by the therapy and when released back into society is rejected by his household, tortured by his friends and confronted by the people who he had committed offenses against in his anterior life style. The narrative takes topographic point in Britain. In the film the jurisprudence is viewed as one that deters offense by condemning and imprisoning felons for offenses committed by presenting an option to discourage offense and jurisprudence among an single group in society. We will write a custom essay sample on Clockwork Orange Essay Research Paper A Clockwork or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page In one of the get downing scenes of the film, the British constabularies are keeping a adult female surety as if they are traveling to physical assault her. This is the first show of how corruptness of authorization creates the environment for force among the four juveniles who live among the society. Alex and his friends find exhilaration in crushing the constabulary officers senseless. Alex who is the leader of the group of four makes all the determinations for T he group. He gives the orders and shows leading. When he decides to turn out his leading by crushing two of his â€Å"cronies† the group decides to subvert his reign by puting him up at one of their chosen offense scenes. Upon Alex’s issue from the house, his â€Å"cronies† hit him about unconsciously. They no longer wanted to be in his control. He can non get away the scene due to the hurt sustained. Alex is arrested and goes through the whole tribunal procedure. He is found guilty of slaying and sentenced to forty old ages in gaol. He so grows onto the prison system, going a friend of the priests, officers, and guards. He reads the bible and stays out of problem. Alex voluntaries for an experiment, which he learns of, that promises to liberate the condemnable head and releases the condemnable back into society. The experiment is one, which through a series of Sessionss makes Alex physically sick from the offenses he has committed. The Sessionss involve the scre ening of offenses and the music of Beethoven being the lone thing he can hear. Alex upon completion of intervention can non experience any idea of force ailment become ill and experience awful hurting. Upon release from his intervention his household rejects him because they fear him. He is rejected by society because everyone who he has contact with has a blood feud against him for the offenses he committed against them. The one time # 8220 ; buddies # 8221 ; have now become constabulary officers and decide they have the authorization power over Alex now and crush his senseless.