The Cinema Of Short Films

The Cinema Of Short Films Cinema is one of the few mediums which have managed to successfully depict the true reality of society in general and our lives in particular. As like other art forms, it depicts the multiple realties that one is faced with. It explores one of the most discarded yet eternal truths which every individual experiences and that is isolation. Each individual longs for social ties despite belonging to organized societies; it is what each one of us is ultimately reduced to. A Short film is a technical description originally coined in the Indian film industry and used in the North American film industry in the early period of cinema. The description is now used almost interchangeably with short subject. Although the North American definition generally refers to films between 20 and 40 minutes, the definition refers to much shorter films in Europe, Latin America and Australasia. In New Zealand, for instance, the description can be used to describe any film that has duration longer than one minute and shorter than 15 minutes. The North American definition also tends to focus much more on character whereas the European and Australasian forms tend to depend much more on visual drama and plot twists. In this way, the North American form can be understood to be a derivation of the feature film form, usually acting as a platform for aspirant Hollywood directors. Elsewhere, short films tend to work as showcases for cinematographers and commercial directors. (Short Film) A short film manages to tell the same tale as a full length feature film, but in a shorter duration of time. It is characterized by the directors reflection of the existing social, political and economic conditions. A short film narrative is one which can easily be created by people from all walks of life, it has universal applicability. It enables directors functioning on a small budget to tell their stories to the world. The talent in creating a short film lies in communicating the message of the film to the audience in a very limited period of time. The transitions in a short film are of critical importance. What I find intriguing is how any person imbibes from their existing social conditions and produce work which is effectively communicable to most individuals. Another reason to dwell into this topic of research is that many youngsters and amateurs start by making short films and use it as a path to grow. As Daniel Wiernicki states, Short films are often popular as first steps into the film industry among young filmmakers. This is because they are cheaper and easier to make, and also their length makes shorts more likely to be watched by financial backers and others who want some demonstration of a filmmakers ability. Many things can be achieved by creating a short film so are an ideal opportunity to get recognized and get into the industry. (Wiernicki) Through this dissertation, I aim to explore the world of short films in the context of movies which have won the Cannes Short Film Palme dOr (French: Palme dOr du court mà ©trage), which is the highest prize given to a short film at the Cannes Film Festival. These short films are a representation of different cultures, ideologies, people, religion, economic background, and political thoughts and history from across the world that come together on one platform and showcase their art. The cinema is not an art which films life: the cinema is something between art and life. Unlike painting and literature, the cinema both gives to life and takes from it, and I try to render this concept in my films. Literature and painting both exist as art from the very start; the cinema doesnt. Jean- Luc Godard LITERATURE REVIEW Throughout our history, humans have looked for different forms of expressing themselves. These expressions were in the form of poetry, literature, songs, plays, dancing, etc. films are one of the latest forms of expression that has been adopted by the people around the world to portray their views on their surroundings, any event, or moment that captivates them and they want to show it to the world. The beauty of the films nowadays is that you can detract from reality and present something beyond the human imagination at the same time one can present the harsh realities of life that some dont know about. Films as a medium of communications can be used to spread ones message or view across the world. History of Cinema (History of Film) The birth of the films happened in 1878, when Eadweard Muybridge recorded a horse running in fast motion using a series of 24 stereoscopic cameras. With the development of technology came of the Silent era. Till the 1920s movies were silent, though at times they were accompanied by musicians, sound effects, or even commentary at times. 1940s to 60s- War and Post War Cinema The wartime saw immense change in the cinema as more focus was given to propaganda and patriotic films. Films like Snow White and the Seven Dwarfs and Citizen Cane were pieces of this period. The cold war era brought movies filled with paranoia such as Invading Armies of Evil Aliens and anti- communist movies such as the Manchurian Candidate. The onset of television in the post war era also threatened the cinematic industry as a medium of watching films. During this Period, Asian Cinema specifically saw a golden age. Some of the greatest masterpieces of the Asian cinema were produced during this period. These include works like: Yasujiro Ozus Tokyo Story (1953), Satyajit Rays The Apu Trilogy (1955-1959) and The Music Room (1958), Kenji Mizoguchis Ugetsu (1954) and Sansho the Bailiff (1954), Raj Kapoors Awaara (1951), Mikio Naruses Floating Clouds (1955), Guru Dutts Pyaasa (1957) and Kaagaz Ke Phool (1959), and the Akira Kurosawa films Rashomon (1950), Ikiru (1952), Seven Samurai (1954) and Throne of Blood (1957). 1970s: Post-classical cinema This term is used to describe the period following the decline of the studio system during the 1950s and 1960s and the end of the production code. During the 1970s, filmmakers increasingly depicted explicit sexual content and showed gunfight and battle scenes that included graphic images of bloody deaths. The 1980s were filled with movies releasing with sequels like Star Wars, Jaws, and Indiana Jones. The audience also started to watch movies on their VCR at home during this period. 1990s to present: Contemporary Cinema The 1990s saw the development of the independent cinema with commercial success. Special effects also ruled during this period as it was being heavily used by the successful movies of the period like: Terminator 2: Judgment Day (1991) and Titanic (1997). During the 2000s, documentary genre of film making also rose as can be seen with the success of movies such as March of the Penguins, and Fahrenheit 9/11. Increase in the problem of digital distribution due to infringement of copyrights, and piracy also has reached heights during this period. Cinema as a whole during this decade has become more global with foreign-language films gaining popularity in English-speaking markets. Films such as City of Gods (Portugese), Lagaan (Hindi), and the Passion of the Christ (Aramaic). Some have described the prevailing style of the period as postmodern because many contemporary films are apolitical, ahistorical, intertextual, and less tied to the conventions of a single genre or culture. The transnational circulation and genre hybridity of contemporary films is exemplified by the increasing global popularity of non- English speaking cinema. (Film Studies, 2009) Major Genres of Films: Action, Adventure, Comedy, Crime Gangster films, Drama, Epic/ Historical films, Horror, Musical, Science fiction, War (anti- war), Western, and Eastern films. They are broad enough to accommodate practically any film ever made, although film categories can never be precise. By isolating the various elements in a film and categorizing them in genres, it is possible to easily evaluate a film within its genre and allow for meaningful comparisons and some judgments on greatness. Films were not really subjected to genre analysis by film historians until the 1970s. All films have at least one major genre, although there are a number of films that are considered crossbreeds or hybrids with three or four overlapping genre (or sub-genre) types that identify them. (Dirks) History of Short Films Short subject a name initially given to Short Films came into existence in the 1910s when the majority of the feature movies were being made into loner run-time editions. The name short subject is an American film industry term, which was assigned to any film within 20 minutes long or running two reels. Short subject films could be comedy, animated, or live action. One of the best known users of short subject was Laurel and Hardy and Charlie Chaplin. In 1930s came the slowdown of the short subjects, basically produced by Warner Bros and Famous studios that owned their own theatres to showcase the films. By 1995s, the rise of television led to the strangulation of the live action- short and at the same time the fall cartoon short. Since the 1960s, majority of the directors of short films have been special studio projects or independent film makers. Since the 1980s, short film term was being used for short subject. Short film as a term describes the non- commercial film that is much shorter in time length than a feature film/ an analogy that can be drawn for short film to a feature film is that of a novella and a novel. The short filmmakers heavily depend on the short film festivals and art exhibitions to showcase their short films. At the same time, these film makers have more freedom to take up more difficult topics than normal feature films as the risks are lower. Short film making is now a growing as more and more amateurs, students, common man, and enthusiasts are taking this up because of the affordability of the technology to make such films. At the same time one can showcase his work to the world by uploading it on web portals and sharing it with others. It is an area where people are turning to as a hobby, as an art, to achieve their form expressions. (Wiernicki) Festival de Cannes The Festival is an apolitical no-mans-land, a microcosm of what the world would be like if people could contact each other directly and speak the same language. Jean Cocteau Being first large international cultural event after the World War II, the Festival de Cannes opened on 20th September, 1946. The Palme dOr was created in 1955. Palme dOr became the enduring symbol of the Cannes Film Festival, awarded each and every year since to the director of the Best Feature Film of the Official Competition. At present, Festival de Cannes invites film makers from around the world to present their work in one place and exchange cultural experiences. The selections for the awards are done from a nomination of films from all over the world, from different socio-economic backgrounds, different cultures, and different historical backgrounds. Cannes offers an opportunity to determine a particular countrys image of its cinema. Festival de Cannes is a melting pot of global cinema and filmmakers. This is the reason why I have undertaken the study of the award winning short films at festival de Cannes. (Festival History) KNOWLEDGE GAP Looking at the current literature review, we see that there is a knowledge gap regarding the study of Short Films in the contemporary cinema as a communication medium. This subject requires an in-depth analysis and more research to come up with some perspectives in this area. RESEARCH OBJECTIVES To take selected works of Short Films of contemporary cinema, last ten years winner of Cannes Palme dOr du court mà ©trage (1999-2009), and analyse the context and form of Short films. Content of the winners of the Cannes Short Film awards (1999-2009) in context of political, sociological, economical, and historical backgrounds. To study the narrative codes in the films to arrive at a deeper understanding of the short films. RESEARCH METHODOLOGY The Qualitative research methodology is used in this study. The method would involve content analysis (Roland Barthes), text/narrative analysis and semiotic analysis of the movies. The Sample: The Short Film award winners of Palme dOr du court mà ©trage (Cannes Short Film Palme dOr) in Festival de Cannes in the last 10 years (1999-2009). The following Short Films have been selected for the study: Arena Megatron Ver Llover Sniffer Podorozhni Trafic Cracker Bag Eso Utan Bean Cake Anino Why the above Sample? The above following sample has been chosen for the reason being that the Festival de Cannes (le Festival de Cannes), founded in 1946, is one of the worlds oldest, finest and most prestigious film festivals which has a very good representation of directors from across the world from different cultural, political, historical, religious, economical, and sociological backgrounds. This provides us with a variety of content for our study. The above movies are selected also on the basis of them being a part of contemporary cinema. How to Study Short Films Some of the salient points/ questions that will be used to do this study of short films are as follows: Who is telling the story? Why is it being told? Does it appear to have a purpose? (media agencies, authorial voice, writers and auteurs, marketing, economics, ideology) How is it experienced? Who consumes it, where and in what way? (readers and media audiences- private and public experience, narrative structures) How is it made? (film technology, publishing and episodic publishing-the differences they make to the production process as well as to the finished product) How does it construct meaning? (film language and written language-expectations of audiences and readers, codes and conventions, narrative structures) How does it represent its subject- especially with reference to period? (representation, use of stereotypes, representation of the past) (FILM STUDY GUIDE FOR TO KILL A MOCKINGBIRD, 2003) Three Ways of Thinking Talking About Films (Wilder, 1997) Literary Aspects Dramatic Aspects Cinematic Aspects Who are the characters in the film? Did the actors make you forget they were acting? How? What vivid visual images did you note? What did they make you feel or think about? What is the films setting? Were costumes, make-up, and set equally important to the success of the film? What sounds or music do you remember? What did they make you feel or think about? What are the main plot elements? In what scene was an actors voice (pitch, volume, expression) particularly effective? What scenes can you understand even without dialogue? Why? From whose point of view is the story told? Select a scene that must have been difficult to act. How did the actor make his or her body movements appropriate and convincing? What scene has very effective or unusual editing? What is the theme of the film? Describe a scene in which facial expression was important. What feelings were developed? Were words necessary? If the film uses special effects, do they add to or detract from your enjoyment of the film? What is the mood of the film? Did the actors establish their characters more through dialogue or through movement and facial expressions? . What symbols did you notice? How is this film like or unlike other films by the director? Does this director have a recognizable style? . . Was there anything about the acting, set, or costumes that bothered you or interfered with your watching of the film? EXPECTED CONTRIBUTION Given that the art of making Short Films is on the upward trend it is necessary to analyze the current trends, narratives, and the context of the Short Films genre in our contemporary cinema. We have enough knowledge on feature length movies but we lack information on the Short Films of our age. The study of this medium is important as Short films are a highly effective medium of communication and will gain importance going forward. As more and more people are turning towards Short Film making due to accessibility to technology, it is one field that needs attention in our world of cinema. A study of its content will give us a better understanding of the Short Films and world around us through their camera scope is imperative.

The Successful Development Essay -- Technology, Logistics

The successful development and implementation of networked technologies coupled with ingenuity and collaboration allowed Michigan to thrive in the manufacturing and service sectors at the turn of the century. By 1900 railroads combined with steamboats, the telegraph, lighthouses and silos revolutionized overland transportation and travel, pulling Michigan and national markets together, aiding in the creation of the modern consumer society and the production of new technologies. Railroads cut travel time dramatically and reduced freight costs with two important economic results for Michigan. First, they made the settlement and development of continental interiors possible which transformed demanding and dangerous journeys of months into a trip of a few days. This linked the countryside more closely to the cities, production areas to markets and raw materials, and continental interiors to coastlines and waterways. Second, farmers switched from raising subsistence crops to cash crops better suited for their local soils, thus increasing crop yields dramatically and income for consumer goods. This stimulated sales, provided more jobs, increased production, and lowered prices. With business booming, companies developed new products, triggering an explosion of new technological advances, inventions, and consumer products in the latter 1800's. Steamboats would be coupled with railroads along with lighthouses, the telegraph and silos. Until steamboats, man had only his might and the wind to transport himself and his cargo. The bulk of the products were floated downstream on rafts and flatboats. However, these vessels were too clumsy to navigate upriver. Although wind was free and worked efficiently on oceans and big lakes, it was no ma... ...nessmen sough to curb seasonal irregularities and promote stability. They formed employers association to monitor labor costs, a trade association to deal with shippers, and new banks to handle the demands of capital and money markets. Due to the ingenuity of men like Sligh, McMillan and Berkey coupled with the development and implementation of networked technologies in transportation and communication Michigan was able to survive economically at the turn of the century. By 1900 Michigan would be tied to national market, aiding in the creation of the modern consumer society and the production of new technologies. These same factors that led to Michigan’s survival would later open Michigan, particularly with the help of Gerald Ford and his Motel T, to become a powerhouse of industrialization and the birthplace of a mobile renaissance in the entire United States.

Essay --

Childhood Obesity In The United States Childhood obesity is definitely a problem today because of the shocking levels that it has reached up to in the past couple of years. Genetics and the change of lifestyle and culture created children who are less healthy than people were in the last 20 years. Obesity is the result of these changes. There is a difference between being overweight and being obese. Being overweight means a person’s weight is high in comparison to other people who are the same height. This does not have anything to do with one’s level of body fat. For example, someone could be heavier because he or she has a lot of muscle mass. â€Å"† (Roth). Obesity is when a person has a very high amount of body fat in comparison to his or her lean body mass. Obesity in America increased by eleven percent between 1991 and 2003. A different study showed a comparison between 1988-1994 to 1999- 2000. The percent comparing these two periods of overweight kids increased an average of 4.1 percent for tho se between the age of two and nineteen. Recent research is doing a good job so far by the real reasons of obese children. Scientists are doing this by looking closely at nutrition and genetics. A high glycemic index comes from simple carbohydrates. For the body to digest these simple carbs it must produce lots of insulin, which lowers one’s blood sugar and makes them feel hungry. Carbs that are Complex have a lower glycemic index and do not need as much insulin to digest, making one’s blood sugar not as low. This means people do not feel as hungry as soon after eating these foods. One experiment showed children who ate foods with a low glycemic index for breakfast were not as hungry at lunch resulting in the child eating less food. Childr... ...tion classes because of problems with money. They use the money on other academic classes. Another factor that contributes to childhood obesity is that more parents are working late, which leads to fewer family meals. This results in ordering more food from restaurants, which is usually higher in fat content. Another environmental factor is that in major cities, there is less room for children to play. Some parents are able to send their children to after-school gyms and activities, but those cost money and require transportation. These are two things that not all parents have. This problem is conflict theory. In conclusion, children are getting fatter everyday. However, scientist and researchers are finding many ways to get rid of this problem. They have done a good job so far and eventually most people will be aware the importance of a healthy diet and exercise.

Blacks and Latinos in America Essay -- American History Culture Ethnic

Blacks and Latinos in America   Ã‚  Ã‚  Ã‚  Ã‚  Through our readings of the Mexicans in the U.S. and the African-American experience modules, we begin to understand the formation of identity through the hardships minorities faced from discrimination. In this paper, I am going to compare and contrast the ideas of identity shown through the readings. These two modules exemplify the theme of identity. We see how Blacks and Latinos tried to find their identity both personally and as a culture through the forced lifestyles they had to live.   Ã‚  Ã‚  Ã‚  Ã‚  Identity is one of the main questions throughout all of our readings, because it is hard for people to accept who they are in society. Accepting their identity as a minority with little if any freedoms sparks many of the social problems which I will show happening in all communities and cultures. The main issue we will discuss is how social environments effect the search for identity. The Mexicans in the U.S. module gives us examples how Mexicans try to keep their customs while living in a discriminated environment by the Whites. This module also gives us examples how people are searching for personal identity while struggling with cultural traditions. Finally, the African-American module gives us more examples to compare with the Mexicans in the U.S. module, because these readings deal with Blacks finding personal identity also through discrimination from the Whites. To properly understand the theme of identity, we must first look the factors influencing it.   Ã‚  Ã‚  Ã‚  Ã‚  The first influence we see in both modules is discrimination. The Whites as a whole did not give any acceptance towards both cultures. There were several barriers keeping the Blacks and Mexicans from breaking the lines between them and the Whites. First, the Whites saw both groups of people as minorities. They felt both subcultures were unequal from the beginning, therefore holding discriminating beliefs about the cultures from which both groups came from. Also, the Whites were very angry with these groups, who were trying to share the same freedoms.   Ã‚  Ã‚  Ã‚  Ã‚  Next, both the Blacks and Mexicans lived through their cultures and traditions from ancestors. It was very hard for either group to compete with the Whites' economy and lifestyles while keeping their beliefs strong. Now that we have an understanding of the influences on both groups' identity struggles, we w... ...d upon them as the Mexicans.   Ã‚  Ã‚  Ã‚  Ã‚  In The Autobiography of Malcolm X, Malcolm is told by his 8th grade teacher to think realistically about career goals. He is told to drop his ideas of becoming a lawyer, and look into the field of carpentry, which was a stereotypical Black job. Blacks were being discriminated against in all aspects of their lives. Even as maturing students, they were told what to do with their lives, simply because Whites did not believe Blacks should hold the same freedoms. In the movie, Eye on the Prize, we see how Blacks tried to keep their cultural values while living in the "White mans world." Like the Mexicans, Blacks had a societal identity, yet they faced many hardships in trying to find their personal identity.   Ã‚  Ã‚  Ã‚  Ã‚  As we have seen, the role of identity is a key issue in our history. The discrimination and stereotypes pressed upon the Blacks and Mexicans changed their ideas of personal and social identity. The factors that influence identity also made the understanding of this idea hard for both groups. The role that identity played in both groups was a key concept for them to understand in creating their new individuality in the "White America."

The importance of early formal education Essay

Early formal education refers to the education that children obtain during early stages of their childhood. Early childhood is a crucial time period for the development of the mental functions of children. This development, including the emergence of the abilities and skills in areas such as language, motor skills, psychosocial cognitive, and learning, is now known to be greatly influenced by exogenous factors, including the nature of the educational environment to which the child is exposed during the first eight years of life. The benefits of early childhood education have long been disputed. For many years it was believed that children who receive early formal education have an advantage over those who start school at age five or six. Today, some educators challenge that view. They speculate that intellectual and emotional harm can result from putting very young children into structured learning situations. It is hard to deny the opponents opinion that children have always grown up to be intelligent and reliable young adults  without the benefits of early childhood education. However, in my opinion, I feel like children who receive early formal education will have advantages over those who start school at age five or six because early formal education can provide a good foundation for real learning for young children, encourage the children to organize their thoughts, communicate and social with other people, and develop children’s cognition and know the importance of friendship. First, providing a good start for real learning for young children in the future is one of the reasons that I think children should attend early formal education before first grade. Children can attend early formal education, such as preschool or kindergarten before they begin elementary schools. All human beings learn to speak a language that they hear.

Kingfisher Case Study

EISSN 2277-4955 THE KING WITHOUT FISHES†¦!!! [CASE ON CRISIS OF KINGFISHER AIRLINES] Prof. Bhavik M. Panchasara Marwadi Education Foundation’s Group of Institutions, RajKot, [email  protected] com ABSTRACT Indian Aviation Industry is one of the fastest growing markets in the world. But nowadays it is in the news due to different reason. And that is the failure of one of the leading aviation player – Kingfisher Airlines. The airline has been facing financial issues for many years. Till December 2011; Kingfisher Airlines had the second largest share in India's domestic air travel market.However due to the severe financial crisis faced by the airline, it has the fifth largest market share currently. Even the company have no funds to pay the salaries to the employees and is facing several other issues like fuel dues; aircraft lease rental dues, service tax dues and bank arrears. This case outlines the financial turmoil of the Kingfisher in detail. Keywords: Aviation industry, Kingfisher Airlines, financial turmoil, financial issues, crisis and debt restructuring INTRODUCTION: Kingfisher Airlines is an airline group based in India.Its head office is The Qube in Andheri (East), Mumbai; and Registered Office in UB City, Bangalore. Kingfisher Airlines was established in 2003. It is owned by the Bengaluru based United Breweries Group. Kingfisher Airlines, through its parent company United Breweries Group, has a 50% stake in low-cost carrier Kingfisher Red. The airline started commercial operations in 9 May 2005 with a fleet of four new Airbus A320-200s operating a flight from Mumbai to Delhi. It started its international operations on 3 September 2008 by connecting Bengaluru with London.The airline has been facing financial issues for many years. Till December 2011; Kingfisher Airlines had the second largest share in India's domestic air travel market. However due to the severe financial crisis faced by the airline, it has the fifth largest market s hare currently, only above Go Air. Kingfisher Airlines is one of the only seven airlines awarded 5star rating by Skytrax along with Cathay Pacific, Qatar Airways, Asiana Airlines, Malaysia Airlines, Singapore Airlines, and Hainan Airlines. Kingfisher operates 250 daily flights with regional and long-haul international services.In May 2009, Kingfisher Airlines carried more than 1 million passengers, giving it the highest market share among airlines in India. Kingfisher also owns the Skytrax award for India's best airline of the year 2011. BAUDDHIK VOLUME 3, NO. -1, JAN-APRIL-2012 84 EISSN 2277-4955 STARTING OF THE CRISES: Ever since the airline commenced operations in 2005, the company is reporting the losses. But the situation became more horrible after acquiring the Air Deccan in 2007. After acquiring the Air Deccan, the company suffered a loss of over Rs. 1,000 crore for three executive years. By early 2012, the airline accumulated the losses of over Rs. ,000 crore with half of it s fleet grounded and several members of its staff going on strike. Following table 1 highlights losses of the company since inception: Table 1: Net Reported Losses and debts since inception (Rs. In Crores) Year Loss Secured Loans Unsecured Loans Mar-11 -1027. 4 5,184. 53 1,872. 55 Mar-10 -1646. 22 4,842. 43 3,080. 17 Mar-09 -1608. 83 2,622. 52 3,043. 04 Mar-08 -188. 14 592. 38 342. 00 Jun-07 -419. 58 716. 71 200. 00 Jun-06 -340. 55 448. 16 3. 50 Mar-05 -16. 79 159. 42 125. 06 DEBT RESTRUCTURING: In the situation of loss and tough financial condition, the company went for more loans.Table 1 shows the portion of secured and unsecured loans taken by the company. Due to heavy burden of debt and interest, in November 2010, the company adopted the way of debt restructuring and under that total 18 leading lenders, those have landed total Rs. 8,000 crores, agreed to cut interest rates and convert part of loans to equity. As per the contract, lenders have converted Rs. 650 crores debt into p reference shares which will be converted into equity when the company lists the on the Luxembourg Stock Exchange by selling global depositary receipts (GDR).Shares will be converted into ordinary equity at the price at which the GDRs are sold to investors. Besides the 1,400 crore debt which will be 800 crore converted into preference shares, another CRISIS TILL CONTINUE: Debt restructuring also couldn’t change the game. By restructuring, company had reduced the interest charges by Rs. 500 crores every year, but due to the high leverage condition and increase in cost, the company started to face the liquidity problem. The company had no funds in hand and it created the following payment problems.DELAYED SALARY: Kingfisher Airline has staff strength of 6,000 and spends 58 crore on salaries a month. According 173. 66 to the first quarter financial results, it has increased from crore under the employees cost head, which has 163. 40 crore during the same quarter last year. Kingfi sher Airlines delayed salaries of its employees in August 2011, and for four months in succession from October 2011 to January 2012. Kingfisher also defaulted on paying the Tax Deducted at Source from the employee income to the tax department. debt has been converted into redeemable shares for 12 years.Due to debt restructuring, the company able to down the average interest rate to 11% and to save Rs. 500 crores every year in interest cost. BAUDDHIK VOLUME 3, NO. -1, JAN-APRIL-2012 85 EISSN 2277-4955 FUEL DUES: In the past several years, Kingfisher airlines had trouble paying their fuel bills. Due non-payment, several Kingfisher's vendors had filed winding up petition with the High Court. As on Nov 2011, winding up petition of seven creditors was pending before the Bangalore High Court. In the past Lufthansa Technik & Bharat Petroleum Corporation Limited (BPCL) had also filed winding up petition against Kingfisher Airlines.Here are some cases: ? ? HPCL: In Jul 2011, Hindustan Petrol eum Corporation Limited (HPCL) stopped the fuel (ATF) supplies for about two hours to Kingfisher airlines owing to the non-payment of dues. Situation was later resolved. ? BPCL: Bharat Petroleum Corporation in 2009 had filed a case against Kingfisher airlines for non-payment of dues. High court in an order said that the entire amount 245 crore had to be paid by Nov 2010 and the airline paid it in instalments. AIRCRAFT LEASE RENTAL DUES: Since 2008, it has been reported that Kingfisher Airlines has been unable to pay the aircraft lease rentals on time.Due to that, the Kingfisher Airlines has grounded 15 out of 66 aircraft in its fleet as it was unable to meet the maintenance and overhaul expenses. Here are the some major issues with: ? GECAS: In Nov 2008, GE Commercial Aviation Services threatened to repossess 04 leased planes in lieu of default. Kingfisher Airlines initially BAUDDHIK On 9 December 2011, S. K. Goel, chairman, Central Board of Excise and Customs (CBEC) announced that CBEC is considering legal action against Kingfisher for not paying service tax. As on 10th Jan 2012, Kingfisher Airlines has service tax arrears of 70 crore.The Ministry of Finance has given a concession to Kingfisher and instructed them to pay the dues by 31st Mar 2012. In Jan 2012, SERVICE TAX: Kingfisher received a notice from the Airports Authority of India on February 2012 regarding accumulated dues of 255. 06 crore. The airline was operating on a cash and carry basis for the last six months, with daily payments amounting to 0. 8 crore. AAI REPORTS: DVB: In Jul 2010, DVB Aviation Finance Asia Ltd (a lessor from Singapore), sued Kingfisher Airlines for lease rental default.Case was filed in a UK court on Jul 16, 2010 after Kingfisher did not pay for three month lease rental for A320 aircraft it leased from DVB. denied that it missed the payments. GECAS had filed a complaint with DGCA saying Kingfisher had defaulted on rentals for four A320 aircraft, and sought repossession of th e planes. In Jan 2009, The Karnataka High Court rejected petition by Kingfisher Airlines to restrain GECAS from taking any step to deregister and repossess the 04 aircraft in dispute. As a result, Kingfisher had to return the A320 aircraft to GECAS. VOLUME 3, NO. -1, JAN-APRIL-2012 87EISSN 2277-4955 Kingfisher paid 20 crore towards its dues for operational by February 20. With this, Kingfisher's market share clearly dropped to 11. 3%. The cancellation of the flights was accompanied by a BANK ARREARS: Kingfisher Airlines had not paid some bankers (Lenders) as per the Debt Recast Package (DRP) with lending banks. Till the end of Dec 2011, the arrears were estimated to be 260 crore to 280 crore. Lenders hence had told Kingfisher Airlines to clear its dues before they can release any more money sought by the Airline. Ravi Nedungadi, chief financial officer of UB Group however said that the arrears were 180 crore.State Bank of India (SBI) on 5th Jan 2012 declared Kingfisher Airlines a NP A. SBI is largest creditor and the leader of the consortium of banks in the DRP (Debt Recast Package) and has an exposure of NPA by following banks: State Bank of India Bank of Baroda Punjab National Bank IDBI Central bank of India Bank of India Corporation Bank THE CRISIS CONTINUE: During late February, 2012, Kingfisher Airlines started to sink into a fresh crisis. Several flights were cancelled and aircraft were grounded. The airline shut down most international short-haul operations and also temporarily closed bookings.Out of the 64 aircraft, only 22 were known to be 1,457. 78 crore. Thus, by Feb 2012, Kingfisher has been declared 13. 5% drop in the stocks of the company on 20 February 2012. The CEO of the airlines, Sanjay Agarwal was summoned by the Directorate General of Civil Aviation to explain the disruptions of the operations. The State Bank of India, which is the lead lender to Kingfisher airlines said that they would not consider giving any more loans to Kingfisher unless and until it comes up with a new equity by itself. Political activists also claimed that bailing or helping a private airline would lead to problems within the Government.By February 27, Kingfisher operated only above 150 out of its 400 flights and only 28 aircraft were functional. Reuters reported that if Kingfisher were to shutdown, it would be the biggest failure in the History of Indian Aviation. It was announced that the direct flights to the smaller airports of Jaipur, Thiruvananthapuram, Nagpur and also to Hyderabad's Rajiv Gandhi International Airport were all shut down and only one/two-stop flights from its main hubs of Delhi and Mumbai would operate. In response to a situation as bad as bankruptcy, Vijay Mallya announced that he had organized funds to pay all the employees' overdue salaries.With bank accounts frozen and huge debts due, it is unknown so as from where he arranged the money. But he apologized to his workers and said that he would pay them immediately. By thi s time, kingfisher had accumulated losses of 444 crore during the third quarter of the fiscal year 2011-12. December 2011 and part of the arrears. BAUDDHIK VOLUME 3, NO. -1, JAN-APRIL-2012 88 EISSN 2277-4955 FROZEN BANK ACCOUNTS: On March 3, 2012, The Central Board of Excise & Customs of India froze many more Kingfisher accounts as it was unable to pay all the dues as per schedule. Kingfisher was meant to pay 1 crore per working day.Aviation minister Ajit Singh warned the airline about the temporary suspension of the license until the crisis was sorted out. He announced that the rest of the airline's fleet would be grounded and all flights cancelled until the crisis came to an end. This would be only one step from permanently closing the airline. IATA SUSPENSION: On March 7, 2012 IATA suspended ticket sales of Kingfisher airlines citing non-payment of dues as the primary reason, and they said that sales services will only be restored once Kingfisher settles ICH (IATA Clearing House) account.IATA also immediately directed all travel agents to stop booking tickets for Kingfisher. This would affect Kingfisher's business by around 30%. Kingfisher claimed that frozen bank accounts was the main cause of being unable to pay the IATA, and the airline started making alternate arrangements for the sale of tickets. Soon it became difficult for the airline to follow the much smaller schedule that it earlier released as even more pilots began to go on strike. UNCERTAINTY AHEAD: After analysing the entire scenario, there are strong possibilities of more difficult situation in the last month of fiscal year 2011-12.The company is in dilemma of finding help, but from where? 2. TEACHING NOTES 1. The purpose of the case is to make the students aware about the situation of financial crisis in any organisation. The issues involved in the case are about the financial turmoil and its effects on the business and market share of the company. 3. 4. 2. 1. Is the Problem of Kingfisher Ai rlines Industry Specific or Company Specific? What is the Impact of High Level of Debt on the operating performance of company? Should Government bailout Kingfisher Airlines? According to you, what are the possible ways for the company to overcome this situation?QUESTION FOR DISCUSSION: Government has refused for bailing and all the lenders and bankers have no more trust. The employees are also not able to tolerate the salary crisis and the slipping market share leads the more difficulties. Promoter Vijay Malya has to decide the way ahead. Whether is it possible to save the company? There are very few alternatives. As per the previous news, Etihad Airways was interested in investing in Kingfisher by providing equity in exchange for a stake in the airline. Also involved in the talks was the International Airlines Group, owner of British flag carrier British Airways and Spanish flag carrier Iberia.But the question is the permission by Government. So at present there is very tough situ ation for Vijay Malya and for the company. Will new fiscal year bring any solution for the company? Let’s wait and watch. BAUDDHIK VOLUME 3, NO. -1, JAN-APRIL-2012 89 EISSN 2277-4955 3. The case would be first given for individual reading for 15 min and then for 15 min the case can be discussed in groups of 4-5 students. 4. The case can be taught along with the concepts like ways to overcome the crisis and surviving strategies required to save the organisation keeping in mind the possible different options available. 5.The students can come prepared with topics of prevailing crisis in Indian aviation industry and REFERENCES: 6. other factors related to the aviation industry in detail. Cross reference can be made taking into account the strategies used by the local, market of the falling organisation. national and international players to capture the slipping http://www. flykingfisher. com/mediacenter/press-releases/kingfisher-airlinesannouncement. aspx http://in. finance. yah oo. com/news/kingfisherairlines-q3-loss-widens-033419822. html http://timesofindia. indiatimes. com/india/Kingfi sher†¦ /12258986. cms http://articles. economictimes. ndiatimes. com/2 011-12-08/news/30490358_1_pilots-industrialaction-kingfisher airlines http://profit. ndtv. com/News/Article/aai-warnskingfisher-airlines-to-settle-dues-297284 http://articles. economictimes. indiatimes. com/2 010-09-26/news/27585421_1_cash-and-carrymode-bpcl-s chairman-kingfisher-airlines http://timesofindia. indiatimes. com/business/indiabusiness/Kingfisher-may-have-to-weather-pilotstorm-next/articleshow/12214372. cms Annexure 1: Market share of Kingfisher Airlines as on January 2012 in the domestic Aviation Airline/Company Jet Airways (Including Jet Lite) Indigo Air India Spice Jet Kingfisher Go Air Share 28. 8% 20. 8% 17. 1% 16. 3% 11. 3% 5. 8% Source: http://in. finance. yahoo. com/news/kingfisher-airlines-q3-loss-widens-033419822. html BAUDDHIK VOLUME 3, NO. -1, JAN-APRIL-2012 90 EISSN 2277-4 955 Annexure 2: Price Movement and Performance Charts of Kingfisher Airlines Annexure 3: Index Comparison and Ownership Pattern of Kingfisher Airlines Source:http://www. bseindia. com/bseplus/StockReach/AdvanceStockReach. aspx? scripcode=532747 Annexure 4: Comparative Balance Sheet of Kingfisher Airlines [Rs. In crores] Sources Of Funds Total Share Capital Equity Share Capital Share Appl.Money Pref. Share Capital Reserves Net worth Mar '11 1,050. 88 497. 78 2. 95 553. 10 -4,005. 02 -2,951. 19 Mar '10 362. 91 265. 91 7. 48 97. 00 -4,268. 84 -3,898. 45 Mar '09 362. 91 265. 91 8. 11 97. 00 -2,496. 36 -2,125. 34 Mar '08 135. 80 135. 80 10. 09 0. 00 52. 99 198. 88 Jun '07 135. 47 135. 47 0. 00 0. 00 249. 23 384. 70 Jun '06 98. 18 98. 18 0. 00 0. 00 125. 95 224. 13 Mar’05 16. 20 16. 20 0. 00 0. 00 -2. 54 13. 66 BAUDDHIK VOLUME 3, NO. -1, JAN-APRIL-2012 85 EISSN 2277-4955 Secured Loans Unsecured Loans Total Debt Total Liabilities Application Of Funds Gross Block Less: Accum.Dep. Net Block Capital WIP Investments Inventories Sundry Debtors Cash & Bank Bal. Total CA Loans & Adv. FDs CA, Loans & Adv. Current Liabilities Provisions Total CL & Prov. Net Current Assets Misc. Expenses Total Assets 2,254. 26 682. 37 1,571. 89 673. 35 0. 05 187. 65 440. 53 88. 18 716. 36 5,380. 19 164. 18 6,260. 73 4,463. 86 62. 11 4,525. 97 1,734. 76 125. 84 4,105. 89 2,048. 14 493. 62 1,554. 52 980. 61 0. 05 164. 88 322. 49 50. 91 538. 28 4,604. 31 155. 56 5,298. 15 3,908. 03 46. 77 3,954. 80 1,343. 35 145. 64 4,024. 17 1,891. 80 316. 29 1,575. 51 1,630. 95 0. 05 147. 5 229. 84 49. 41 426. 50 3,640. 42 122. 45 4,189. 37 3,814. 63 45. 55 3,860. 18 329. 19 4. 51 3,540. 21 322. 33 43. 55 278. 78 346. 25 0. 00 48. 64 27. 16 5. 84 81. 64 832. 49 274. 29 1,188. 42 687. 31 9. 52 696. 83 491. 59 16. 64 1,133. 26 340. 77 33. 74 307. 03 357. 62 0. 41 61. 62 35. 24 422. 05 518. 91 149. 77 395. 00 1,063. 68 449. 15 6. 94 456. 09 607. 59 28. 75 1,301. 40 247. 33 16. 40 230. 93 286. 53 0. 41 57. 2 6 13. 06 181. 17 251. 49 232. 03 75. 31 558. 83 434. 05 5. 93 439. 98 118. 85 39. 08 675. 80 55. 25 4. 52 50. 73 153. 09 0. 45 36. 40 8. 27 47. 08 91. 75 47. 8 35. 85 174. 88 108. 77 1. 07 109. 84 65. 04 28. 83 298. 14 5,184. 53 1,872. 55 7,057. 08 4,105. 89 4,842. 43 3,080. 17 7,922. 60 4,024. 15 2,622. 52 3,043. 04 5,665. 56 3,540. 22 592. 38 342. 00 934. 38 1,133. 26 716. 71 200. 00 916. 71 1,301. 41 448. 16 3. 50 451. 66 657. 79 159. 42 125. 06 284. 48 298. 14 Source:http://www. moneycontrol. com/financials/kingfisherairlines/balancesheet/KA02#KA02 Annexure 5: Comparative P A/c of Kingfisher Airlines [Rs. In crores] Income Net Sales Other Income Total Income Expenditure Raw Materials Power & Fuel Cost Employee Cost Other Manu.Exp. Sell. & Admn Exp. 56. 69 2,274. 03 680. 54 1,192. 80 997. 34 40. 89 1,802. 99 689. 38 1,108. 82 996. 85 51. 19 2,602. 62 825. 42 1,112. 85 1,062. 74 43. 79 889. 30 244. 96 408. 21 180. 39 45. 94 979. 50 247. 72 617. 56 146. 78 36. 73 625. 45 163. 04 42 5. 48 114. 38 5. 77 92. 98 31. 76 104. 78 29. 13 Mar '11 6,233. 38 81. 58 6,314. 96 Mar '10 5,067. 92 -333. 30 4,734. 62 Mar '09 5,269. 17 598. 90 5,868. 07 Mar '08 1,456. 28 113. 62 1,569. 90 Jun '07 1,800. 21 342. 10 2,142. 31 Jun’06 1285. 42 59. 64 1345. 06 Mar’05 305. 55 14. 73 320. 28 BAUDDHIK VOLUME 3, NO. 1, JAN-APRIL-2012 86 EISSN 2277-4955 Misc. Exp. Total Expenses PBDIT Interest PBDT Depreciation Other Written Off Profit Before Tax Extra-ordinary items Tax Reported Net Profit Shares in issue (lakhs) EPS (Rs) Equity Dividend (%) Book Value (Rs) Per share data (annualised) 4,977. 79 -20. 64 0. 00 -70. 46 2,659. 09 -61. 95 0. 00 -150. 54 2,659. 09 -60. 50 0. 00 -83. 88 1,357. 99 -13. 85 0. 00 13. 90 1,354. 70 -30. 97 0. 00 28. 40 981. 82 -34. 69 0. 00 22. 83 31. 06 -54. 05 0. 00 43. 96 87. 94 5,289. 34 1,025. 62 2,340. 32 -1,314. 70 203. 02 38. 01 -1,555. 73 72. 99 -455. 35

Law Social Engineering

LAW AS A TOOL FOR SOCIAL ENGINEERING IN INDIA KARANDEEP MAKKAR1 Roscoe Pound introduced the doctrine of â€Å"Social Engineering† which aims at building an efficient structure of society which would result in the satisfaction of maximum of wants with the minimum of friction and waste. It involved the rebalancing of competing interests. This article analyses the role of legislations, constitutional provisions and court judgements in the process of social engineering in India.Introduction India, known around the world as a â€Å"cradle of civilizations† has always been a queer mixture of various faiths, religions, a place where the cultures of the world meet, constituting an environment of composite culture. It was for this reason that Pandit Jawaharlal Nehru called India the â€Å"the museum of world religions†. Indeed, the very paradigmatic setting of India has been pluralist all along. Even today the land mass called India, spread over 3. 8 million sq km of area inhabited by a thousand million plus population, with every imaginable kind of a weather pattern from minus 40 degree Celsius in greater Himalayan region to 50 degree Celsius temperature in the deserts of Rajasthan and temperate weather of coastal regions, 20 official languages written in 16 different scripts, around 2000 dialects, 16 well demarcated agro-climatic zones2 and almost all religions of the world well and adequately represented, presents a mind boggling variety and plurality.And all this has a bearing on India’s liberal, secular, republican, politico-legal system. Under these conditions, it becomes very necessary to have a mechanism for balancing the interests of the individuals, society and the state. India, after independence, adopted the ideal of a socialistic pattern of society and has formulated programmes of social welfare in various spheres. The aim is to establish a social order which would eradicate exploitation, secure equal opportunities for all citize ns, ensure that they share just obligations and enjoy social security.The means adopted in achieving these ideals these ideals are peaceful and democratic. The goal is sought to be achieved mainly through the enactment of suitable laws. It is generally recognised that legislation does create healthy conditions for such changes. It is in these circumstances that law comes into play to act as an agency balancing conflicting interests and becomes a tool for social engineering. This article analyses the 1 2 Student, 3rd Year, B. A. LL. B (Hons. ), Hidayatullah National Law University, Raipur. Data teken from http://en. ikipedia. org/wiki/India accessed on 31-03-2010 role of legislations, constitutional provisions and court judgements in the process of social engineering in India. The Concept of Social Engineering Roscoe Pound was one of the greatest leaders of sociological school of jurisprudence. He introduced the doctrine of â€Å"Social Engineering† which aims at building an e fficient structure of society which would result in the satisfaction of maximum of wants with the minimum of friction and waste. It involved the rebalancing of competing interests.Roscoe Pound defined the legal order by reference to the end of law: â€Å"It [the legal order] may well be thought of as a task or as a great series of tasks of social en-gineering; as an elimination of friction and precluding of waste, so far as possible, in the sa-tisfaction of infinite human desires out of a relatively finite store of the material goods of ex-istence. â€Å"3 Interests†, â€Å"desires†, â€Å"claims†, â€Å"wants† – for the most part the words are used interchangeably in Pound's writings, although â€Å"interests† sometimes serves as the inclusive term. He writes, â€Å"For the purpose of understanding the law of today I am content with a picture of satisfying as much of the whole body of human wants as we may with the least sacrifice. I am c ontent to think of law as a social institution to satisfy social wants–the claims and demands involved in the existence of civilized society–by giving effect to as much as we may with the least sacrifice, so far as such wants may be satisfied or such claims given effect by an ordering of human conduct through politically organized society.For present purposes I am content to see in legal history the record of a continually wider recognizing and satisfying of human wants or claims or desires through social control; a more embracing and more effective securing of social interests; a continually more complete and effective elimination of waste and precluding of friction in human enjoyment of the goods of existence– in short, a continually more efficacious social engineering. †5 Like the engineer, the jurist constructs, creates – but not out of thin air.Like the engineer, he must work with resistive materials, without which, however, he could not build at all; and always there are adverse conditions imposed upon his activity. Friction and waste, represented by a sacrifice of interests which might be secured, must be overcome. The task is one for human activity: though requiring methodical care, there is nevertheless nothing static about it. Technique and materials may be improved. Jurist 3 4 5 Pound, Roscoe, â€Å"Interpretations of Legal History†, Harvard University Press, 1946, At P. 160. Pound, Roscoe, â€Å"The Spirit of the Common Law†, Transaction Publishers, 1999, At P. 96. Pound, Roscoe, â€Å"An Introduction To The Philosophy Of Law†, Transaction Publishers, 1999, at p. 20. must work on, must create an ever greater, ever more serviceable structure. The engineering analogy stands out as both graphic and timely. 6 According to Roscoe Pound, law is an instrument of social engineering. The task of jurists is to find out those factors which would help in the development of culture conducive to the maximisa tion of satisfaction of wants. These factors are principles as Jural Postulates. 7 Technique of Social Engineering:Pound advocated the technique of Social Engineering for the purpose of balancing the conflicting interest of the society, in order to achieve maximum satisfaction of maximum want of the individuals. He advocated that the study of law should be supplemented by social aspects so that it may become more attractive and useful. Spencer and Bentham also in a way directly and indirectly applied law to men in society. Judicial Application: Pound suggested that judicial application of law should take into account the following factors: (a) The factual study of social effects of the administration of law. b) Social investigations as preliminaries to legislation. (c) The means by which the law can be made more effective should be devised. (d) A study of legal and philosophical aspect of judicial method. (e) Sociological study of Legal History. (f) The achievement of the purpose of law. (g) Possibilities of jurisprudence of interests and reasonable solution of the individual case. SOCIAL LEGISLATION AS TOOL FOR SOCIAL ENGINEERING When unequal distribution of wealth exists in a society or when social justice is denied to certain sections of the people, laws are enacted to bring about equilibrium.These laws may be designated under â€Å"social legislation†. Social legislation tries to remove inequalities and to benefit the whole community rather than a few individuals. It adjusts 6 7 Douglas, Some Functional Aspects of Bankruptcy (1932) 41 YALE L. J. 329, 331. Dr. Laxmikanth, â€Å"Law and social transformation†, at pg. 6 supplements and sometime replaces the existing legal system. In other words, in addition to ameliorating the social conditions of people, it bridges the gulf that exists between the existing law at the requirements of the society at a given time. Social legislation, in this sense has a special significance. It is different from o rdinary types of legislation in as much as it reflects, the legislative policy of establishing social justice on humanistic and egalitarian principles. The primary functions of social legislations are summed up by Hogan and Inni in following words: (1) To provide for the orderly regulation of social relationship. (2) To provide for the welfare and security of all individuals in the social unit. 9 Social legislation, therefore, aims at establishing social equality in society.The needs of society are adjusted and those who are responsible for creating imbalances or inequalities in society are prevented from doing so. It is however, necessary that all social legislation must be accompanied by â€Å"social preparedness† – by effective propaganda to educate the people about its objects and to convince them of the ultimate utility of a particular legislative measure aimed at promoting the common good and fostering the common welfare. It is only then that the law can give dir ection, form and continuity to social change. The effectiveness of social legislation also depends on attitude of judiciary.Under the traditional approach, the judges usually paid greater heed to the letter of the law and the mischief that was to be removed by the law. Social conditions and economic trend were not supposed to influence him in arriving at a certain decision. But this attitude appears to have changed in recent times. The judge appears to be conscious of the felt necessities of the time. He feels that his duty is not only to point out mistakes of legislature or remove unjustifiable hardships caused by law but also to assist in the social and economic progress of our times. 10 LEGISLATIONS ENACTED FOR THE PURPOSE OF SOCIAL ENGINEERING 9 10 Balbir Sahay Sinha, Law and social change in India, , 1983, Deep and Deep Publications, pg. 25 Hogan and Inni, â€Å"American Social Legislations†, Harper and Brothers, New York, at p. 4. Supra Note 7. The introduction of certa in major changes in the Hindu family law is a very important instance of social reconstruction in India in recent times. This has been brought about by such Acts, as The Hindu Marriage Act, 1955, the Hindu Minority and Guardianship Act, 1956, and the Hindu Adoption and Maintenance Act, 1956. The provisions of these Acts are calculated to generate effective means of social control.For instance,Section 12 of the Act prohibits polygamy which was very prevalent in the society before the enactment of the Act. This can be viewed as a measure to balance the interests of the husband and wife as also a means for social control. The socio-economic revolution that has resulted from new land legislations is best seen in rural India. The land reform measures, adopted by the State Governments in the wake of Constitutional amendments, are meant to mitigate the hardships of tenants, strengthen and safeguard their tenancy rights and confer a new status on them.This type of legislation can be rightly regarded as one neutralising the socio-economic disharmony in the rural population. The pitiable conditions and large-scale poverty of the rural population produced a sense of frustration in our peasantry endangering the entire society. The grievances of the agriculturists are being gradually removed by the land reform projects which would ultimately bring about a degree of social satisfaction and create a spirit of co-operation in the masses. 11 The new labour laws are aimed at battering the conditions of the workers in trade and industry.These laws have had an impact on social structure to a large extent. The individual worker’s interest has been given great importance. The freedom of contract between the employer and the employee has been regulated in the interest of the worker and attempt has been made to assure to every worker condition of work ensuring a decent standard of life. A number of important enactments as, for example, The Industrial Disputes Act, 1947, The Mi nimum Wages Act, 1948, The Plantation Labour Act, 1951, The Maternity Benefit Act, 1961 have been designed to curb, if not eradicate, the urge to exploit workers.Thus, they promote the welfare of workers and balance interests of employees and employers hence resulting in social engineering. CONSTITUTIONAL PROVISIONS PROMOTING SOCIAL HARMONY The glaring inequality of different types more particularly based on sex and caste prevailed in Indian society until the pre-independence days, despite continuous efforts by the state, reformers and missionaries to control and eradicate them. The immediate 11 Supra note 7, at pg. 27 task for the Indian people and constitution makers was to establish an egalitarian society.Therefore, in the preamble of the constitution it was declared that â€Å"we, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to secure to all its citizens: JUSTICE, social, economic and political; LIB ERTY of thought, expression, belief, faith and worship; EQUALITY of status and of opportunity; and to promote among them all FRATERNITY assuring the dignity of the individual and the unity and integrity of the nation. 2 The constitutional provisions relating to secularism aim at bringing about integration and harmony in the society. Article 15 of the Constitution forbids a classification on the ground only of religion, race, caste, sex, place of birth or any of them, subject to specified exceptions and Article 16 makes a like provision in connection with public employment with the addition of â€Å"descent† and â€Å"residence† as forbidden grounds of classification. The Constitution gives the right to all persons to profess freely, practise and propagate religion subject to public rder, morality and to other provisions of the Constitution on Fundamental Rights. Thus, in India no religion is given a preferential status or accorded any special privilege and the Constitu tional provisions aim that no person should suffer any disability because of his religion. In order to achieve social progress and political advancement, the practice of untouchability has been outlawed by Article 17 of the Constitution and by the Untouchability Offences Act, 1955 enacted in pursuance of Article 17. These are clear indications to end social equality.The provisions referred to are aimed at effectively balancing the various conflicting interests in the society and form the basis of what Roscoe Pound termed as â€Å"social engineering†. A STUDY OF CASE LAWS While Sociological jurists emphasize on the balancing of the conflicting interests of the individual, society and the public through the process which Roscoe Pound terms as the process of ‘social engineering’, the same has also been witnessed though the action of the Supreme Court when, in Vellore Citizen’s Welfare Forum v.The Union of India13 which is known as the Tanneries’ case t he Supreme Court observed as â€Å"The Constitutional and statutory provisions protect a person’s right to fresh air, clean water and pollution-free environment, but the source of the right is the inalienable common 12 Bal Gobind, Kashyap, Reformative law and social justice in Indian society, 1995, Regency Publications, New Delhi, at p. 8 13 AIR 1999 SC 2715 law right of clean environment†. The Court further observed, â€Å"Our legal system having been founded on the British Common Law, the right of a person to pollution-free environment is part of the basic jurisprudence of the land†.Thus the Court gave priority of public interest over individual interest. In B. Venkatramma v. State of Madras14, the passing of a communal order by the Government allotting certain vacant posts in government services in fixed proportions to Muslims, Christians, Harijans, Backward Hindus, Hindus, Non-Brahmin Hindus, and Brahmins was taken to be a violation of Article 16(1) of the c onstitution by the Supreme Court. CONCLUSION Rapid change in Indian social life is the result of many factors.The influence of public opinion, the lessons of history, and the examples of progress achieved in other countries, the impact of ideas from the West- all have played a part. The legislative activity in India after independence has been directed, by and large, towards the creation of a new social order. The gap between pressure of changed patterns and the slowly evolving new norms of social life was sought to be plugged by many important laws. To make social engineering through the use of law, the importance of other factors like economic development needs to be realised.Law cannot, by itself play a vital role unless it is accompanied with economic development. Public opinion also plays an important role. There should be awareness amongst the various sections of the society before legislation is enacted for its successful enforcement. The purpose of social legislation like ot her types of legislations is not fulfilled if its enforcement is lax. If laws are evaded by people, this undermines the purpose of legislation, breeds corruption and puts the administrative machinery under heavy strain. This may ultimately lead to disintegration of the society.Hence, rather than passing a number of legislations in this area without making adequate provisions for their enforcement, it is better to have fewer social laws containing clear-cut provisions for effective enforcement. The conflicts in modern Indian society are largely due to the fact that social life has not been properly adjusted to the forces of present age. In order to harmonize our relations in the society, it is absolutely essential that changes in law should be preconditioned by the existing public opinion in the society.In other words, the changes in 14 AIR 1964 SC 572 law should be only in those directions and to that extent which the people in general aspire in the society. Mere super-imposition an d direct adoption of foreign models in their entirely original form can create disruption and disorder in the society. We should retain our own social values and include foreign ideals in such a manner that the latter are fully assimilated and become a part of our social system.