Wednesday, December 25, 2019

Movie Analysis The Movie, Movie Theatres And The Film...

No matter which form it takes, films hold the power to transport their audiences into different dimensions within the span of a few hours. The technology and talent behind the movie itself speak volumes when combined on screen but there is more that add to the movie-going experience. Going to the movies has been a popular hobby for people since the moment they were introduced to the world and even after decades this has not changed. History may have evolved and fluctuated over the years but the mere fact of the enjoyment people feel walking in and out of the theatre has remained the same. Not only have the movies themselves changed in quality and context, but also the overall experience of going to the movies has changed tenfold. The film industry becomes overly branded as it commercialized the experience of watching a film, the quality of its movies, audience, and location to maintain success. By commercializing the brand of movies and the experience itself, movie theatres and the f ilm industry are making it less about the movie itself but more about their overall success as a business and what can make them successful. There are several factors that, when combined, create the overall movie-going effect, however nowadays it has become more of a luxurious night out then it has ever been before. In early years of the twentieth century, to go to the movies meant solely that, people would meet to distract themselves from the wars occurring and spend less than an hour watchingShow MoreRelatedThe Business Rivalry Of The Cinema Industry921 Words   |  4 PagesIndustry dynamics and changes in the society have threatened the existence of cinema. Theatre was among the ideal places that people visited during leisure time. During those times, investors in the theatre sector made profitable returns out of their investments. The cinema sector was protected because a movie was first premiered in a theatre before people could watch it in electronic media platforms in their houses. However, recent changes in the society have made it possible for individuals toRead MoreHomework1062 Words   |  5 Pagescustomers’ perceptions of a firm in relation to its competitors regarding two attributes. Prepare a market position map for Alamo Draft house using â€Å"food quality and â€Å"mo vie selection† as axes. Answer: The market position map for the Alamo Draft house using food quality and movie selection as axes is as follows: Big Small Movie Selection High Low Food Quality 2. Use the â€Å"Strategic Service Vision† framework to describe Alamo Draft house in terms of target market segments, service conceptRead MoreThe Driving Force in Entertainment is the Motion Picture1149 Words   |  5 PagesANALYSIS OF MOTION PICTURE REVIEW AND SYNTHESIZE The motion picture is the main driving force of the entertainment market, one of the biggest export markets, the United States. Movie industry is divided into three stages: studio production, distribution, and exhibition. Movie studios, is the lifeblood of the industry. No matter the size of the studio, it is a product of integration and release. The next stage is the distribution. The distribution is an intermediary between studios and exhibitorsRead MorePresentation Of The Movie Exhibition Industry3550 Words   |  15 PagesThe movie exhibition industry dates back to the first ever movie theatre1, a commercial space which was created to show projected motion pictures. From then to the present age the movie exhibition industry has been successfully running businesses and the major four big players in this business are Regal entertainments, AMC Cinemas, Cinemark and Carmike Cinemas. The revenues of the these companies have been at a higher rate, but the movie industry is still findi ng many obstacles as the technologyRead MoreMovie Marketing Plan1393 Words   |  6 PagesMovie Marketing Plan Ideas and Images Private Limited Executive Summary Situation Analysis Ideas and Images Private Limited was founded in 2010 by students of film making with a vision to develop new trend, and improve film making in Nepal. The main objective is to align innovation and quality in Nepali movie making to help the industry grow and go international. Apabad is their first venture, with which they want to establish themselves as the institution with uncompromising creativityRead MoreEssay about Imax Case1148 Words   |  5 PagesExecutive Summary This analysis lays out the basic concepts, key issues, Internal, and external analysis. It also includes my strategic recommendations on the possible direction that could be taken based on the case study. Basic Concepts The IMAX strategy is two pronged. The 1st prong is to expand beyond institutional environments by opening IMAX theatres within multiplexes or convert existing multiplex screens. 2nd the launch of more Hollywood films in IMAX format. Key Issues 1.) Could IMAXRead MoreDigital Piracy Essay1225 Words   |  5 Pagesof video cassettes, it required certain equipment and piracy behaviour was limited (Waterman et al., 2007). The rise of the computer and World Wide Web, however, simplified the unauthorised duplication and storage of copyrighted content and caused movie piracy to soar substantially (Fetscherin, 2005). Digital piracy can generally occur offline (through the copying of discs and files) and online (through the downloading and sharing of files). A recent study revealed that approximately 24% of globalRead MoreThe Movie Exhibition Industry 20111172 Words   |  5 PagesBusiness Strategy 491BMAL November 10, 2013 The Movie Exhibition Industry: 2011 What can exhibitors do to improve their performance? To reverse the downward trends in attendance? To improve their profitability at a time when the studios, relying on the box office more than ever, are increasingly looking internationally? Let’s start with a SWOT analysis of the local exhibitor: SWOT Analysis Strengths * Offer a product that is still relatively affordable for families and patrons * ProductRead MoreBussiness Plan for Mobile Movie Theater2314 Words   |  10 Pages But the primary concern is whether the circumstances are feasible. 3.1 Summary about the Company ‘Cinema Paradiso’ is a mobile movie theatre system which brings the high quality experience of watching latest movies. It is a motion movie house with seating capacity of 25 per bus. It is mainly targeting the upper class people those who are unable to visit theatres due to their busy life style. So the company is targeting people living in flats, villas and other residential areas. Cinema ParadisoRead MoreBussiness Plan for Mobile Movie Theater2321 Words   |  10 Pagesdemand. But the primary concern is whether the circumstances are feasible. 3.1 Summary about the Company ‘Cinema Paradiso’ is a mobile movie theatre system which brings the high quality experience of watching latest movies. It is a motion movie house with seating capacity of 25 per bus. It is mainly targeting the upper class people those who are unable to visit theatres due to their busy life style. So the company is targeting people living in flats, villas and other residential areas. Cinema Paradiso

Tuesday, December 17, 2019

Symptoms And Treatment Of Schizophrenia - 1504 Words

Schizophrenia is a disorder that affects about 1% of the population at some point (Durand Barlow, 2016). Patients with schizophrenia have a less than average life expectancy due to the fact that they are more likely to be involved in accidents and suicide (Durand Barolow, 2016). In a case study, a man named Jim qualified for schizophrenia due to his very evident suffering from delusions and hallucinations. As such, it is important to develop a thorough recommendation treatments for Jim to ensure improvement. A potential treatment of schizophrenia for Jim is having him attend a mindfulness-based psychoeducation group program. A study for this treatment showed improvement in patients’ level of functioning, amount of psychotic symptoms,†¦show more content†¦On the other hand, a patient who is hallucinating might hear, see, feel, or smell things that are not there. Most commonly, patients might hear someone whispering to them, but they may not even see anyone there. Neg ative symptoms would be feelings or behaviors that have been taken away (American Psychiatric Association, 2013). This might mean that the patient is losing interest in life, lacking emotion, or have lost the will to complete basic life activities such as bathing. Schizophrenia is often misrepresented as someone with extreme delusions and hallucinations. Unfortunately, for schizophrenic patients, it is the negative symptoms that cause the major impairments in life. Jim comes from an Argentinian family with five brothers in sisters. Jim’s first began to show signs of schizophrenia in high school. Jim had always been a good student, but his life took a turn when his father had a heart attack. This put his father in critical condition so Jim’s grades began to slip because he spent most of his time worrying and praying for his father’s recovery. Over time, his father did recover and Jim was convinced his prayers had healing power; this was his first experience with a delusion. Jim began to believe he could influence people’s actions with his mind with his â€Å"God-like† powers. Jim’s negative symptoms also are causing damage his life. He skips many of his classes when he entered college, avoids socialShow MoreRelatedSymptoms And Treatment Of Schizophrenia Essay937 Words   |  4 PagesIntroduction Per MentalHelp.net, schizophrenia is rare with approximately one-percent of the worldwide population and 1.2 percent of the population of the United States suffering from the disease as of 2009. Accurate statistics are difficult to obtain because many sufferers do not seek help. Symptoms typically – but not always – present in teen years with different peak times for females and males. Females have two peak times of vulnerability – mid- to late twenties and again around 40 – whereasRead MoreSymptoms And Treatment Of Schizophrenia1108 Words   |  5 PagesSchizophrenia What is schizophrenia? Schizophrenia is a psychiatric disorder characterized by hallucinations, delusions, disorganized thought, cognitive impairment, and mood symptoms. Hallucinations may include hearing voices (auditory hallucinations) or seeing people (visual hallucinations) that are not actually present. Patient also often have â€Å"negative† findings such as decreased energy, flat affect, and a lack of interest. These symptoms must typically be present for at least 6 months andRead MoreSymptoms And Treatment Of Schizophrenia1060 Words   |  5 PagesIntroduction Schizophrenia is a well-known emotional and mental disorder that causes hallucinations, and paranoid and delusional behaviour (Hoffer, 2004). In contrast to many other diseases, schizophrenia is mostly due to genetics and influenced by the environment. People who suffer from this disorder usually cannot differentiate from the imaginative world from the real one. Schizophrenia is often a result of stress and develops gradually (DeLisi, 2011). It is therefore, essential to start earlyRead MoreSymptoms And Treatment Of Schizophrenia1238 Words   |  5 Pagesdiagnosed with them. Although there are many neurological diseases, schizophrenia is one of them. Schizophrenia is one of the more known disorders in the psychological world. Throughout this paper the following questions are answered: what is schizophrenia, what are the causes of schizophrenia, what are some of the types of schizophrenia, and what are the treatment options for those who are diagnosed with schizophrenia? Schizophrenia is a disabling disorder and is chronic and severe to those thatRead MoreSymptoms And Treatments Of Schizophrenia1205 Words   |  5 PagesSchizophrenia Roughly 2.5 Million Americans have been diagnosed with a chronical brain disorder known as Schizophrenia. Most people believe schizophrenia causes people to have split personalities, but that’s not the case. The illness called Schizophrenia causes a person to hallucinate, hear voices that others can’t hear, make people believe that they are being watched, and the belief somebody is out to harm them. (Mental Health America 2015) In this paper I will write about the prevalence, whatRead MoreSymptoms And Treatment Of Schizophrenia1011 Words   |  5 PagesSchizophrenia is a mental disorder that consists of hallucinations, delusions, disorganized speech and thought. â€Å"Schizo† if Greek for Split while â€Å"phrene† means mind; schizophrenia literally translates to split mind (Burton, 2012). Why is schizophrenia considered to be split minded? According to Khouzam, 2012 split mind is used to describe the disruption within the thought process Schizophrenia i s a mental disorder that has subcategories that include paranoia, catatonia, disorganized, residual andRead MoreSymptoms, And Treatment Of Schizophrenia1413 Words   |  6 PagesOverview, Symptoms, and Treatment for Schizophrenia Schizophrenia is a mental disorder that is affecting people’s lives every day. There isn’t a cure for this disorder and it is lifelong. Schizophrenia can affect a person’s thoughts, emotions, and actions. People with this disorder can have a hard time figuring out what is real and what isn’t real. A common side effect to schizophrenia is hallucinations and delusions. Another common side effect is social withdrawal, which means that they avoid socialRead MoreSymptoms And Treatment Of Schizophrenia843 Words   |  4 PagesPeople who suffered from schizophrenia were once mistaken to be â€Å"dangerous† and untreatable. For this reason, they were often institutionalized and removed from society (DiRocco). The causes of this mental psychotic disorder has been much more understood over the past decade resulting in the possibility for people with schizophrenia to live more average lives. Development of treatments, such as medication and various forms of psychotherapies, have been effective in treating symptoms and common comorbidRead MoreSymptoms And Treatment Of Schizophrenia1058 Words   |  5 PagesSchizophrenia is defined as â€Å"a brain disorder that affects the way a person behaves, thinks, and sees the world.†(Melinda Smith, Jeanne Segal). Schizophrenia is treatable but incurable, and is present in one percent of the general population. Some people with schizophrenia can function normally without the help of medicines, while others must rely on medications. The disorder can also get so severe that an individual may need to be hospitalized or worse. The measures needed to treat schizophreniaRead MoreSymptoms And Treatment Of Schizophrenia1545 Words   |  7 PagesSchizophrenia, according to the Diagnostic and Statistical Manual of Mental Disorders (DSM), is a psychotic disorder that is characterized by delusions, hallucinations, disorganized speech and behaviour, and other symptoms that cause social or occupati onal dysfunction (American Psychiatric Association [APA], 2013). The symptoms of schizophrenia invade every aspect of a person: the way someone thinks, feels, and behaves; which implicates their interpersonal and working relationships. Individuals suffering

Monday, December 9, 2019

Report on Monster Beverages-Samples for Students-Myassignment

Question: Write a Report on Monster Beverages. Answer: About the Organization Monster Beverages is a California Based holding company which conducts their marketing and distribution operation through its various subsidiaries (Monster Beverage, 2017). Their main business segment includes Monster Beverages energy drinks. Their business has been classified into three segments: Finished products, concentrated and others. Their Finished product segment includes selling and distribution of their energy drinks products (Forbes, 2017). There beverage segment includes sports drinks, iced teas, energy drinks, cocktails etc. They are the second largest energy drink manufacturer who are responsible for selling around 10 billion energy drinks since its incorporation. When they first started they were into the business of selling fresh fruit juices and lime soda but after witnessing the popularity of its major competitor Red Bull, they entered into the energy drink market. Initially they failed to impress the audience and pulled back their energy drinks. They redesigned the ir energy drink composition structure and increased the content of caffeine and sugar along with the doubling the size of their drink as compared to Red Bull. In 2014, they signed a historic deal with Coca Cola, who agreed to purchase their 16.7% stake. This allowed Monster Beverages to access the distribution network in US and Canada to strengthen their market position (Bailey, 2015). Type of innovation Innovation is the Key for surviving in the market and ensure sustainability in the long run. Monster Beverages has been ranked number 7 in the Forbes list of 10 most Innovative Companies of 2016 (Forbes, 2016). They have done innovation in their product segment. In order to compete with Mountain Dew, they have introduced Mutant in order to remain competitive in the market. They have also launched Monster Hydro in three different flavours but with the same energy boosting capacity of Monster Beverages (Coca Cola, 2017). They are also planning to diversify their attention from non-carbonated drinks by launching Caf Monster but due to production issues, the launch has been delayed. To deal with the production shortage in Europe they have introduced new flavours and they have also started production in United States. They are also planning to launch white lightening which is a zero-calorie carbonated soft drink. Not only has this they are adding new flavour such as Mango Loca to their Monster energy juice segment which will be launched later this year. The CEO Mr Rodney C. Sacks reportedly said that Monster Beverages is also planning to launch X-Presso Monster Energy drink in two different flavours packed in 8-oz slim cans before year end (Watrous, 2017). The beverage industry indicated a slow growth in the first quarter of the year but expanding into the International market and launching their new products has helped them to achieve growth in the industry. Product Life Cycle of Monster Beverages The energy drinks market is dominated by two major players Red Bull being the leader and the number second spot has been captured by Monster Beverages (Mitchell, 2015). According to a research, the year 2015 the popularity of energy drinks increased about 10 percent and the total consumption was about 8.8 billion litres. The reason for their popularity is the demand of consumers for instant energy boosters (Mintel, 2016). This clear indicates that Energy drink market across the globe is witnessing growth stage in the product life cycle. Monster Beverages has signed a deal with Coca Cola to access their distribution line which will help them to boost their sales in the international segment. The global market share of Monster Beverages in the year 2015 was 21.10 percent due to their positioning as lifestyle beverages which appeal Millennials who search out for energy drinks to boost their energy (Starling, 2016). They have high content of caffeine in their drinks which provides mental and physical stability. The energy drinks have also claimed that they reduces stress and remove mental fatigue. Some Analysts estimated the sales figure of Monster Beverages in the last quarter of 2016 as $722.5 million but the actual net sales figure was $753.8 million. Monster Beverages yearly growth shown an increasing trend of 16.8% in United States. They performed exceptionally well in their international market which includes countries like Europe, Middle east and Africa as the sales figure rose by 33 percent. Which means they outperformed the expectations of market analysts and continue to grow strong (Bailey, 2017). (Source: Market Realist, 2017) Attributes of Adoption Monster beverages with bold tag line message Unleash the beast targets the young audience. Their advertising and marketing campaigns are more related to adventure and sports. Initially when they entered into energy drink segment their major focus was on athletes who wanted a beverage so as to satisfy their thirst and energy needs. But over the time they have expanded their reach and shifted their focus on other consumer segments. They regularly sponsor sports events with an aim of attracting adventurous and sports enthusiast audience which can related with the Monster Energy drinks. They also claimed that the presence of high caffeine structure has fetched attention of many millennials who seek a way to release stress and their overall day fatigue with the help of Monster Energy drinks. Other favourable factors which has induced consumers to try energy drinks in International market is due to growing population and increase in disposable income of middle class consumers. The Monster energy drinks are still not popular in their female segment because they perceive that the brand Image and its slogan is masculine and sporty. But by adding low calories drinks in their product portfolio with colourful packing and new flavours they are definitely try to attract more female audience. The main purpose of these energy drink market is to provide energy. The most common segment that is most attracted towards purchasing these beverages are young and millennial generation who are suffering from hectic personal professional lives. They have to balance many things at a time and due to their busy lifestyle they are more vulnerable to physical and mental exhaustion and lack of energy. Monster beverages not only keeps their target market hydrated but also provide them with high energy. Both young and older millennials of the age group of 18-26 years and 27-37 years have shown a strong interest and taste in the Monster Beverages. Older Millennials consumer more drinks than young er millennials (Bailey, 2015). Other demographics of an energy drinks are that they are consumed more by US military members in order to fulfil their energy needs. The Monster beverages are also served in clubs and bars which attracts young audience who consumes the beverage as they can related with the brand image. Network effects Network effects refers to the utility derived from consuming a particular product by the user and its consumption creates value for the other users also. When the deal was signed between Monster Beverages and Coca Cola to access their international distribution segment outside the US it created positive synergy for Monster Beverages. With the help of Distribution network of Coca Cola they were able to boost their sales globally and their sales numbers rise tremendously. It also helped Coca Cola to strengthen their brand image in the energy drinks market. It created a positive networking effect on both Coca Cola and Minster beverage. Monster Drink have a positive impact on the health and productivity of consumers as it contains high caffeine content and other stimulating ingredients which keeps individual alert and boost their Central nervous system. It also helps to increase their performance and productivity at workplace. Which means it has a strong and positive impact on managers who are expecting their employees to be more productive at workplace. Monster Beverages are quite popular in US military as these energy drinks are a necessity because they have a tough routine from waking up early to running several miles and engage in tiring physical activities. Monster Beverages have replaced coffee among military people and an energetic army force provide value to country and the residents (Lutz, 2014). Switching cost The major players in the energy drink market are Red Bull and Monster Beverages. The Switching cost refers to the cost incurred by a consumer when they switch from one brand to another. The switching cost between both the products is very low. Though Monster beverages are quite a hype among the younger audience the major reason for their success can be credited to the price at which their beverages are offered. Another reason why they are more successful as Compared to Red Bull is because the caffeine content in Monster Beverage is 33.8 mg per 100 ml as compared to Red Bull which has caffeine content of 32 mg per 100 ml which is just slightly more (Duncan, 2013). The only thing that sets Monster Beverage apart from its competitor is price offering. The Beverage industry is very attractive as they are number of player beside Red Bull who are providing high concentrated caffeine product for e.g. Pure Cofain an energy drink launches in Europe has caffeine content of 175 mg in 250 ml pac k. The substitution effect is high in this market segment. First Mover Advantage Model The first mover advantage in the energy drink segment goes to Red Bull who started operating into the market much before even Monster Beverages. Their popularity was on rise as there were no energy drinks that were able to match the caffeine content and quality of Red Bull. In 1997, they first launched their Energy drinks which was quite different than their previous product line which included fruit juices and Sodas. But they knew the secret of the success and launched a better energy drink with high caffeine content. Over the years both Red Bull and Minster Beverages have made ensured their competitive space in the beverage industry. While Red Bull has kept their focus on just energy drinks but Monster Beverages understood the importance of innovation to survive the competition. They have introduced diversified range of products in many flavours which caters the need of every market segment. This has given them a first mover advantage as Red Bull is still focus on only one segment and Monster beverages has exploited the opportunity and slowly moving ahead in the market with their price and product offering. Existing Innovation Strategy The innovation strategy followed by Monster beverages is launching and diversifying new products in their product portfolio to have a competitive advantage over its competitors. Red Bull hasnt changed its design over the years but Monster Beverages understood the importance of packaging to target and engage younger audience. To create a distinct image than the Red Bull they have increased the caffeine content and sell their products in 500 ml cans also. By launching new flavours tailored according to the needs of local market segment. Their brand identity directly appeals to sports person or individual who are adventurous. Innovative Strategy Monster Beverages have already introduced many flavours and product line in their beverage segment. The other innovation that can be exploited by them is their competitor Red Bull has launched its Virtual Reality Platform which enables an individual to access hear wrenching sports such as cliff diving, skiing, helicopter aerobatics and many outdoor sports experiences by just sitting at home. These games can be accessed on desktops and smartphones but for the more realistic and thrilling experience by connecting through VR headsets such as Google Cardboard (Sulleyman, 2017). Red Bull has followed a smart and innovative approach of targeting youth. They have been associated with many sports events but the VR platform has helped them to achieve a brand image which is directly associated with the younger audience. Monster Beverage has also been associated with sports persons and adventure. By introducing their own virtual reality gaming platforms they can engage more young sports enthusiasts. They already have a strong base of young audience and by introducing thrilling outdoor games on a virtual reality platform like Red Bull can help them to expand their customer base and can increase brand loyalty among the audience. References Bailey, S, 2015, Mintel Forecasts Strong Growth in the US Energy Drink Market, Accessed from https://marketrealist.com/2015/06/mintel-forecasts-strong-growth-us-energy-drink-market/ on 13 June 2017. Bailey, S, 2017, Monster Beverages Sales: Key Drivers behind Strong 4Q16 Growth, Accessed from https://marketrealist.com/2017/03/monster-beverages-sales-key-drivers-behind-strong-growth/ on 13 June 2017. Bailey, S., 2015, An overview of Monster Beverage Corporation, Accessed from https://marketrealist.com/2015/01/overview-monster-beverage-corporation/ on 13 June 2017. Coca Cola, 2017, Monster Energy Announces All New MONSTER HYDRO, Accessed from https://www.cokecce.co.uk/news-and-events/news/monster-energy-announces-all-new-monster-hydro on 13 June 2017. Duncan, G, 2013, Monster v Red Bull: High octane energy drinks battle brews in UAE, Accessed from https://www.thenational.ae/business/industry-insights/retail/monster-v-red-bull-high-octane-energy-drinks-battle-brews-in-uae on 13 June 2017. Forbes, 2016, 10 Most Innovative companies of 2016, Accessed from https://www.forbes.com/pictures/fhgl45kied/monster-beverage/#22d5375530fe on 13 June 2017. Forbes, 2017, Monster Beverage on Forbes Lists, Accessed from https://www.forbes.com/companies/monster-beverage/ on 13 June 2017. Lutz, A, 2014, How Monster Energy Became The Military's Favorite Beverage, Accessed from https://www.businessinsider.in/How-Monster-Energy-Became-The-Militarys-Favorite-Beverage/articleshow/42200784.cms on 13 June 2017. Mintel, 2016, ENERGY DRINK LAUNCHES GROW 29% IN FIVE YEARS AS GLOBAL SALES REACH 8.8 BILLION LITRES, Accessed from https://www.mintel.com/press-centre/food-and-drink/energy-drink-launches-grow-29-in-five-years-as-global-sales-reach-8-8-billion-litresn on 13 June 2017. Mitchell, D, 2015, These Are the Top 5 Energy Drinks, Accessed from https://time.com/3854658/these-are-the-top-5-energy-drinks/ on 13 June 2017. Monster Beverage, 2017, Monster Beverage Corporation , Accessed from https://www.monsterbevcorp.com/ on 13 June 2017. Starling, S, 2016, The worlds unquenchable thirst for energy drinks, Accessed from https://www.beveragedaily.com/Markets/The-world-s-unquenchable-thirst-for-energy-drinks?utm_source=copyrightutm_medium=OnSiteutm_campaign=copyright on 13 June 2017. Sulleymann, A, 2017, Red Bulls new extreme sports VR platform is not for the faint hearted, Accessed from https://www.independent.co.uk/life-style/gadgets-and-tech/news/red-bull-new-vr-platform-extreme-sports-cliff-diving-virtual-reality-adrenaline-a7558096.html on 13 June 2017. Watrous, M, 2017, Monster Beverage c.e.o. touts 'robust innovation pipeline, Accessed from https://www.foodbusinessnews.net/articles/news_home/Financial-Performance/2017/05/Monster_Beverage_ceo_touts_rob.aspx?ID=%7B75BA44A2-B44D-40E1-954D-4E95A84614D4%7D on 13 June 2017.

Monday, December 2, 2019

Judicial Response to Environmental Issues in India Essay Example

Judicial Response to Environmental Issues in India Paper Decline in environmental quality has been evidenced by increasing pollution, loss of vegetal over and bio-diversity, excessive concentration of harmful chemicals in the ambient atmosphere and food chains, growing risks of environmental accidents and threat to life support systems. This has drawn the attention of entire world community and therefore they resolved to protect and enhance the environment quality. How could the judiciary remain a silent spectator when the subject has acquired high importance and become a matter of caution and judicial notice. In a developing country like India, with uneducated masses, conditions of abject poverty, where the awareness of socio-economic and ecological problems in lacking, the judiciary has to play an active role to protect the peoples right against the anti-people order by infusing confidence in people as a whole for whom it exists, for as rightly put by Justice Load, Judiciary exists for the people and not vice-versa. Judiciary therefore cannot sit in silence and helplessly but must come forward actively to make good the deficiencies of law and provide relief wherever and whenever required. The Judiciary remained as a spectator to environmental exploitation until recently. But now judiciary assumed an effective role of public educator, policy maker, super- administrator, and more generally, animus environment. In India Environmental law is judicial response to the queries of its citizens against environmental exploitation and administrative sloth and also role played by the public interest litigation. Since 1 985 most of the environment cases in India have been brought before the court as writ petitions, normally by individuals acting on pro bono basis. We will write a custom essay sample on Judicial Response to Environmental Issues in India specifically for you for only $16.38 $13.9/page Order now We will write a custom essay sample on Judicial Response to Environmental Issues in India specifically for you FOR ONLY $16.38 $13.9/page Hire Writer We will write a custom essay sample on Judicial Response to Environmental Issues in India specifically for you FOR ONLY $16.38 $13.9/page Hire Writer While numerous legislative steps have been taken to give effect to the significant right of man to live in a sound environment and the corresponding duty of the State and individuals to ensure environmental preservation and conservation, our present endeavor is to analyze the steps taken by judiciary to forward this goal. To achieve this end, the judiciary had evolved certain principles to provide effective remedy in case of violation of constitutional and legislative mandate. In the subsequent sub divisions, several concepts which the judiciary has evolved in order to give force to the right of man to a healthy environment would be briefly dealt with. Right to a Wholesome Environment Judicial recognition of environmental jurisprudence, in the backdrop of industrialization, reached its peak with the pronouncement of the Supreme Court that right to wholesome environment is a part of Article 21 of the Constitution. In Subtask Kumar v. State of Briar, the court observed that Article 32 of the Constitution has been designed to enforce the fundamental rights of the citizen. The said articles provides for extraordinary procedure to enforce the right of a person. The right to life under Article 21 includes the right to enjoyment of pollution free water and air for full enjoyment of life. Judicial concern regarding right to wholesome environment has been reflected in subsequent pronouncements. It has issued appropriate directions where the government machinery has failed to perform its statutory duty, and thereby undermined the right to life guaranteed under Article 21 of the Constitution. In Indian Council for Environ-Legal Action and Other v. Union of India and Others, the chemical industries surrounding Biochip Village in Alasdair (Restaurants) contaminated the water, soil and air through the discharge of highly toxic effluents, particularly iron-based and gypsum based sludge. The court interfered to give proper remedy to the destitute villagers. It opined that the social interest litigation under Article 32 f the Constitution was a weapon in the hands of the people to enforce their right to wholesome environment, when it was blatantly disregarded by industries. In other words, the court reaffirmed that right to clean environment is an important facet of the right to life. In ROLE Genera Durance v. State of Attar Pradesh, the apex court declared that right to life includes the right of the people to live in the healthy environment with minimal disturbance of ecology and without avoidable hazard to them and to their cattle, home and agriculture land and undue affection of air, water and environment. Also, the Supreme Court, in Andorra Pradesh Pollution Control Board v. NV Naiad, has put forward the view that matters relating to environment are of equal significance with those of human rights. In its own words: Environmental concerns arising in this court under Article 32 or under Article 1 36 or under Article 226 in the High Courts are in our view, of equal importance as Human Rights Concerns. In fact, both are to be traced to Article 21 which deals with fundamental right to life and liberty. While environmental aspect concern life, human right aspect concern liberty. Principles of Common Law In 1 980, the Supreme Court held that clean civic life is the right of the inhabitants who reside within the municipal area. In Municipality Rattle v. Varnished, the petitioner, a municipal council, filed an appeal against the direction of the magistrate under section 1 33 of the Code of Criminal Procedure, 1973. The judicial magistrate, on application by the people of the area passed certain directions against the civic corporate body to bring cleanliness within the municipal area, as it had been polluted by open drains, human excreta, in absence of proper sanitation, and discharges from alcohol factories. The High Court affirmed the directions issued. Thereafter, the civil corporation filed a Special Leave Petition before the Supreme Court on the ground that the magistrate had no powers to pass order against the municipality. The Supreme Court took a very serious note of the miserable condition of the municipal area which posed health hazards for the people. Additionally the discharges from the alcohol plant overflowed the open drains making the condition more miserable. The Supreme Court issued certain directions, in addition to the magisterial directions, and fixed the time limit within which those were to be implemented. The significant contribution of this judgment, from the point of view of environmental criminal law was that, if any officer of the corporation failed to discharge his duties, then he could be punished under section 188 of the Indian Penal Code, 1860. Subsequently, in Ram Baja Shining v. Babul, the Allahabad High Court tried to read atmospheric pollution within the broad spectrum of private nuisance, and issued permanent injunction against the polluting brick-grinding factory. The court enumerated that the dust emitting from a grinding machine factory created public hazards and injured the health of individual members of the society. Any act would amount to private nuisance which caused injury, discomfort or annoyance to a person. PILL with Reference to Environment Protection Since the last decade, PILL has played a unique role by which people belonging to different walks of life and especially the down trodden are getting social justice from the Supreme Court as well as the High Courts. The PILL is now recognized as an effective instrument of social change. It is because of this new strategic of pro bono litigation that the poor and the down trodden have been able to seek justice from courts. As a result of this development, a spate f environmental cases has been brought before the courts through public interest litigation. They have been filed either by individuals, voluntary organization or by letter/petitions sent to judges. In the following passages an attempt is being made to examine some of the leading judicial pronouncements on the point. I. Delhi Gas Leak case M. C. Meat v. Union of India, popularity known as Delhi Gas Leak or Ileum Gas Leak Case, is the historic one in the field of environmental justice. The Supreme Court besides laying down substantial principles of law, embarked upon some important questions of law and policy which need to be answered. The Supreme Court laid down two important principles Of law; First, the power of the Supreme Court to grant remedial relief for a proved infringement of a fundamental right (in this case Article 21 ) includes the power to award compensation, albeit in exceptional cases. Thus, the court not only widened the scope of the Article 21 by including in it protection of environment but also included a liability in tort for those harmed others by pollution. Second, the judgment opened a new frontier in the Indian jurisprudence by introducing a new no fault liability standard (absolute ability) for industries engaged in hazardous activities which has brought about radical changes in the liability and compensation laws in India. The new standard makes hazardous industries absolutely liable for the harm resulting from its activities. It is a standard which on its terms, admits of no defenses. The case is significant from other points. The court further expanded the scope of epistolary jurisdiction when it reiterated that a public spirited individual or a social action group acting pro bono public would suffice to ignite the jurisdiction of this court and that hyper technical approach that fatted the ends of justice was inappropriate in PILL cases. Ii. The Gang Pollution Case The Gang pollution cases are the most important water pollution cases in India to date. The brief facts being, in 1985, M. C. Meat, an activist advocate and social worker, byway of a public interest litigation, filed a writ petition under Article 32 of the Constitution inter alai, for the issue of a writ/order/ direction in the nature of mandamus, directing Kanata Municipality to restrain itself from discharging waste water into the river Gang, and governmental authorities and the tanneries at Jam near Kanata to stop eluting the river with sewage and trade effluents till such time that they put up necessary treatment plants for treating these effluents. The court in Meat case I made order against the tanneries, while in Meat case II ruled against municipalities and other governmental authorities. In Meat case l, the court realizing the importance of water of the river Gang in particular, and concerned over the continuing pollution of it by the industries and municipal wastes, reminded the conviction of environmental protection as enshrined in the directive principle in Article 48-A of the Constitution which provides that Tate shall endeavourer to protect and improve environment and to safeguard the forests and the wildlife of the country. Article 51-A which imposes a fundamental duty on the citizens to protect and improve the natural environment. The court also invoked the Water Act as an indication of the importance of the prevention and control of water pollution. The court emphasized that notwithstanding the comprehensive provisions contained in the Water Act the state boards had not taken effective steps to prevent the discharge of effluents in the river Gang. The court ruled that the fact, as was asserted on behalf of the some of the tanneries, that the effluents were not directly discharged into the river but first discharged in to the municipal sewers, did not absolve them from being proceeded against under the provisions of the law in force, since ultimately the effluents reach the river Gang from Municipal Sewers. The court also invoked Environment (Protection) Act, 1 986 as further indication of the importance of prevention and control of water pollution and noted that not much has been done even under the Act by the Central Government to stop the grave public nuisance caused by the tanneries at Jam, Kanata. Meat Case II related to the action taken against Kanata Municipality and other Government entities for their failure to prevent waste water flowing to the river Gang as was asserted in the original petition by the petitioner. Accordingly the Supreme Court directed Kanata Magna Mapping to: a. Complete the works to improve sewerage system within the target dates mentioned in the counter affidavits and not to delay the completion of those works beyond those dates. B. Take action against the dairies for either removing the waste accumulated ear the dairies or to get them shifted to a place outside the city. C. Take immediate steps to increase the size of the sewers and wherever sewerage line is not yet constructed, to get it constructed. D. To construct sufficient number of latrines and urinals for the use of poor people in order to prevent defecation by them on open land. . The practice of throwing corpse and semi burnt corpses be brought to an end immediately. The Municipality and Police should take step to ensure that dead bodies or half burnt bodies are not thrown into the river Gang. The remarkable thing about this judgment is hat thought, it was a case against Kanata Magna Mapping but the court directed that this will apply mutatis mutandis to all other Minneapolis and Municipalities which have jurisdiction over the areas through which the river Gang flows and accordingly directed to send the copy of judgment to all municipalities. Ii. Durance Quarrying Case Rural Litigation and Entitlement Genera, Durance v. State of Attar Pradesh, or Durance Valley Litigation as it is commonly known, is one of the most complex environmental case handled by the Supreme Court. It is the first momentous decision of the apex court wherein it was required to balance environmental and ecological integrity against industrial demands on forest resources. The main question before the Supreme Court for consideration was whether the mine lessees could be allowed to mine quarrying operations. In its order of 12 March, 1 985, the Supreme Court, after considering the recommendations of the Braggart Committee, ordered immediate closure of most dangerous mines and those falling within Missouri city board limits. The court finds that due to working of lime stone quarries there is imbalance to ecology or hazard to healthy environment, then in that case the court will order their closure. The court thus impliedly recognized right to a wholesome environment as implicit in Article 21 of the Constitution. Iv. Calcutta Tag Hotel Case Accidents Pander v. State of West Bengal, is an important town planning case which in categorical terms reiterates the course duty to protect environment. In this case, the Government of West Bengal gave on lease to the Tag Group, four acres of land belonging to the Calcutta Zoological Garden for the construction of a five star hotel. This garden was located in Aliped, the heart of Calcutta. It was this giving away of the land that was challenged y a PILL petition, filed originally in the Calcutta High Court by two citizens of Calcutta-one the secretary of the Union of Workmen of the Zoological Garden and the other, a life member of the zoo. The Calcutta High Court upheld the lease in favor of the hoteliers. In appeal the Supreme Court held that ecological balance shall be maintained by the court in spite of the fact that such duty imposed on the government is merely a directive principle of state policy under Part IV of the constitution. The court further held: Whenever a problem of ecology is brought before the court, the court is bound to bear in mind Article 48-A of the Constitution and Article 51 A(g). When the court is called upon to give effect to the Directives Principles and fundamental duty, the court is not to shrug its shoulders and say that priorities are a matter of policy and so it is a matter for the policy-making authority. The least that the court may do is to examine whether appropriate considerations are borne in mind and irrelevancies are excluded. In appropriate cases the court may go further, but how much further must depend on the circumstances Of the case. In view of the above approach the court adopting a liberal approach in favor of the development held that the Government has acted perfectly binomially in granting the lease and its action was not against the interests of the zoo or migrant birds visiting the zoo. On the contrary as the proposed hotel is a garden hotel there is every chance of the ecology and environment being improved as a result of planting of numerous trees around the premises and removal of the burial ground and dumping ground for rubbish. Conclusion Thus, the Supreme Court of India had taken into account the right to a healthy environment along with the right to sustainable development and balanced them. This concept of right to a healthy environment and sustainable development are the fundamental human rights implicit in the right to life, which has been constructed as such in many countries. The entire judicial construction by the Supreme Court and the High Courts also reveal the humanitarian approach to these environmental laws with the help of public interest litigation. The Indian Supreme Court was the first to develop the concept of right to healthy environment as a part of life under Article 21 of our constitution. This principle is now been adopted and followed in various other countries now. Suggestions In this paper the researcher wants to recommends the following suggestions. 1) The problem can be very well addressed to masses with the help of clinical environmental education, as there will be specialized treatment to sensitizes people about environmental problems.