Showing posts with label Management. Show all posts
Showing posts with label Management. Show all posts
Coming straight to the nub of the matter, let me begin at the very beginning by first and foremost pointing out that in a landmark judgment with far reaching consequences that will benefit those prisoners who are kept in solitary confinement, the Uttarakhand High Court delivered a landmark judgment in the case of State of Uttarakhand v 1. Mehtab s/o Tahir Hassan 2. Sushil @Bhura s/o Gulab Singh Criminal Reference No. 1 of 2014 on April 27, 2018 in 99 pages wherein it held that the practice to keep the convict in custodial segregation/solitary confinement before the exhaustion of his constitutional, legal and fundamental rights is unconstitutional. It thus abolished the practice of keeping death row convicts in isolation immediately after the sentence is pronounced, adding that solitary confinement was an “anarchic and cruel practice which amounts to torture and can cause immense pain, agony and anxiety” to inmates. I am sure that this landmark judgment will receive utmost respect not just from lower courts and high courts but also from Supreme Court which is the top court in our country! This landmark judgment must be studied by every person who has even the slightest of interest in law and legal reforms.

                                           While craving for the exclusive indulgence of esteemed readers, it must be informed here that the Uttarakhand High Court in an exemplary and landmark judgment has very rightly held in para 99 that, “This practice to keep the convict in custodial segregation/solitary confinement before the exhaustion of his constitutional, legal and fundamental rights is without authority of law. It will amount to additional punishment. It also amounts to torture and violative of his basic human rights.” The Bench of Uttarakhand High Court comprising of Justice Rajiv Sharma and Justice Alok Singh commendably held in para 100 of the landmark judgment that,  “Accordingly, we abolish the practice adopted by the jail authorities, by segregating a convict sentenced to death, immediately after the confirmation of sentence by the High Court, being unconstitutional. The convict shall not be segregated/isolated till the sentence of death has become final, conclusive and indefeasible which cannot be annulled or voided by any judicial or constitutional procedure. The period to keep a convict sentenced to death in segregation/isolation should be for the shortest possible time i.e. 2-3 days. The appellants shall not be kept in segregation till they are found to be “prisoners sentenced to death”, in view of the law discussed hereinabove.”   

                                  For esteemed readers exclusive indulgence, it must also be informed here that the Bench also held that, “This should be done only after the convict has exhausted all the possible options to the highest levels including an appeal in the Supreme Court as well as mercy petition to the President.” The Bench also minced no words in making it absolutely clear that, “The practice was in violation of Article 21 of the Constitution that guarantees protection of life and personal liberty and Article 20(2) which says that no person shall be prosecuted and punished for the same offence more than once.” It held that isolating the convict was an “additional punishment” and amounts to “torture and violation of his basic human rights”.

                                        Going forward, the Bench also held that, “This practice to keep the convict in solitary confinement before the exhaustion of his constitutional, legal and fundamental rights is without authority of law.” According to the Supreme Court guidelines on various procedures before executing a death convict, solitary or single cell confinement prior to rejection of the mercy petition by the President is unconstitutional. It must be followed in letter and spirit.

                                           It would be pertinent to mention here that the directions of the court came while hearing an appeal by Sushil Singh and Mehtab Hussain who were sentenced to death by a lower court in Dehradun in 2014 for the murder and rape of a 55-year-old woman in the district and had challenged the death sentence. They had also been convicted under Section 3(2)(v) of the SC/ST Act, which prescribes life imprisonment for a person who commits an IPC offence punishable with a 10-year imprisonment or more against a person for the reason of them being a member of the Scheduled Caste or Scheduled Tribe community. Additionally, the State Government had filed criminal reference for confirmation of death sentence imposed on the convicts.

                                   As it turned out, during the hearing, the Uttarakhand High Court opined that the ingredients of 3(2)(v) of the Act “were lacking from the very beginning and the prosecution has not led any evidence to prove this charge.” It, however, opined that the case would nevertheless fall into the category of “rarest of rare cases”. In concluding so, the court pointed out that, “The instant case would fall in the category of the rarest of rare case. The appellants have caused as many as 10 injuries to the deceased. They have mutilated the private parts of the deceased. Injury No. 8 itself was sufficient to cause death of the deceased. Though the instant case is based on the circumstantial evidence but the chain is complete. It is a case of rape and brutal murder of the deceased.”        
                                       Truth be told, we see that at present, prisons in Uttarakhand and UP follow the Uttar Pradesh Jail Manual according to which every convict under sentence of death is to be confined in a cell apart from all other prisoners and is to be placed by day and by night under the charge of a special guard. He is kept in solitary confinement till he is acquitted or pardoned. The convict is only permitted half an hour in the morning and in the evening to occupy the verandah in front of his cell.

                                  By the way, after confirmation of the death penalty, the High Court looked into the procedure adopted by the State post such confirmation. Referring to the Uttar Pradesh Jail Manual, the High Court noted that every convict awarded death sentence is to be confined in a cell apart from all other prisoners and is to be placed under the watch of a special guard. Further, he is to be allowed only half an hour twice a day out of his cell, and needs to be handcuffed during this time.

                                                       Be it noted, it also pointed out that, “The UP Jail Manual also lays down that a warder shall not allow any person to go near or communicate with the convicts, except the Superintendent and prescribed authorities. Under the U.P. Jail Manual, the prisoner is supposed to be in isolation for more than 23 hours a day. This is against the Nelson Mandela Rules. He has no contact with outside world. He is kept in solitary confinement till he is acquitted or pardoned.” It then referred to several researches and precedents on the subject to note the psychological impact of such confinement observing, “There is no scientific reason why the convict sentenced to death should be kept in isolation for indefinite period till he exhausts all his constitutional and legal remedies. It causes immense pain, agony and anxiety to the condemned convict. It is violative of Articles 20(2) and 21 of the Constitution of India. A man, even sentenced to death, has certain privileges and rights which cannot be denied to him due to colonial mindset. The provisions of U.P. Jail Manual are anarchic, cruel and insensitive.” 
                                        Needless to say, the Bench made it a point to underscore that law should be humane and reformative and no purpose would be achieved by keeping the convict in segregation for an indefinite period. Citing United Nations Standard Minimum Rules for the Treatment of Prisoners, which are universally acknowledged minimum standards for the management of prison facilities and treatment of prisoners, the Uttarakhand High Court Bench also sought to make it clear that solitary confinement should be used only in exceptional cases as a last resort. It should not be used every now and then.

                                    Simply put, the Bench observed that keeping a convict in an isolated cell has psychiatric impact on him and could affect his health. The court while citing studies also pointed out that, “It causes him heart palpitations (awareness of strong and/or rapid heartbeat while at rest), diaphoresis (sudden excessive sweating), weight loss and sometimes diarrhea, lethargy, weakness, tremulousness (shaking), feeling cold, aggravation of pre-existing medical problems, anxiety, ranging from feelings of tension to full blown panic attacks, persistent low level of stress, irritability or anxiousness, fear of impending 96 death, panic attacks, depression, varying from low mood to clinical depression, emotional flatness/blunting – loss of ability to have any ‘feelings’, emotional ability (mood swings), hopelessness, social withdrawal; loss of initiation of activity or ideas; apathy; lethargy, major depression, anger, ranging from irritability to full blown rage, irritability and hostility, poor impulse control, outbursts of physical and verbal violence against others, self and objects, unprovoked anger sometimes manifesting as rage, cognitive disturbances, ranging from lack of concentration to confusional states, short attention span, poor concentration, poor memory, confused thought processes; disorientation, perceptual distortions, ranging from hypersensitivity to hallucinations, hypersensitivity to noises and smells, distortions of sensation (e.g. walls closing in), disorientation in time and space, depersonalization/derealisation, hallucinations affecting all five senses, visual, auditory, tactile, olfactory and gustatory (e.g. hallucinations of objects or people appearing in the cell or hearing voices when no one is actually speaking), paranoia and psychosis, ranging from obsessional thoughts to full blown psychosis, recurrent and persistent thoughts (ruminations) often of a violent and vengeful character (e.g. directed against prison staff), paranoid ideas – often persecutory, psychotic episodes or states: psychotic depression, schizophrenia, self-harm and suicide etc.”     

                                       All said and done, this landmark judgment is a real eye opener! At the risk of repetition, it must be said again that this landmark judgment by Uttarakhand High Court really not just deserves unlimited appreciation but also deserves to be emulated not just by lower courts but also by All High Courts and Supreme Court also. I am sure that this landmark judgment will certainly always get the respect that it deserves and will be emulated by all courts from now onwards!    

Sanjeev Sirohi, Advocate,

s/o Col BPS Sirohi,

A 82, Defence Enclave,

Sardhana Road, Kankerkhera,

Meerut – 250001, Uttar Pradesh.
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People generally have a tendency to opt for jobs that provide them stage to use not just their abilities and capabilities but also offers a class of obligations, independence, and remarks on how good is their social status. Roles which are very low on stress, will bore the personnel; while the ones with high stress too summons dissatisfaction and makes them feel unsuccessful. “Underneath conditions of mild strive, maximum employees will experience satisfaction and satisfaction” (Katzell,Thompson, and Guzzo, 1992). “Employees want an honest explicit pay machine and promotion rules. satisfaction is now not connected to the exact quantity one has paid; as an alternative, it is the notion of fairness. Similarly, employees are looking for honest and authentic merchandising rules and practices.” “Merchandising presents possibilities for private boom, more obligations, and improved social reputation. People who attempt to study that merchandising selections are made in a truthful and simply way are probably to enjoy pride from their jobs” (Witt and Nye, 1992). “The matching of job requirement with character traits is high-quality articulated” in Holland’s (1985) “personality fit theory”. Holland affords six character sorts- those are “practical, investigative, social, conventional, enterprising, and creative”. Holland argues that “delight and the ability to depart a job depends on the diploma to which people effectively healthy their personalities to an occupational surroundings”. Researches to reflect Holland’s findings was sponsored with the aid of many researchers. Feldman and Arnold, 1985). Sinha (1958) studied “the activity delight prevalent in Indian workplaces and guide workers, and precise the causative influences on satisfaction and dissatisfaction. “Exciting paintings “, ‘social repute and “boss” had been observed as vital factors contributing to satisfaction whereas insufficient revenue and lack of safety were seemed as vital elements inflicting no pride”.
Clerical personnel were located to have low job-delight, implying a terrible tendency to a general observation, that is, a growth in overall satisfaction with the higher activity delight degree. Truthful development rules in any bank builds up their founding base of growth. Whilst a worker receives truthful merchandising, which is typically primarily on the basis of his actual evaluation, he builds a reputation, and for this reason, will increase his task satisfaction. Kleinberg and Mastekaasa (2001) tested the “effect of intra-financial institution and inter bank activity mobility on modifications in job satisfaction and bank dedication”. Good day discovered that “promotions boom worker’s capability fine of their project and thereby enhance both their pride and dedication. Resignations grows job satisfaction, whereas layoffs have no impact on delight. It is located that uncertainty of production is a not unusual hassle in the banks. despite the fact that production is primarily based upon pre-making plans, but in spite of making plans, uncertainty of production cannot be prevented. it is very crucial to and the linkage of production uncertainty with task pride.” Wright and Cerdery (1999) locate “the relationship among activity manage and affective final results (job satisfaction and intrinsic motivation) alternate with the degree of production uncertainty. The potential of a worker must healthy his job, if he feels that his capacity is no longer matched with his process, certainly he will be now not satisfied”. Johnson and Johnson (2000) found “the consequences of perceived over capability on dimensions of process pride, using the relative deprivation idea”. “The move sectional effects supported the speculation and cautioned that perceived over capability has a poor impact on activity delight. a few demographic variables, for instance, age, race, and employment repute, have been observed as critical elements in figuring out degree of job delight” (Sinacore, 1998). “It has been investigated that institution degree challenge interdependence, will increase the feeling of recognition and coordination amongst employees and therefore will increase the degree of job satisfaction” (Vander, Emans, and Van De Vlien, 2001). “It has been located that habitual jobs are uninteresting and they create a type of tedium and monotony. On the different hand, whilst jobs are challenging in nature, they create an surroundings of delight”. Observations of Jonge, Dollard, Dormann, Le Blance (2000) offer “renewed authentic support for the view that excessive-pressure job (high call for, low control) are conducive to sick health (mental exhaustion, fitness proceedings). further, it seems that active process (high demands, excessive manage) give upward thrust to fine result (activity project, task pride) financial institution politics is a vital part of a bank”. Vigoda (2000) found that “potential of bank politics became discovered to have terrible dating with task attitudes (process pride and financial institution commitment), a favourable courting with purpose to leave the process (go out), and a stronger high-quality dating with null behaviour (forget about). A lean poor dating turned into located between ability of financial institution politics and employee’s performance as said with the aid of supervisors. while a financial institution cares for its personnel, it definitely receives their sponsored in praise”. Bank’s efforts in ensuring employee’s properly-being leads to better satisfaction in workers. Taylor (2000) recommended that “job pleasure is without delay related to agency’s investment in financial institution worker’s properly-being”. Sprigg, Jackson, and Parker (2000) tested “the outcomes of enforcing a not unusual shape of group running and the consequences of interdependence and autonomy in precise interdependence as a moderator of the relationship amongst autonomy and worker’s health. Outcomes showed that better activity associated stress purpose decrease job satisfaction. style of leadership additionally plays a vital position in figuring out level of process delight.” Foels, Driskell, Muller, and Salas (2000), “the use of a met analytic integration of studies proof to cope with the paradox, screen that there changed into an vital tendency for agencies experiencing democratic management to be greater typical than companies experiencing autocratic leadership. improved upward verbal exchange and its praise additionally outcomes in process pleasure”. Avtgis (2000) indicated that “humans who suggested increased communique and accurate praise in verbal exchange additionally reported more relational pleasure and greater perceived financial institution influence”.

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Man spends a good part of his life at work- “a social idea” and social expectation to which a man seems to verify. hence only economic purpose has never glad guys. ultimately most effective economic purpose has in no way glad men. Therefore, it smiles continuously of more hobby to understand why men artwork and at which stage and how he/she happy with the challenge. hobby delight approach to an individual’s high fine emotional reactions to a particular monetary interest or a process. activity satisfaction is an affective reaction to a assignment that outcomes from the man’s or woman’s evaluation of real outcomes with the ones which can be preferred, expected, or deserved. he idea of process pride has emerged due to the fact of several factors contributing to it which can be economic and nonmonetary. method pleasure is the benefited or no longer benefited with which personnel view their paintings and it’s miles tormented by means of every the inner and outside surroundings of the enterprise. layout of the method affects the undertaking pride, as jobs which are rich in behavioural elements such as fashion of autonomy, assignment mission and feedback make a contribution to worker’s delight. In addition to the worker’s reputation thru the corporation is essential for technique pleasure. The banking employers in India have been affected by multiple issues and this has also hurt the loyalty of the both- the clients and the personnel. The job satisfaction and retention of employees are crucial to the behaviour of industrial corporation within the market and commercial organization environment now at so, and the banks are now not exempted from this. The commercial banks have as a consequence released into specific manipulate strategies to sell personnel pastime pleasure and as a end result create worker retention. decide and his colleagues located that importance persona trait, middle self-assessment, correlates with employee process satisfaction. they additionally located that one of the number one motives of the relationship turn out to be through the notion of the process itself among employee. The achievements of individuals and economic institution goals are impartial procedure related via employee paintings motivation. non-public private motivates them to fulfil their consequently they try and direct their hard work to achieve the financial organization goals to fulfil with their personal dreams moreover. These methods that monetary institution use are in sync with the personal dreams of people. The financial institution weather is undoubtedly associated to the task pride and financial institution determination. The higher monetary organization weather will bring about better system pleasure and extra monetary group commitment. employees” thoughts-set towards their bank which has super impact in the direction of their jogging approaches and contributions, in result financial group climate motives economic group overall performance because this relates without postpone to employees” motivation. employee’s perception to bank as described in six elements. To have a glad, stimulated, plenty much less harassed performing frame of employees and financial organization need to have consistency among its structure, gadget, people, tradition and top in shape with the method impact of extraordinary.
Pride from task is a subjective indicator. It shows how content a person feels from performing their duties. Even the performing of their responsibilities is subjective as it is not possible to define this through way of an unmarried size on my own that quantity of satisfaction or commitment associated with a process. The more intensely you like your job; more you will revel in higher job pleasure. And more intensely you dislike your activity, lesser and lesser you will enjoy your job. The process of satisfaction for a person is an emotional reaction of that person to the job itself. Hoppack brought the term “activity pride” in 1953 in his e-book written on activity-delight. His definition of job satisfaction is “any combinations of mental, physiological and environmental occasions that make a character say we satisfied with the task”.
The dentition given by him is not very clear as it uses many components given by Hoppack. In accordance to Weiss & Cropanzano (1996), “job satisfaction represents a character’s evaluation of one’s job and work”. This definition nevertheless, has been and still, is being debated. It does manage to capture one of the most popular views that the pleasure from activity is an assessment. And it represents both sides of the person- the perception and the emotion. It is the enhancement of the characteristics of the perceived activity and the emotional experience in a satisfied person gives a more beneficial assessment of his job, primarily results of the observations of that person and emotional studies. Saleh told that “job pleasure is an emotional feeling which is a feature of the perceived relationship among that entire one dreams from his job/lifestyles and all that one perceives as presenting or entailing (1981)”. The stress in Saleh’s statement is on “all that one wants, whether or not it is vital for self-satisfaction. Lathan’s (1989) states that “task pride is a fun, or an effective emotional kingdom ensuing from the appraisal of one’s activity, or process enjoy, and is the result of the worker’s belief of how properly the task offers those matters which are considered as crucial. job pleasure is a collection of attitudes about specific truth of the job. personnel can be satisfied with a few factors of the activity whilst being concurrently dissatisfied with others factors. one of a kind types of pride will lead to distinctive intentions and behaviour of an employee.” A worker can make a complain to his boss if he is upset with his insufficient pay however they will not in case of peer dissatisfaction. Activity pleasure is an aggregate of the individual’s emotions closer to the distinctive data of process satisfaction. He further stated- “The greater critical factors conducive to task delight are- mentally difficult work, equitable rewards for overall performance, supportive running situations, and supportive colleagues”. The significance of desired level of persona-process fit and the genetic disposition of the worker can also be linked. Personnel are worried about the working surroundings for both- their own comfort as well as for enabling them to perform better. Human beings get more than just cash or similar payments from work. For most personnel, paintings also occupied with all the want for social interaction. Now fairly, consequently, a friendly and helpful peers at work helps in improving task satisfaction.

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