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Rape Laws in India

Tue, 27 Apr 2010 16:46:19 +0000

THE RAPE LAWS IN INDIA, revisiting the concepts .

Is ‘Rape’ merely a word described in section 375 of the Indian Penal Code, 1860, to be interpreted stricto senso? Or is it a psychological phenomenon to be understood and dealt with, with more empathy and less legality? What is the scope of this word and its narrow definition according to law and what is the impact of this definition on the judgments meted out to the hapless victims of this excruciating mental agony? This project aims to study the lacunas in the present definition and scope of the phenomenon called Rape.The word ‘Rape’ is derived from the Latin term ‘Rapio’, which means ‘to seize’. Thus, rape literally means a forcible seizure and that is the essential characteristic feature of the offence. In common parlance, it means intercourse without her consent by force, fear or fraud. In other words, rape is violation with violence of the private person of a woman.

Though the law is said to grant justice to the innocent, the same is sadly not true in case of rape victims. Justice prides herself on being blind to everything but the truth – yet as far as rape is concerned, the facts paint a different picture. Rape laws in India are extremely antiquated. Although the laws outline the crime in clear terms, the courts are filled with people who favor the accused and challenge the veracity of the victim’s allegation.

The Supreme Court has opined in Maharashtra v Madhukar Narayan Mardikar , that “..even a woman with easy virtue is entitled to privacy and no one can invade her privacy as and when he likes. So also, it is not open to any and every person to violate her person as and when he wishes. Therefore, merely because she is a woman of easy virtue, her evidence cannot be thrown overboard.”

Rape laws in India are antiquated; Instances where justice has failed the victim because of interpretation of law, assessment of evidence, long delays at the trial and harsh and humiliating cross-examination of the victim are reported with alarming frequency. This report deal with the incumbencies in the existing laws relating to rape in India and certain recent developments in this field.

Rape is a weapon that distorts a woman’s sexuality, restricts her freedom of movement and violates her human rights. It leaves a woman feeling exposed, humiliated and traumatised. A rapist not only violates the victim’s privacy and personal integrity, but also causes serious physical and psychological damage. The law must take a fresh look at itself and take positive steps to make it more difficult for an accused to get judicial reprieve. . What is sad about rape in India is the lack of seriousness with which the crime is often treated.Statistics from 2000 showed that on average a woman is raped every hour in India

As observed by Justice Arjit Pasayat:”While a murderer destroys the physical frame of the victim, a rapist degrades and defiles the soul of a helpless female.”Sexual harassment is nothing less than the showcasing of male dominance. Given an opportunity, such men (those committing sexual harassement) would try fulfilling their desire.

Rape

Rape means an unlawful intercourse done by a man with a woman without her valid consent. (Section 375 of the Indian Penal Code)A man is said to commit “rape” if he has sexual intercourse with a woman under circumstances falling under any of the six following descriptions :-

Against her will.

Without her consent.

With her consent, when her consent has been obtained by putting her or any person in whom she is interested in fear of death or of hurt.

With her consent, when the man knows that he is not her husband, and that her consent is given because she believes that he is another man to whom she is or believes herself to be lawfully married.

With her consent, when, at the time of giving such consent, by reason of unsoundness of mind or intoxication or the administration by him personally or through another of any stupefying or unwholesome substance, she is unable to understand the nature and consequences of that to which she gives consent.

With or without her consent, when she is under sixteen years of age.

Explanation : Penetration is sufficient to constitute the sexual intercourse necessary to the offence of rape.Exception : Sexual intercourse by a man with his own wife, the wife not being under fifteen years of age, is not rape.

Impediments to Justice:Rape is defined in India as intentional, unlawful sexual intercourse with a woman without her consent. The essential elements of this definition under Section 375 of the Indian Penal Code are ’sexual intercourse with a woman’ and the absence of consent. This definition therefore does not include acts of forced oral sex, or sodomy, or penetration by foreign objects; instead those actions are criminalized under Section 354 of the IPC, which deals with ‘criminal assault on a woman with intent to outrage her modesty’ and Section 377 IPC, covering ‘carnal intercourse against the order of nature’.

The definition leaves a few questions unanswered. For instance, what about sexual intercourse by a man with his wife, and without her consent, where the wife is over 16 years of age? Judicial interpretation has also meant that sexual intercourse in a custodial situation (police station, public hospital, remand homes, and jails) is deemed an offence, without going into the question of consent. Also, anal or oral penetration and penetration with objects do not fall within the ambit of section 375.

It also does not recognize other forms of sexual assaults, like protracted sexual assault by relatives, marital rape etc. as aggravated forms of rape. This causes grave injustice to many victims. In many cases of child rape, the child has been penetrated through fingers or by objects or been force to perform oral or anal sex; yet this is not considered rape by the Courts.

Also, if the victim is a minor, the onus is on the accused to prove his innocence. But if the victim is a major, it is up to her to prove her charge. Therefore, the defence finds it worthwhile to prove that the victim is a major. Another problem is that unless the woman is examined medically within 24 hours, it becomes difficult forensically to prove that rape has occurred. Very often, unable to prove penetration, judges find themselves trying “rape” cases under more watered down sections: ‘outraging the modesty of a woman’, for instance, carrying much lighter punishment.

Adding to this is Section. 155(4) of the Evidence Act (Repealed), which allows the victim to be questioned of her past sexual history which the defense uses to humiliate the victim in the Courtroom. At the same time, section 54 stated: “In criminal proceedings (including rape) the fact that the accused person has a bad character is irrelevant, unless evidence has been given (by him) that he has a good character, in which case it becomes relevant.”

Section 375 of the Indian Penal Code (IPC) only considers forced peno-vaginal penetration to be rape. Penetration with any other object, be it life-threatening (a knife, an iron rod, etc), though more physically harmful is not rape. The penis is accorded a privileged position in comparison with other objects that can be inserted, because of the primacy put on the virginity of women. The rupture of a woman’s hymen — the ultimate symbol of her sexual purity — must be avoided at all costs. “Sexual intercourse by a man with his own wife, the wife not being under 15 years of age, is not rape,” according to this section. In other words, forced sex within marriage is outside the scope of the offence of rape.

The manner in which some courts have interpreted the law or assessed the evidence has often proved to be an obstacle also. In spite of Supreme Court judgments to the contrary, lower court judges often insist on evidence of physical resistance or marks of injuries to hold that a woman has not consented. A woman’s evidence without corroboration is not considered sufficient.

Therefore rape laws in order to be of great deterrence, must have a cooperative victim, professional investigation, diligent prosecution; and an expeditious trial. For otherwise it shall not be the law, that fails, but the applicants, the process and application

Earlier Developments

Several difficulties with the rape law were highlighted through some insensitive treatment by the judiciary

·        The Mathura rape case is illustrative.( TukaRam v. State of Maharashtra, AIR 1979 SC 185In March 1972, a 16-year-old tribal girl was raped by two policemen in the compound of Desai Ganj police chowky in Chandrapur district of Maharashtra. Her relatives, who had come to register a complaint, were patiently waiting outside even as this heinous act was being perpetrated in the police station. When her relatives and the crowd threatened to burn the police chowky down, the two guilty policemen, Ganpat and Tukaram, reluctantly agreed to file a panchnama. At the Sessions Court, Mathura was accused of being a “liar” and that since she was “habituated to sexual intercourse”, her consent was given. The Nagpur bench of the Bombay High Court set aside the judgment holding that that passive submission due to fear induced by serious threats could not be construed as willing sexual intercourse. However, the decision of the Supreme Court remains a blot on its record to this day. The rationale for acquittal was that Mathura had not raised an alarm and there were no visible marks of injury on her body. The judgment did not distinguish between consent and forcible submission

The Mathura rape case galvanised the women’s movement into asking for reforms of the criminal law that dealt with rape. In 1983, the government passed the Criminal Law Amendment Act. It amended Section 376 IPC and enhances the punishment of rape it also provides enhanced punishment of minimum of 10 years of imprisonment for police officers or staff of jail, the remand homes or other places of custody established by law. The Act further inserts a new Section 114-A IEA, by raising a presumption as to absence of consent in cases of custodial rape, rape on pregnant women and gang rape at least partially, removed the infirmity from the evidence of a victim of rape that was hitherto unjustly attached to her testimony without taking note of the fact that in India, unlike the occident a disclosure of the girls identity, rehabilitation in society for all times to come and unless her story was painfully true she would not have taken such a grave risk merely to malign the accused.The Act also provides for trial in camera. It also inserts a new section in the IPC Sec 228(A), which makes disclosure of the identity of the victims in These amendments were not enough to stem the rise in the number of cases of sexual violence against women. One crucial defect in the law was the definition of rape under Section 375 of the Indian Penal Code (IPC), which took into account only penile-vaginal penetration. Other physical and mental injuries were left to be dealt with under Sections 354 and 509 of the IPC as `outraging the modesty of a woman’.

Although the amendment had only partly accepted the demands of the campaign, the enactment was an indication of some measure of success. However, the inadequacy of these measures became clear in the Suman Rani case.[In spite of the rigorous punishment brought in through the amendment in cases of custodial rape, the Supreme Court reduced the sentence to five years on grounds that the woman was of ‘questionable character’ and ‘easy virtue’ with ‘lewd’ and ‘lascivious behaviour’. The court also dismissed a review petition filed by women’s groups. The Suman Rani case was no exception; the judiciary was routinely awarding less than the minimum sentence in rape trials despite the statutory mandate laid down by the amendment. In Mohd.Habib v. State, the Delhi High Court allowed a rapist to go scot-free merely because there were no marks of injury on his penis, which the High Court presumed was indicative of consent.

·        In Mohd.Habib Vs State, the Delhi High Court allowed a rapist to go scot-free merely because there were no marks of injury on his penis- which the High Court presumed was a indication of no resistance. The most important facts such as the age of the victim (being seven years) and that she had suffered a ruptured hymen and the bite marks on her body were not considered by the High Court. Even the eye- witnesses who witnessed this ghastly act, could not sway the High Court’s judgment.

·        In another instance of conscience stirring cases, Sakina- a poor sixteen year old girl from Kerala, who was lured to Ernakulam with the promise of finding her a good job, where she was sold and forced into prostitution. There for eighteen long months she was held captive and raped by clients. Finally she was rescued by the police- acting on a complaint filed by her neighbour.With the help of her parents and an Advocate, Sakina filed a suit in the High Court- giving the names of the upper echelons of the bureaucracy and society of Kerala.The suit was squashed by the High Court, while observing that ‘ it is improbable to believe that a man who desired sex on payment would go to a reluctant woman; and that the version of the victim was not so sacrosanct as to be taken for granted.’

·        Whereas, in State of Punjab Vs. Gurmit Singh, the Supreme Court has advised the lower judiciary, that even if the victim girl is shown to be habituated to sex, the Court should not describe her to be of loose character.

·        The Supreme Court has in the case of State of Maharashtra Vs. Madhukar N. Mardikar, held that "the unchastity of a woman does not make her open to any and every person to violate her person as and when he wishes. She is entitled to protect her person if there is an attempt to violate her person against her wish. She is equally entitled to the protection of law. Therefore merely because she is of easy virtue, her evidence cannot be thrown overboard."

In Chairman, Railway Board Vs. Chandrima Das, a practicing Advocate of the Calcutta High Court filed a petition under Article.226 of the Constitution of India against the various railway authorities of the eastern railway claiming compensation for the victim (Smt. Hanufa Khatoon)- a Bangladesh national- who was raped at the Howrah Station, by the railway security men. The High Court awarded Rs.10 lacs as compensation.

The Supreme Court also held that the relief can be granted to the victim for two reasons- firstly, on the ground of domestic jurisprudence based on the Constitutional provisions; and secondly, on the ground of Human Rights Jurisprudence based on the Universal Declaration of Human Rights, 1948 which has international recognition as the ‘Moral Code of Conduct’- adopted by the General Assembly of the United Nation.

In view of the above, the Supreme Court has laid down the following guidelines for the trial of rape cases:

1.The complaints of sexual assault cases should be provided with legal representation. Such a person should be well acquainted.

2. Legal assistance should be provided at the police Station, since the victim may be in a distressed state.

3. The police should be under a duty to inform the victim of her right to a counsel before being interrogated.

4. A list of lawyers willing to act in these cases should be kept at the police station.

5. Advocates shall be appointed by the Court on an application by the police at the earliest, but in order that the victim is not questioned without one, the Advocate shall be authorized to act at the police Station before leave of the Court is sought or obtained.

6. In all rape trials, anonymity of the victim must be maintained

7. It is necessary to setup Criminal Injuries Compensation Board with regard to the Directive Principles contained under Article. 38(1) of the Constitution of India. As some victims also incur Substantial losses.

8. Compensation for the victims shall be awarded by the Court on the conviction of the offender and by the Criminal Injuries Compensation Board- whether or not a conviction has taken place. The Board will take into account pain, suffering, shock as well as loss of earnings due to pregnancy and child birth if this accrued as a result of rape.

Recent Developments

In 1997, Sakshi, an organisation involved in issues on women and children, approached the Supreme Court through a writ petition asking for directions concerning the definition of rape in the IPC. Although the Supreme Court did not interpret the provisions of Section 375 IPC to include all forms of penetration such as penile/vaginal penetration, penile/oral penetration, penile/anal penetration, finger/vagina penetration, finger/anal penetration, and object/vaginal penetration within its ambit. Instead, the judges sought refuge behind the strict interpretation of penal statutes and the doctrine of state decisis - a view that any alteration [in this case, of the definition of rape] would result in chaos and confusion, it directed the Law Commission of India to respond to the issues raised in the petition. The Law Commission, under the chairmanship of Justice P. Jeevan Reddy, responded by saying that the 156th Law Commission Report had dealt with these issues. The Supreme Court, however, agreed with Sakshi that the 156th Report did not deal with the precise issues raised in the writ petition. In August 1999, it directed the Law Commission to look into these issues afresh. (Sakshi v. Union of India)

After detailed consultations with the organisations, the Law Commission released its 172nd Report on the Review of Rape Laws, in 2000. The Law Commission recommended changing the focus from rape to `sexual assault’, the definition of which goes beyond penile penetration to include penetration by any part of the body and objects, taking into account cunnilingus and fellatio.

The report recommended the deletion of Section 155(4) of the Indian Evidence Act, which would prevent a victim of rape from being cross-examined about her `general immoral character’ and sexual history. It suggested graded sentences, with higher punishment for rape committed by the relatives and persons in `trust or authority’, public servants, and superintendents, management and staff of hospitals. It introduced a new Section 376(E), which would include sexual harassment at the workplace.

The commission recommended shifting the burden of proof of consent to the accused. It suggested specific provisions that would deal with the medical examination of the victim as well as the accused by a registered medical practitioner. It said that girls who are victims of rape should be questioned only by a female police officer, in the absence of whom a qualified woman from a recognised social organisation should do the questioning. The commission suggested that the law relating to sexual assault be made gender neutral, that is, men and women can be charged with the rape of men, women and children. This meant that for the first time the sexual assault of minor boys was made prosecutable under the law. It asked for Section 377 of the IPC to be dropped, thus decriminalising sodomy.

However, the recommendations did not take into account marital rape. It raised the age of consent of the wife from 15 to 16 years, after which the woman is not protected from rape by the husband. It also continues to provide a window for Judges to reduce the sentence in case of convictions below the minimum sentence specified, as suggested by the commission which states: “Any number of situations may arise, which the Commission cannot foresee th Based on the Law Commission’s recommendations, the government enacted an amendment in the winter session of Parliament in 2002, which deleted Section 155(4) and inserted a proviso to Section 146 of the Indian Evidence Act, which means that a victim of rape can no longer be questioned about her past sexual conduct and her `general immoral character’..

Criminal Law Amendment Bill of 2005

The Bill, drafted by Ms Kirti Singh advocate and legal convener of AIDWA, is based on 172nd report of the Law Commission to amend the laws relating to sexual assault in Section 375, 376, 354 and 509 IPC and the relevant sections of the Code of Criminal Procedure 1973 and the Indian Evidence Act 1872. The recommendations are based on the national consultation on the issue organized by the national commission for women

·        The major changes sought to be brought about through this amendment are substitution of existing section 375 of the IPC with the following:

“375.Sexual Assault: Sexual assault means –(a) The introduction (to any extent) by a man of his penis, into the vagina (which term shall include the labia majora), the anus or urethra or mouth of any woman or child–(b) the introduction to any extent by a man of an object or a part of the body (other than the penis) into the vagina(which term shall include the labia majora) or anus or urethra of a woman(c) the introduction to any extent by a person of an object or a part of the body (other than the penis) into the vagina(which term shall include the labia majora) or anus or urethra of a child.(d) manipulating any part of the body of a child so as to cause penetration of the vagina (which term shall include labia majora) anus or the urethra of the offender by any part of the child’s body;”

Similarly, Amendment, 2005 brought forth many changes in rape laws, especially related to detailed procedure of examination of victim and accused both by inserting new sections: 164-A, 174 (1A), (b), and 53-A (a) CrPC, and made it clear that in addition to physical examination, it also shall include the examination of blood, blood stains, semen, swabs in case of sexual offences, sputum and sweat, hair samples and finger nail clippings by the use of modern and scientific techniques including DNA profiling and such other tests which the RMP thinks necessary in a particular case. Section 174 (1A), (b), CrPC inserted to make mandatory inquiry by the Judicial Magistrate in cases of custodial rape and murder cases.

Law of Attraction Article: Freedom From the Opinion of Others

Mon, 26 Apr 2010 21:52:53 +0000

As if it isn’t stressful enough dealing with the critical voices we hear in our own minds all the time, we also find we have to deal with the criticism and opinions of others on almost a daily basis.

While we can sometimes benefit from the advice of others, we can also make the mistake of letting their opinions carry far too much weight in the decisions we make and how we decide to live our lives.

It is necessary to take a step back once in awhile and ask ourselves the reasons behind so much of what we do.

For instance:

Why do you have the job or career that you have? Is it something you always wanted to do? Or is it a job or career that others such as your parents, spouse or friends think is the right job for you?

I have a friend who always wanted to be a writer. After she graduated high school she intended to look for a job in the publishing industry. Her parents however had a different idea. They didn’t think the writing field was solid enough. Jobs were hard to come by and easy to lose. Newspapers and magazines paid very little. Getting a book published was a one in a million shot. (This was all before the internet by the way.)

They convinced her that taking a job as a writer would be irresponsible on her part and that she should work as an administrative assistant on Wall Street instead. Plenty of positions available, good solid income, security. After enough pressure she caved and took their advice and became an administrative assistant for over 15 years. And hated every minute of it. The ironic part was when years later she decided to give her writing career another shot, it was now her spouse who didn’t want her to give up the steady income she was making as an assistant.

Even though they all knew she was miserable doing what she was doing, they wouldn’t or couldn’t, look past their own opinions of how she should live her life.

Luckily she finally came to the realization that this was in fact, her life, and not theirs. She started writing and submitting pieces in her spare time and eventually started earning enough to make it her full time job. She is now very successful and happy! But it was only when she realized that she had been sacrificing her desires because of the opinion of others that she was able to make the move.

So how about you?

Are you in the career you want to be in? Or have you been convinced by others that it is the best thing for you?

Are you getting married or trying to have a baby because others are telling you “it is time” or because you really want to?

Are you single because you want to be? Or is it because your friends are single and do not want to see you in a permanent relationship?

How about the person you are dating or married to? Is it a person you want to be with or is it a person others are telling you is “perfect for you.”

The clothes in your closet. Are they clothes you enjoy and are comfortable in, or is your closet filled with what others are saying are the “must-have” item of the season?

How about where you live?

Your religious affiliation?

Your political party?

How and what you eat?

How you look or how much you weigh?

It is important to take stock once in awhile and notice why you are making the decisions you have been making in your life. You need to remember that you came down to this Earth to live your life and to create what you want and to make yourself happy.

It is your natural entitlement to create your life any way you want to just by your being here! It is not only something we are all naturally entitled to – it is our reason for being in the first place. To create whatever we desire!

It is not your job or responsibility to live your life to please others. It is not your job to make others happy. It is their job to make themselves happy and to create the life they are desiring.

It is also very important to remember they other people do not live the consequences of the decisions that they want you to make. Only you do. Just like the example of my friend up above. Her parents wanted her to be an assistant. And she became one. And then they went off nice and happy and didn’t give it another thought, while she ended up being miserable every day for 15 years!

If you want true freedom in your life you need to remember that other people opinions are just that. Their opinions. It doesn’t matter if it comes from your enemies or most loving friends and family members.

They base their beliefs on their own personal experiences which could be completely opposite of what you have experienced in your past or what you believe. What decision might be right for them could be the absolute wrong thing for you.

Another thing to remember is to start trusting your own opinion more. You are an intelligent person. You’ve had enough life experience to know what you are wanting or do not want.

And refuse to accept any guilt about it. If someone tries to make you feel bad or guilty for not following their advice, it is more important than ever for you to remember who has to live with the consequences – you or them.

With practice you will find that making your decisions based on your own happiness will bring you an incredible feeling of freedom. And after awhile others will also start to know you as a person with your own mind who can not be swayed to do anything you do not want to do.

And they will either respect you for it and stop trying to change you, or move on and find someone else they can try to mold in their image. Either way, you end up living the life you truly desire to create.

If you would like to read about more ways to purposely create your dream life please visit http://www.theveryhappyhuman.com

Happy Creating!

Are U.s. Government Officials Found to Have Commited Unethical Conduct be Held Accountable Under the Next Presidential Administration?

Sun, 25 Apr 2010 06:56:03 +0000

A group of Food and Drug Administration (FDA) complained about mismanagement within the FDA administration claiming that the FDA’s top officials involved in the mismanegement instead of being held accountable, have been promoted. Is the FDA a prototype of the U.S. Immigration and Customs Enforcement?

For a CNN news report dealing with the FDA’ story, please cick at:

http://www.cnn.com/2009/POLITICS/01/09/fda.scientists/

What is interesting with the FDA’s report of mismanagement by nine FDA employees who wrote to President-elect Barack Obama to do something once he takes office.

Instead, the Wall Street Journal reports that the FDA’s Acting Chief will stay during the presidential transition. To see the Wall Street news report, please click at:

http://online.wsj.com/article/SB123162224372371221.html?mod=googlenews_wsj

As we know, our U.S. government is almost broke due to the mismanaging of taxpayers monies and thanks to our U.S. top administrators who have spent billions of dollars in projects that never worked.

Take for example the U.S. Department of Homeland Security (DHS) and all of its agencies, especially the U.S. Immigration and Customs Enforcement (ICE).

ICE has been spending millions of taxpayers dollars in anti-immigration employment raids. The focus of the ICE’s administration was “illegal immigration” when this agency is also responsible for investigating the smuggling of drugs, money laundering, illegal importation and exportation of weapons of mass destruction and a number of their significant U.S. Customs related criminal laws.

Sources who asked to remain anonymous reported that when an ICE agent presented a good potential drug smulling conspiracy case, his/her immediate ICE supervisor ordered the agent not to open such a case because the emphasis was illegal immigration.

Now recently, another source who wants to remain anonymous reported that an ICE undercover drug smuggling investigation was being conducted somewhere in Texas. During the undercover investigation, ICE agents learned that some family members of U.S. Representative Silvestre Reyes (D-El Paso, TX) were involved. This information has not been confirmed and as such this author considers this “lead” is just a rumor. However, whether the allegation proven to be correct or false, I believe a federal agency, such as the FBI should take a closer look at this allegation.

The ICE agency is well known to retaliate against any employee who talks to the media or contact any other U.S. government agency. The ICE and its Legacy U.S. Customs Service have a long history of protecting its managers, supervisors and top level officials while administering what I call the “capital punishment” (termination) to any low-level ICE special agent who becomes a whistleblower or files an EEO complaint against management.

My hope is that under the new administration under President Barack Obama and DHS’ Secretary-desginee Janet Napolitano, things will change for the better and DHS and ICE and all other agencies under DHS will work freely without being afraid of reporting misconduct and morale will be boosted to a higher plane

Healthcare Administration Employment – An Overview Of The Changing Trends

Sat, 24 Apr 2010 11:47:07 +0000

As per the records in the US Dept. of Labor, the demand for supervisors, managers, and administrators in the healthcare industry has gone up to unexpected levels, and there has been a constant increase in the same, and will hit a new high in the next few years. This condition is mainly due to the increase in number of patients, but the lesser number of staff per patient. The healthcare facilities have increased, and many officials are on the verge of retiring from work. This trend has been ruining the administration, and this has created many employment opportunities also.
There are many other factors that are increasing the healthcare administration opportunities here in the US. Education is one key factor for that. There is not much important that the person must have studied every possible degree to get the job, but there are several vital courses that need to be mastered before a person sets foot in this industry. There are job opportunities for both the clinical and the non-clinical staff here in the healthcare industry. It is very important that a person understands the clinical background even for the management job that he is going to take up in the healthcare department. The unit manager of any hospital must have a clinical background as well as a training in the management industry, and must be good are budgeting, and must have an idea about human resource, and also good at inventory control. But the specialists who are in the healthcare administration will have very little idea about the clinical experience and its importance, but, they would have mastered several laws, policies, and other employment issues.
Most of the healthcare vacancies will want people who are at least bachelors in any business or management courses. There are many advanced officials, who will certainly need a proper MBA degree in the related field, and they must have been in the healthcare field for quite sometime. There are other high positions that will even want people who have done their doctorate in the particular field in healthcare management.
Health informatics is another field that has seen phenomenal growth in the recent years, and it is also a part of the healthcare administration employment. This field deals with the management of the electronic records that are available, and must link it with the hospital system. This is a course that is appended to the other healthcare management degrees, and the individual must be a Registered Health Information Administrator (RHIA).
This is the present trend in the US when it comes to healthcare administration employment, and it sure needs people to keep the system going, and there are many healthcare institutions that would help students achieve their goal in this career which is much in need of employees.

Peo Payroll Processing And Administration

Fri, 23 Apr 2010 08:17:54 +0000

PEO payroll processing and administration services give businesses the much needed focus to devote their workforce and resources to their core responsibilities. • Payroll preparation and delivery • Payroll taxes and filing • Section 125 pre-tax administration • Payroll deductions, garnishments and levies • Flexible spending accounts • Federal and State payroll tax deposits and returns • FICA, FIT & SIT tax withholdings • Customized payroll reports • Audits and job cost accounting reports • Cost allocation reports • Updated employee files • Filing of quarterly reports – FICA, FUTA, SUTA • New hire reporting • Federal payroll summaries • W-2, W-3, and 1099 forms • Wage/hour law compliance • Management of paid leave program (if applicable) • Comprehensive payroll deductions • Vacation & sick time accruals • Department summary • Multiple worksites Payroll processing and administration is only one of the many HR outsourcing services offered by a professional employer organization. PEOs have extensive experience dealing with many businesses. They also maintain a deep relationship with insurance providers which really help them offer competitive Workers’ Compensation plans. The experienced staff that makes up a PEO knows all about federal and state regulation. They can therefore ensure your business satisfies all government norms. In short, your relationship with a PEO results in a winning combination, arming you with all the resources you need to succeed in a competitive environment. PEO payroll processing and administration services eventually help businesses increase earnings through streamlined processes.

Online Business Administration Degrees Increasingly Popular

Thu, 22 Apr 2010 16:13:32 +0000

A few decades ago online business degrees were virtually unheard of. Today they are very much in demand for those wanting to fast track their careers. The primary reason that online business degree administration courses are so popular is because they are, quite simply, practical.
Many people seeking a degree in this area are currently working and can’t afford the time off or loss of income to attend more traditional college classes. With online business administration degrees you can also be advancing your career in two ways at the same time by working your way forward at work and getting a degree that your employer will appreciate at the same time.
In almost every type of business today advancement beyond lower level management hinges on having the proper education. If you’ve already begun working, you can lose valuable time if you quit working to go back to school (not to mention your current job). Online schooling solves this problem perfectly. Today’s online business administration degrees are just as respected as those received from bricks and mortar colleges or universities because the high educational standards are the same for both types of classes.
The best online business administration degrees come from properly accredited colleges or universities that have curriculums covering all aspects of business administration, including:
Business Communications
Finance
Sales and Marketing
Management Theory and Leadership Skills
Human Resources
Production and Operations Management
Diversity and a Personalized Pace
Online business administration degree programs also give students a great deal of personal flexibility. Determining how and when you want to study, how you’ll learn the material and a greater opportunity to prepare for exams and researching papers are all advantages that tend to give online students more opportunity to really immerse themselves in their classes. Questions can be emailed to professors who will give them personalized, thoughtful answers tailored specifically to them.
There are others who aren’t seeking a bachelor’s degree in business administration as the end of the schooling, but the beginning of it. In fact, getting an online business administration degree can be a great foundation for an advanced degree. Law schools are particularly appreciative of this type of degree. If you are currently working and are considering starting your own business or going into a new field such as real estate, a bachelor’s degree in business administration will ensure that you understand all aspects of business ownership and being an independent contractor.
The Global Marketplace Makes A Degree More Valuable
The Internet has changed today’s business world irrevocably, and people with online business administration degrees recognize the importance of this tool. The days of small “Mom and Pop” businesses are largely gone, and businesses are going national, international and global every day. With all of this growth comes increased complexity and a need for enhanced management, organizational and communications skills, all skills that can be learned or improved through the education you’ll receive in a business administration program.
Keeping pace with business changes around the world and understanding how to interpret and implement a variety of business tactics is central to excelling in any field. It’s one of the best reasons there is to look into programs that offer online business administration degrees so that you can get ahead in whatever business you’re in.

Pre-Pack Administrations: Friend or Foe?

Wed, 21 Apr 2010 21:55:16 +0000

Much has been written recently with regards to pre-packaged administrations. This is the colloquial term given where the sale by a company administrator of assets immediately (or at least very soon after) being appointed, which has been arranged prior to the administrator’s appointment and is usually to the company’s management or shareholders. Recent high profile pre-packs include Whittards and The Officer’s Club. This phenomenon was developed following the passing of The Enterprise Act 2002. Under this Act, the emphasis of insolvency moved towards recovering and rescue much more than it had done in the past. A lot of column inches have been dedicated as to whether pre-packs are a force of good or evil and depending upon your standpoint in regards to an insolvent company this will usually determine your opinion of them. Creditors Creditors of a company in administration are already smarting from the fact that they have potentially lost a large amount of money on the basis that the company has failed, they also often blame the management of the company for their predicament. Through the use of the pre-packaged administration, the management can often obtain a “clean” company/collection of assets whilst the creditors seem to lose out. Management From the management’s point of view, it enables the managers to retain a majority of the workforce and to trade without the constant struggle of trying to rob Peter to pay Paul whenever an invoice comes in. Generally, the pre-pack will assist in rescuing the company for the benefit of the workers as often if the company is not sold by way of a pre-pack administration all of the employees will lose their jobs if the company could not be sold. Whenever an insolvency practitioner (IP) is appointed in an administration, they are doing so for the benefit of the creditors as a whole. An IP is, first and foremost, an officer of the court and they are strictly regulated and highly trained professionals. They will act in the best interests of all of the creditors to the extent they are allowed to by law. Recently, R3 (the Association of British Recovery Professionals) produced a Statement of Insolvency Practice (SIP) No. 16 on the issue of pre-pack administrations. These SIP guides provide IPs with the best practice guidelines to assist the IP in practicing in these situations. The aim of this guideline was to help reduce the criticism of pre-packs. A couple of major criticisms which relate to pre-packs are as follows: 1. By failing to put the sale on the open market, one cannot be sure that the best price has been achieved. The response to this is that speed is one of the core elements to a pre-pack to enable the company to trade as quickly as possible and to safeguard jobs. 2. Selling back the business to the connected parties. In light of the fact that it is usually a done deal before the administrator has had the opportunity to get settled, people perceive this to be done subversively and therefore in some ways underhand. In a declining market, things are constantly being sold for under their “market valuation”. For example, the average value of domestic property fell by 18% in 2008 and many properties currently on the market are underneath their estimated market value. The certainty and speed offered by a pre-pack can actually be good news. The administrator must follow the SIP 16 guidelines and any creditor who is dissatisfied should speak to the administrator in the first instance. A creditor is rarely in possession of all of the facts and once he has been furnished with these by the administrator together with an explanation of what the IP has done, many of the fears can be allayed. If a creditor knows any wrongdoing by the previous officers of the company then they must inform the IP so that this can be investigated in the usual way. If the creditors are still concerned about the conduct of an IP then we suggest that they seek specialist advice from either another insolvency practitioner or an insolvency lawyer. Advice can then be obtained about bringing a complaint against the IP to his professional body. It is worth noting at this point that IPs can be authorised to act by a number of professional bodies and not by one sole regulatory authority. We believe that a well-conceived and managed pre-pack administration can be a very good thing. Research that was carried out by an independent team led by Dr Sandra Frisby at Nottingham University reported that companies that used pre-packs saved over 90% of all jobs, whereas on other business sales to third parties only 60% or so of jobs was saved. With the best practice guidelines under SIP 16 and the rights against the administrator if they are not doing their job correctly it is clear that in the majority of cases pre-packs save time, money and jobs which has to be a good thing.

Reminiscing the Social Security Law in the US

Tue, 20 Apr 2010 09:08:12 +0000

It is the Great Depression of the ‘30s that necessitates the creation of a Social Security program in the US. Poverty reaches its highest peak among older citizens that time and something has to be done.The Social Security Act, which is considered the first Social Security law, was drafted under the administration of President Roosevelt. It was signed into law on 14 August 1935.The act addresses many issues, amongst which includes:• Old age• Poverty• Unemployment• Survivors• DisabilityThe Social Security Administration (SSA) is the government agency tasked to administer the program. Later on, it added health insurance benefits in the scope of the Social Security under the Medicare program.Generally, benefits under the Social Security law are paid based on the workers’ employment record and social security taxes or contributions.The Social Security Act evolved during the past years as new social and economic issues emerge. Changes were made to provide more protection and coverage for the Social Security members.The so-called OASDI or the Federal Old Age, Survivors and Disability Insurance pays monthly benefits to the following qualified individual/s:• Retirees• Family of a deceased worker• Unemployed worker due to illness• Unemployed worker due to accidentNowadays, the major coverage handled by SSA, where qualified members are entitled to benefits under the Social Security law, are the following:Retirement benefitsThis benefit is given to a worker who worked and paid Social Security taxes upon retirement. The worker earns credits during the time he was working. His entitlement to benefits and the amount thereof will be based on his earned credits.The number of required credits depends on the year the worker was born. If he was born in 1929 or later, he will need 40 credits or an equivalent of 10 years of work.The amount receivable will also vary depending on the worker’s retirement age. If he opted to retire early at the age of 62, his benefits will not be as high when he retires at older age.Disability benefitsThe SSA pays disability benefits under two programs: The Social Security disability insurance (SSDI) and the Supplemental Security Income (SSI).SSDI is paid for people who were incapacitated to work because of a medical condition that is expected to last at least one year or result in death.Members of the family of a disabled worker can also benefit under this program.It is SSI program which will be applied for payments to people with low income who are 65 years of age or over or are blind or have disability.Survivor benefitsLike retirement benefits, survivor benefits are based on the accumulated credit earned by a worker, during the time he was working and paying Social Security taxes.The family of a worker is entitled to receive this compensation in the event the working member dies.MedicareThis is a health insurance program available for people 65 years of age or older. It is also available for person under the age of 65 with certain disabilities and any age with permanent kidney failure requiring dialysis or a kidney transplant.To know more information regarding social security benefits and other claims, you can consult with our experienced Los Angeles social security lawyers. You can visit our website to avail of our free case evaluation.

San Fernando Valley Employment Law Attorneys: on Asserting Employee?s Rights

Mon, 19 Apr 2010 08:26:38 +0000

“Assert your rights, from the time you are hired to the day you leave”, as the relevant quote relates, must be considered by every worker once they enter the world of employment. As an employee in the San Fernando Valley area, you should have this principle implant in your thoughts always, as your way of protecting your rights from unwanted employment dispute encounter.Since time immemorial, employment disputes kept on entering the realms of employment. The same scenario happened at San Fernando Valley where several cases of employment disputes have casually happened. These employment oppositions are likely to grow in numbers especially now, when the valley have become the home to numerous companies and most well-known motion pictures, recording, and television production outfits.As can be gleaned from statistical data coming from the U.S. Equal Employment Opportunity Commission, in the line of systemic litigation, there was a significant increase of suit charges and filings. These charges were all relating to varied employment disputes like workplace discrimination.With this concern and through the medium of this article, group of qualified San Fernando Valley Employment Attorneys who are known advocates of upholding employee’s rights have wage information campaign all for giving employees the right knowledge respecting their employment. The Attorneys would want to inculcate to every employee, the proactive attitude and persistence especially in dealing with their employment predicaments.In this wise, the Attorneys would illuminate some basic knowledge regarding employee’s rights, in these respects.Employment Law and Employee’s RightsAs a whole, both the system of laws (the Federal and State laws) has bestowed employees with specific rights at the workplace. Among of these rights includes, the right to be paid the minimum wage, to safe workplaces, right to take leave, for employee benefits, right on personal files, workmen’s compensation rights, right for a fair and equal treatment, right not to be discriminated against in the manner or age, sex, religion personal circumstances and physical attributes.Along with the foregoing rights is the right of every employee to make protest, file constitutive charges and complaint for any employment law violation, or any harassment or discrimination that may have committed against them. In addition, the employees are given the right to appeal the findings of administrative tribunals that may appear to have some errors in law application or appreciation.Of course, as an added guarantee, all employment disputes must be resolve in the most expeditious way possible that is free from bias and prejudice. All these were guaranteed benefits for all employees extended by the government all for striking the big gap and imbalance between the employer and employee situation.Asserting YOUR rightsHaving all the laws and guarantees, there can be no escape for every employee not to be proactive in dealing with their employment dispute issues. The law has been laid, the procedure has been laid, the administrative body or courts have been founded, by then, there can be no reason to sleep with your rights.Foremost, in every employment related concerns that an employee has, whether simple or complex, it all boils down in the manner of effectively communicating their causes. Effective communication of causes of action can guarantee success in their respective employment issues. This matter is the expertise of an employment lawyers.As a matter of advice, when an employee is faced with employment troubles, they have to learn the mechanics of effective communication as well as learn the steps in asserting their rights.

Thus, the guide:1. Once you figured out that your legal rights might have been violated, first thing, confer with your employer or the human resource department in your company and tell them the whole story. When your claim is grave enough to be settled, you can have your claim coursed directly to the proper tribunal.2. Have your claim documented in such a way that can have your claim substantiated with ease. This would include important details of your claim, correspondences, supporting documents and other relevant papers having the same import.3. Timely confer with am employment lawyer to have the proper guidance and put your cause at the proper perspective.As a final note, it is an employee desire to be treated and compensated fairly, at all times. To foreclose any maltreatment, every employee must learn to assert his or her employment rights.

Our experienced San Fernando Valley employment law attorneys can help you protect your rights and interest during employment. For more information, log on to our official website and avail of our free case evaluation.

Get the Best Opportunity to Apply For Payday Loan

Mon, 19 Apr 2010 05:45:17 +0000

Most people like living with peace of mind in this planet. Therefore, they are looking for the best way to remove all available problems including those of financial problem. Applying for a payday loan to get instant cash is never an easy thing when you have no enough information of the best online broker. It is very likely that you can find an online loan broker that will give you a payday loan with high interest rate.

That is why you should come to easyonlinepaydayloan.com as it provides you with easy access of applying payday loan. What makes this site recommended to you is to provide online form. Having filling out the application, you just go home waiting for confirmation in a short time. Quality assurance and customer satisfaction will become your advantages when hiring service of this website. This site allows you to borrow sum of money up to $1500 and this maximal quota is enough to cover your immediate spending needs.

There is no need to wait any longer since this site has long experience to cope with instant application of payday loan. For this reason, you will get convenient service that will make you have an opportunity to get rid of financial problem.