Effects Of Succession Planning On Employee Retention

Effects Of Succession Planning On Employee Retention Proper succession planning helps an employee to get their work done as well as to sustain the employees in the most effective and efficient manner. This study also highlighted that for any particular job what are the organizational commitment, job security, job content which leads to self-esteem, leadership and staying in the organization for a longer time period. The study is intended to answer the question of whether proper succession planning could mitigate the expected negative effects of retentions on employees. The basic purpose of this research is to find out that whether the way information regarding Succession Planning taking place is well defined or not and what are the impacts of employees behavioral towards retention through proper communicated and well-defined work on succession planning. And up to what level are they emotionally and expressively affected. 1.3 Implications of the Study The findings of this study will have important implications from the perspective of employees and top management associated with employee retention succession planning. The HR department in order to develop a proper job content for every job to develop an organizational commitment security in which employees are most comfortable with the tenure, leadership self-esteem. This research will extend our knowledge on how differences the employee retention and succession planning of the company will impact the performance of employees both internal and external. And would also allow more detailed prescriptions for practitioners faced with such issues. 1.4 Variables Independent Variable Succession Planning Tenure Leadership Self Esteem Dependent Variables Employee Retention Organizational Commitment Job Security Job Content 1.5 Hypothesis Hypothesis 1: There is a positive relationship between succession planning and employee retention. Chapter 2 Literature Review In an organization, every employee tends to rise to his level of ineffectiveness (Jr., 2003).Succession planning is the power to developing the strengths and performance of their people and maximizes production capacity. We provide businesses with a broad range of highly effective tools, methodology and processes, proven to dramatically improve the contribution made by individuals and organizations at all levels (Jr., 2003). These are the role of Succession Planning in an Organization Prepares current employees to undertake key positions Develops ability and long-term development Improves employees abilities and performance Improves workforce loyalty and as a result retention Assemble the career improvement requirements of existing employees Improves support to workforce throughout their tenure Counters the increasing complexity of hiring employees externally Focuses on leadership stability and better knowledge distribution Provides further effective monitoring and tracking of employee ability levels and skills (Jr., 2003). As Succession planning is a core part of an organizations ability to decrease risk, create a verified leadership model, smooth organization continuity and improve staff self-confidence (White, 1987). Succession planning has become really important for managers and executives in the current business world because, now they have begun to understand the importance of securing their companies eventually by selecting future leaders (White, 1987). Succession planning considered to the higher concern to make the right decisions. They must put their self into strategic and planning form to choose the best leader (Jr., 2003).When it comes down to the decision about the succession plan an executive should recognize the needs and requirements of the company that what would be the strengths and weaknesses so an executive will know what kind of person they would need on the considerable situation which will lead the company on the succession path (White, 1987). The basic element in transition is well transparency as it applies on every company the employer should take step to communicate the employees to decrease the gap between the company and the employee which effects better with the reflection of succession (Jr., 2003) To develop an effective succession plan there are four stages Recognizing jobs for succession; Developing a obvious understanding of the capabilities required to carry out those roles; Identifying workforces who could potentially fill and do highly in such roles; Preparing workforces to be ready for development into each identified role. Without the execution of a succession plan, there can be significant impacts on a business including; Lack of expertise and business knowledge Lack of business stability Damaged customer associations (Jr., 2003). Organization succession planning is highly dependent on the competent employee the company highly depends on its employee which can make the path and accelerate the companys business which will play a major role for an organization to become profitable or reciprocal. One major concern which often makes difference for succession if the leader key person leaves the organization- either by choice or other circumstances (Jr., 2003).What will happen when an important key player purged without succession planning? There are few things to look forward. Such as either there will be no skilled successor or there will be who might not ready to manage the business the way it has to be managing with the abilities. Whatsoever the case might came out to be, the situation can be terrible for the company. Business can become unsustainable to carry on (Jr., 2003). The only answer that is left in an unexpected situation is just unproductive quick-fixed solutions the successor is left with temporary substitute if the set up is not been fix yet., and the important result can still be the breakdown of the business. Key factors that affect the success of business are skill and experience. And without it no one can run a business. They significant traits in an entrepreneur not only run the business but also sustain the success (Jr., 2003). Without succession planning, a company that has become successful can just as easily fail. The company grows because there is a leader with experience, drive and ability. Without suitable succession planning, the future growth of the business is left to chance once that leader is gone. Under such a situation, if it succeeds at all, it is by default rather than intended. That is not all. The passing of the crop from one generation to the next is often fogged up by the stakeholders differing views and agendas. Without proper planning, the clashes of views and agendas can pull the company in several directions and this may wreck an otherwise feasible business (Jr., 2003). Succession planning enables your business to identify brilliant employees and provide education to develop them for future higher level and broader tasks. Succession planning helps to build worktable strength. Succession planning helps to decide where public belong to (Jr., 2003). Through your succession planning procedure, you also save superior employees because they value the time, attention, and development that you are investing in them. To efficiently do succession planning in your business, you must identify the organizations long term goals. They must hire better staff (White, 1987). You need to spot and recognize the developmental needs of your employees. You must guarantee that all key employees understand their career paths and the roles they are being developed to fill. You need to spotlight resources on key employee retention. You need to be alert of employment trends in your area to be familiar with the roles you will have a difficult time filling externally (White, 1987). It is a complex process and a successful plan is based on management formation, regular evaluation through evaluations and integrated management development system. Only one tenth of the know-how of professional managers consists of formal education and training and the result is attained through on the job development. Management structure has to be clearly understood by all and frequently reviewed for future planning. One of the reasons for the gradual and slow abolition of business groups of yesterday is that they failed in managing the change. The plan does not mean recognition of an individual to replace his/her ancestor. It means identifying a group of individuals to be trained and groomed for the place of CEO (Zajac, 1987). The organizations offer employee development opportunities through: on the job learning, better training and counseling, formal training programmers and job orientation. All these facilities not only help in employees development but also help in preparing the incumbents probable to fill key positions (Jr., 2003). The companies have to decide today for tomorrow through a complex assessment system for the human development, which is most uncertain. Business environment is getting increasingly vibrant, corporate growth, rate and size is critical, and values are changing which offer superior business opportunities for head hunters (Zajac, 1987). To achieve the aim the process begins from staffing needs periodic appraisal and an elastic plan. Promotions are common and job rotation is a must to expose the incumbents to a diversity of experience, i.e. marketing, sales, finance and even manufacturing. The basic criteria remains performance but potential also play a very key role (White, 1987). To commence such a complex process it is necessary to understand the challenge well in advance and act with obligation. Focus should be on performance as well as potential keeping in view the convenient challenges. The organizations must differentiate between spending on personnel and investment in employees development. It is a fact that a number of the corporate look after their senior executive very well but hardly invests in budding leaders (Zajac, 1987). One of the factors which have been a major obstacle in succession planning is hardly any division of management from ownership. Some of the leading groups vanished because they failed to interpret the change and to educate professional managers. People often presume that a manager by profession and a professional manager are one and the same. To face the emerging challenges corporate need more flexible managers (White, 1987). Imagine for a moment a workplace in which the employees eagerly estimated their performance reviews. Picture your staff telling each other how much they look forward to meeting with their manager and bragging about what an empowering experience these meetings are (Jr., 2003). The length of time an employee has worked for his or her current employer (Rosemary Batt, 2002). Leadership is the skill of getting someone else to do something you want done because he wants to do it (Brown, 2003). Leadership is a process by which a human being influences others to accomplish an objective and directs the business in a way that makes it more unified and logical. Leadership is a process whereby a person influences a group of individuals to achieve a common goal (Brown, 2003). Employee retention is a process in which the employees are encouraged to remain with the group for the maximum period of time or until the conclusion of the project. Employee retention is useful for the organization as well as the employee (Sheridan, 1992). Employees nowadays are different. They are not the ones who dont have better opportunities in hand. As soon as they feel dissatisfied with the present employer or the job, they switch over to the next job. It is the responsibility of the employer to retain their greatest employees. If they dont, they would be left with no superior employees. A good employer should know how to attract and keep its employees. Retention involves five key things (Sheridan, 1992). Compensation Environment Growth Relationship Support One of the most vital and key part is to retain the employee of the organization its as important as you understand you need you have got to intact and retain your potential employee because your employee is your asset which will highway the organization on success(Sheridan, 1992). Why employee retention so important? Is it just to cut the turnover costs? Its not only the cost incurred by a organization that emphasizes the need of retaining employees but also the need to retain talented employees from getting poached (Sheridan, 1992).The process of employee retention will advantage an organization in the following ways (Sheridan, 1992). The cost of employee turnover adds hundreds of thousands of money to an organizations expenses. While it is hard to fully calculate the cost of turnover (including hiring costs, training costs and productivity loss), industry experts often quote 25% of the average employee salary as a conventional estimate. (Sheridan, 1992). When an employee leaves, he takes with him valuable facts about the company, customers, current projects and past history sometimes to competitors. Often much time and money has been spent on the employee in anticipation of a future return. After the employee leaves, the investment is not realized. (Sheridan, 1992). Customers and clients do business with an organization in part because of the people. Relationships are developed that support continued sponsorship of the business. When an employee leaves, the relationships that employee built for the companies are disengaged, which could lead to probable customer loss (Sheridan, 1992). When an employee terminates, the effect is felt throughout the organization. Co-workers are often required to pick up the slack. The unspoken negativity often intensifies for the remaining staff (Sheridan, 1992). The goodwill of a company is maintained when the attrition rates are low. Higher retention rates motivate potential employees to join the organization (Sheridan, 1992). If an employee resigns, then good amount of time is lost in hiring a new employee and then training him/her and this goes to the loss of the company directly which many a times goes unnoticed. And even after this you cannot assure us of the same efficiency from the new employee (Sheridan, 1992). Employee retention refers to policies and practices companies use to avoid valuable employees from leaving their jobs. How to retain important employees is one of the biggest problems that plague companies in the competitive marketplace. Not too long ago, companies accepted the revolving door policy as part of doing business and were quick to fill a vacant job with an additional eager candidate. Nowadays, companies often find that they spend substantial time, effort, and money to train an employee only to have them build up into a valuable commodity and leave the company for greener pastures. In order to generate a successful company, employers should consider as many options as possible when it comes to retaining employees, while at the same time securing their trust and loyalty so they have less of a need to leave in the future (Sheridan, 1992). Many people love their job, and there are a huge number of reasons such as they like the company environment, their boss, and their co-workers. A thrilling position, with plenty of opportunity for growth, learning, and advancement, is always desirable, as is a meaningful job that has the possible to make a difference in the lives of others. Dissatisfaction with one or more of these things could force the employee to think about leaving (Sheridan, 1992). A rather obvious way for a company to better retain their employees is by offering competitive salaries and bonuses. Everyone likes to be recognized for a job well done, and nothing makes someone feel more appreciated than cold hard cash. It also shows the employee that the company has some degree of loyalty towards them, which could in turn influence them to repay their employers with some loyalty of their own. Increased benefits, stock options, more vacation time, company cars, child care, and other perks dont hurt either. Financial support for employees who wish to continue their education would also most likely be appreciated and rewarded with employee loyalty (Sheridan, 1992). In many instances, employee retention starts just as soon as an employee is hired. If a company sees an unusual amount of potential in a new hire, management could make them feel appreciated right off the bat. Interest free loans to help pay off their college bills or other debts is one way for an employer to do this. In order to keep the employee from jumping ship before the loan is paid off, the employer can do several things, including staggering payments or making the loan contingent on certain performance goals. In a way, this practice can be considered a combination of recruitment and retention tools. Similar programs could also be implemented for employees that already have tenure built up with the company (Sheridan, 1992). There are times when an employee wants to leave a company not for a better job opportunity, but for the chance to relocate. Usually if this is a case, the employees needs are strictly personal ones. If possible, a business can offer a relocation allowance to the employee and still try to keep them in the company in the same or a different capacity. Again, the details would have to be worked out on an individual basis so that the employee does not abuse this privilege (Sheridan, 1992). The implementation of company policies like flextime, job-sharing, and part-time work may also prove useful in retaining an employee who wishes to leave their job for personal reasons. By doing so, a company could gain a reputation as a family-friendly environment and therefore make it more attractive to future potential employees (Sheridan, 1992). Another thing that employees seem to enjoy is casual days or even a company casual dress policy. This allows employees the chance to better express themselves and creates a more comfortable work environment. In most cases, the dress code should be clearly defined so that the employees do not abuse the privilege and promote an unprofessional image about the company (Sheridan, 1992). A company may also want to spend some time to get to know their employees better. A thorough understanding of an employees goals, concerns, skill level, values, health, and job satisfaction are just a few of the areas that can be addressed. By doing so, the employee could be made to feel more like a prized individual and less like a cog in a corporate machine. At the same time the company will educate itself as to which employees are the most valuable in both a business and personal sense. (Sheridan, 1992). When a valued employee leaves, the company can use information gathered in an exit-interview to find out the reasons for the employees decision and the changes that can be made within the company to keep others from following suit. This data can be gathered into a formal report and distributed to management, members of the human resource team, and other pertinent employees to be used for this purpose (Sheridan, 1992). Finally, upper-level employees can be trained as retention managers to help in the seemingly never-ending battle to keep talent. A successful retention manager must be aware of their strengths and weaknesses and have a talent for listening, respecting, and understanding their employees concerns. Retention managers should be individuals who have already proven their loyalty to the company. Honesty, creativity, and patience are other virtues that can help in this type of position (Sheridan, 1992). Every company should understand that people are their best commodity. Without qualified people who are good at what they do, any company would be in serious trouble. In the long run, the retention of existing employees saves companies money. There are advertising and recruiting expenses, orientation and training of the new employee, decreased productivity until the new employee is up to speed, and loss of customers who were loyal to the departing employee. Finding, recruiting, and training the best employees represents a major investment. Once a company has captured talented people, the return-on-investment requires closing the back door to prevent them from walking out (Robert P. Steel, 2002) When an employee leaves a company for a direct competitor, there is always a chance that they will take important business strategies and secrets with them to be exploited by the competition. This is yet another reason why the retention of employees is so crucial to some businesses. While this practice seems a bit unscrupulous, it stills happens quite frequently. As Bill Leonard stated in HR Magazine: because employers know that the best-qualified applicants will come directly from competitors, recruiting and hiring employees away from the competition becomes a necessity in an ultra-tight labor market. And necessity is the mother of inventive and sometimes controversial business practices. Recruiting and hiring from your competitors is probably as old as business itself. But what is new and a hot topic among employers is how to attract and retain qualified candidates in a highly competitive labor market while also preventing their own intellectual capital from winding up in the hands of competitors (Robert P. Steel, 2002). One way for a company to prevent employees from giving valuable information to competitors is to make it a policy to enforce strict noncompeting and confidentiality agreements amongst its employees. The existence of such agreements could in fact deter a competitor from hiring a valuable employ because they might not want to risk possible legal entanglements with the other company. Of course, all this could possibly lead to animosity with the employee who could feel that his or her options are being limited. Many employees dont always remember signing such a document, so a copy of it should always be kept on file for the employee to refer to. This area could prove to be a highly sensitive one between employer and employee, so extreme caution is suggested in all instances (Robert P. Steel, 2002). Employee retention is an issue in just about every business sector. The technology field seems to see the most movement amongst employees, but other markets like education and sales also see more than their fair share of turnover (Sheridan, 1992). The effects of this trend are somewhat different for small businesses. Since the employee base at a small business is fairly low, a stronger sense of loyalty may be a bit more prevalent. One possible reason for this trend would be the generally low number of layoffs that occur in the small business sector. Many small businesses even have no-layoff policies that can be used as a valuable recruiting and retention tool to secure employees. These types of policies are not for all small businesses, especially those with erratic sales trends or those that employ a large number of non skilled workers who are often easy to replace (Sheridan, 1992). In any event, just about every business will have to live with the fact that valued employees will leave at some point. While certain strategies can be practiced to slow this trend, it most likely can never be stopped completely. Successful businesses that are built on a strong foundation should have less trouble dealing with this situation than their weaker counterparts. At the same time, the companys strengths will enable them to promote an image to help recruit and ultimately retain the best employees out there (Robert P. Steel, 2002). When the companies were consulted, the subject of identifying and retaining top talent is always one of the critical items executives tell me theyd like to improve upon. However, when asked what their strategy is in that regard they either mention that theyve found this great recruiting firm that is going to do nothing but send them top-level talent, or they look at me and tell me the people that have left were no good to begin with, basically rationalizing the cause of the turnover(Rosemary Batt, 2002). It is recommended that job analysis audits should be conducted to provide realistic job previews. Job analysis audits should be done with behavioral assessments, cognitive reasoning assessments, job simulations, and hard skills assessments (e.g., computer skills, etc.) to objectively define the core competencies required for success in each role competency modeling. This helps in providing a realistic job preview for candidates and managers. Oftentimes what managers think they need for a certain role is different from that they actually need (Robert P. Steel, 2002). A well-designed assessment and selection process must be implemented. Behavioral assessments and structured behavioral interviewing techniques should be used to increase the likelihood of hiring people who can, and will, do the job at a high level in your environment and for your managers job fit assessment (Sheridan, 1992). Effective employee orientation must be provided. The people who are hired today are potentially the greatest resource for corporate success in the years ahead. A senior leaders participation in new employee orientation sends a vital cultural and leadership message: everyone is involved in the drive toward the future. Everyone even the newest employee has value (Robert P. Steel, 2002). Programs for employee training and development are to be implemented. Ongoing professional development is required to show willingness as an organization to develop the greatest assets which are the people. (Sheridan, 1992). Manager and employee relationships must be improved. Concentration should be on the people who stay with the organization to learn what makes them happy; then give them more of it. It is said that people leave managers, not companies. If there is a turnover problem, assess the managers (Robert P. Steel, 2002). An equitable and fair pay system is also important (Sheridan, 1992). Encourage succession planning. Identify roles for which employees may be suited in the future and work with them on designing their succession plan within the organization. Invest in cross-training, job shadowing, coaching, mentoring, and cross-experience (Robert P. Steel, 2002). Job security is dependent on economy, prevailing business conditions, and the individuals personal skills. It has been found that people have more job security in times of economic expansion and less in times of a recession (Postel-Vinay, 2005). Chapter 3 Research Methodology 3.1 Sources of Information The information used in this study is basically primary data collected from respondents who are employees of Banking Sector in Pakistan. Employees at various levels working in four recently banks have been surveyed for this study to identify two responses i.e. organizations involved in succession planning would have employees who are more intend to stay in the same organization. For this research, four banks, RBS (Royal Bank of Scotland), SCB (Standard Chartered Bank), UBL (United Bank Limited) and MCB (Muslim Commercial Bank) have been selected to carry out the survey. 3.2 Sampling Technique Procedure The researcher has used the Convenience Sampling technique in which the sample has been selected in such a way that all individuals in the target population had an equal probability of being selected in the sample. Various departments within each bank were approached and employees working at various levels were used as correspondents for this research. 3.3 Sample Size The total sample size was 100 respondents, taking 25 employees from each of the chosen bank which includes Male / Female Graduate / Masters Employee/Supervisor/Manager / Senior Manager or Others 3.4 Method of Data Collection Procedure The private sector Banking Industry of Pakistan is the targeted segment for the collection of primary data through questionnaires which is designed on the basis of research articles and questionnaires related to the topic. All employees from managerial level would be the participants. The survey would be self administered. 3.4.1 Data Collection Basically there are two types of data available for the researchers, Primary and Secondary. In this research primary data has been used collected through questionnaires. Since and its effect is a study which needs to be carried out from employees who actually went through this, therefore the researcher had to rely on questionnaire survey results (primary data) for empirical data. The researcher carried out the research through Survey method i.e. personal survey from employees working within four chosen banks in Pakistan. The survey was carried out by getting questionnaires filled from employees working at different levels within the organization and their perceptions were studied regarding the retention and what factors can come if succession effect created among them. 3.4.2 Research Testing Instruments The instruments used for collecting data for this research consisted of questionnaire for surveys and SPSS as testing tool. For the purpose of data collection a questionnaire was devised based on two sections that consisted questions pertaining to Employee Retention (Dependent Variable), Succession Planning (Independent Variables). The respondents have been asked if they had been properly brief about the effects of succession planning employee retention that had on their behavioral outcomes. The tool used in this research is SPSS. Pearsons Correlation is used in this research and analysis is carried out keeping in view the nature of the hypothesis and the data. During the analysis of data in SPSS, researcher has used technique of Pearsons Correlation, because Pearsons correlation coefficient is a measure of linear association. Two variables can be perfectly related. 3.4.3 Method The questionnaire was mailed and e-mailed to the employees of a random sample of 100 from four chosen banks. 3.4.4 Questionnaire Questions were asked from employees based on their experience. Section A consisted of 15 questions related to Employee Retention which includes organizational commitment, job security and job content. All parts were divided among 5 each questions. The scale for recording responses was 1 to 5 representing Strongly Disagree, Disagree, Neutral, Agree and Strongly Agree. The questions were designed in a way to judge the psychological effect of retention on employees mind. Section B consisted of 11 questions related to the Succession Planning of employees which includes tenure, leadership and self-esteem. The scale for recording responses was 1 to 5 representing Strongly Disagree, Disagree, Neutral, Agree and Strongly Agree. The questions were designed in a way to judge the psychological effect of succession on employees mind. All the questions of both the sections A B were designed in a way to judge the employees motivation level towards work and whether or not they are planning to leave the organization upon getting an opportunity elsewhere. 3.4.5 Questionnaire Testing A questi

Production Cost Analysis

Production Cost Analysis: Economic Analysis as a tool for Process Development: Harvest of a High Cell-Density Fermentation For the biotech industry to be profitable, it must consider economics along with process recovery, purity, and product quality. The number of biotechnology-based human therapeutic products in the late-stage pipeline, and the average cost to commercialize a biotech product, have steadily increased. 1,2  This has required biotech companies to use economic analysis as a tool during process development and for making decisions about process design.Process development efforts now aim to create processes that are economical, as well as optimal and robust. 3-6 |[pic] | Novais et al. recently performed an economic comparison of conventional versus disposables-based technology for the production of an antibody fragment from an  E. coli  fermentation. 7The authors concluded that the capital investment required for a disposables-based option is substantially reducedâ €”less than 60% of that for a conventional option.The disposables-based running costs were 70% higher than those of the conventional equivalent. However, the net present value of the disposables-based plant was found to be positive and within 25% of that for the conventional plant. More recently, the economic feasibility of using disposables has been examined for facility design, highlighting the need to perform a thorough analysis for the application at hand. 8,9 |[pic] | |Quick Recap |Harvesting biotechnology products from cell culture or fermentation process streams is often performed by a combination of several-unit operations. Centrifugation, depth filtration, and microfiltration are commonly used. In a recent publication, different harvest approaches were investigated for a case study involving recovery of a therapeutic protein from  Pichia pastoris  fermentation broth. 10 |[pic] | |Figure 1. Schematics for options 1 and 2 | that are examined in this economic analysis | This article, the seventh in the â€Å"Elements of Biopharmaceutical Production† series, describes how economic analysis can be used to compare different processes and assist in designing an â€Å"economical† option. BACKGROUND |[pic] | |Table 1. Comparison of process performance | |for option 1 and option 2. Adapted from | |reference 10. | Figure 1 illustrates the two options that will be examined in this economic analysis.Option 1 involves a three-unit operation harvest process: centrifugation, followed by depth filtration, and completed with a concentration and buffer exchange via tangential flow ultrafiltration–diafiltration (UF–DF). Option 2 involves a two-unit operation process: microfiltration followed by a concentration and buffer exchange via tangential flow filtration (UF–DF). Table 1 presents a comparison of process performance under the two options. Under optimal conditions, both options can deliver the desired product recovery (> 80% ), harvest time (

Crime in Detroit

Crime in Detroit For many years Detroit, Michigan has been known as the murder capital of the world. stats show that In 2012 Detroit had the highest rate of violent crimes over any other city In the united States. Crime around the city Is not only committed by the residents but also by local police officials and government officials. These are the people that took a vow to serve and protect us. But we have to protect ourselves from them. There has been crimes of racism, take for instance in 1992, two white police fficers named Walter Budzyn and Larry Nevers beat to death an African American man. amed Malice Green, with a flashlight. It was said that it was a routine traffc stop in which Green was driving, but everyone in Detroit knew that Malice Green was homeless and did not have a car. Green refused to open his hand and give the police the vile of crack that he was holding. For that he paid the ultimate price with his life. He was struck 14 times in the head with the police flashlg ht. Both officers were charged with involuntary manslaughter. Nevers received 4 years and Budzyn eceived 41/2 years.On the other hand in that same year my brother an Atrican American male accidentally killed a white woman while playing with a gun. He got the same Involuntary manslaughter charge and did 17 years. Maxing out his sentence. Each time he was up for parole he was denied. Eventually they Just has to let him go. Another incident of crime In Detroit was committed by a Government official. Kwame Kilpatrick was the mayor of Detroit from 2002 until he was forced to resign due to a plea deal in 2008. He was Involved in the citys largest corruption scandal ver.He, his best friend, and his father stole over 83 million dollars from the city. Hence the reason that the city is bankrupt today. He did everything from mail fraud which is a scheme to get money from people through the mail. wire fraud, something like mail fraud, racketeering, he was using the mayors palace as a place for prostitutes and was throwing wild parties there. He was also charged with obstruction and a list of other charges. Each of the 29 charges that he got can receive up toa 15 year sentence. He will be sentenced on October 13, 2013.So as you can see from those two examples crime is a big problem for the city of Detroit. It doesn't matter it its law enforcement or government officials. Crime is crime and It Is still going to be committed. By icheat4u world. Stats show that in 2012 Detroit had the highest rate of violent crimes over any other city in the United States. Crime around the city is not only committed by the man, named Malice Green, with a flashlight. It was said that it was a routine traffic He was struck 14 times in the head with the police flashlight.Both officers were received 41/2 years. On the other hand in that same year my brother an African same involuntary manslaughter charge and did 17 years. Maxing out his sentence. Another incident of crime in Detroit was committed by a Government official. due to a plea deal in 2008. He was involved in the citys largest corruption scandal which is a scheme to get money from people through the mail, wire fraud, something Detroit. It doesn't matter if its law enforcement or government officials. Crime is crime and it is still going to be committed.

Adoption Laws in India - Free Essay Example

Sample details Pages: 11 Words: 3351 Downloads: 2 Date added: 2017/06/26 Category Law Essay Type Research paper Tags: India Essay Did you like this example? à ¢Ã¢â€š ¬Ã…“ADOPTION LAWS IN INDIAà ¢Ã¢â€š ¬Ã‚  table of content introduction research methodology [chapter- I] Adoption under Hindu Law Applicability of the Act The necessary requirements for a valid adoption Necessary capacity of the person undertaking adoption Necessary capacity of the child being adopted Identification of the adoptive mother Certain specific conditions with respect to adoption Outcomes of adoption [chapter-ii] Adoption under Muslim law prophetà ¢Ã¢â€š ¬Ã¢â€ž ¢s idea of adoption Muslim personal law (shariat) application act 1937 doctrine of acknowledgement kafala conclusion bibliography . Don’t waste time! Our writers will create an original "Adoption Laws in India" essay for you Create order introduction à ¢Ã¢â€š ¬Ã…“Adoptionà ¢Ã¢â€š ¬Ã‚  means the process through which the adopted child is permanently separated from his biological parents and becomes the legitimate child of his adoptive parents with all the rights, privileges and responsibilities that are attached to the relationship.à ¢Ã¢â€š ¬Ã‚ [1] This concept was brought in, to provide a family to the abandoned or neglected children so as to provide love, care and support to them. In the past there was no codified law for this purpose. It was undertaken mainly for the purpose of continuance of heritance and for performing the basic ritual of funeral. However, with time, the law in this respect evolved. As this is related to the determination of legal affiliation of a child, this becomes part of the personal law Though in the present state, we do not have a secular law with respect to the concept, however Hindu Adoption and Maintenance Act, 1956 has been enacted laying out a complete code. This Act however is appli cable only to Hindus. It deals on a variety of issues concerning adoption. Under Muslim law, the law pertaining to it is still unclear, with the Juvenile Justice (Care and Protection) Act, 2002 acting as a kind of relief for people who want to undertake adoption. Further, the concepts of acknowledgement and Kafala play important role under the Muslim law. Chapter I would deal with the laws of adoption under Hindu law and Chapter II with the laws regarding the same with respect to Muslim Law. research methodology Doctrinal form of research has been undertaken for the project with the data being relied upon being either primary or secondary in nature Objectives 1. To Study and analyse adoption under the Hindu and Muslim laws 2. To analyse the cases regarding to adoption. Hypothesis Adoption as a concept is not recognised by all the religions. There is no uniform secular law on adoption for all religions in India. Scope and Limitation The scope of the paper has been restricted to the practise of adoption under Hindu and Muslim Law [chapter- I] Adoption under Hindu Law If a Hindu wants to seek for adoption, he/she can do so under the Hindu Adoption and Maintenance Act, 1956(hereafter, referred as HAMA).[2] In the ancient period, adoption as a process was not carried out. It had the societal stigma attached to it. It was understood as a consequence of impotency of male member. Further, the women had to suffer if she could not give birth to a male child. Thus, adoption under the ancient period could be attributed to two major factors namely, to continue the ritual of conducting funeral and that of following the family ancestry for which a male child was a must. Thus, to bring about a change in the practise, the laws in relation to adoption were codified. It is important to note that adoption once undertaken under this law for Hindus is irrevocable. Salient features of the Hindu Adoption and Maintenance Act, 1956. Applicability of the Act The act is applicable only on Hindus, as what is defined under Section 2[3] which says that anyone who is a follower of Virashaiva, or Brahmo or Arya Samaj or any person who is by religion a Buddhist, Jaina or Sikh will be considered a Hindu. Further the other features could be reiterated as follows: It clearly excludes anyone who is a Muslim, Christian, Parsi or Jew by religion. It covers both legitimate as well as illegitimate child, in a case where either both the parents are Hindus as defined above or in a case where any one of the parent satisfies the above condition. Further, in situations where the child has been discarded by both the parents, or where his parentage is unknown, and in such a case he is brought up as a Hindu by virtue of his practices. One who got converted or re- converted to a Hindu. The necessary requirements for a valid adoption There are certain requisites which must be followed for a valid adoption as clearly defined under section 6[4] which are namely, The person who is adopting must have the valid capacity to receive adoption. The person who is carrying out adoption must have the capacity to do so. The person who is being adopted must also have the capability to get adopted. Necessary capacity of the person undertaking adoption Under the aforesaid Act the capacity of a male Hindu and a female Hindu is specifically mentioned under Sections 7[5] and 8[6]. The two essentials for the same are that he/she should be of sound mind and must not be a minor, in lieu of considering the fact that if he/she has a living husband/wife present, consent must be taken from him/her under all the circumstances unless and until it is shown that the husband/wife has ceased to be a Hindu, or has renunciated the world entirely, or has been adjudged as one of unsound mind. In the case of à ¢Ã¢â€š ¬Ã…“Arumugha Udayar v. Valliammalà ¢Ã¢â€š ¬Ã‚ [7], the question was concerning if a husband could carry out the adoption process even if wife rejected to the same. It was held, that consent of wife is a necessary condition and hence adoption cannot take place. Moreover, it is clearly established that only the father or mother of the guardian of a child could give the child in adoption.[8] Except these three, not other person could carry out the task. Only in cases where the father or the mother are dead or have discarded the child or have taken complete renunciation of the world or have been adjudged of having unsound mind or the identity of the child is unknown- the guardian will have the capacity to carry out adoption thereby giving the child. Further, the permission from court is a must for guardian to carry it out. The court will look into different parameters to determine the welfare of the child keeping in mind the age, the desires and mental understanding of the child. Also, no consideration or reward of the adoption must be undertaken except by what is sanctioned by the Court in such cases of adoption by a guardian. Necessary capacity of the child being adopted Considering the fact that the main object of the adoption as a concept is the welfare of the children so that he/she gets a family, the Act lays down conditions as to who can be adopted under Section 10 of the aforesaid Act.[9]First and foremost, a child must be Hindu for the conditions to be applied under the present Act. Secondly, he/she must not be previously adopted. Thirdly, he/ she must be unmarried, unless any kind of custom applies to the contrary. And lastly, that he/she must not be more than 15 years, unless any kind of usage or custom applies to the contrary. In the case of à ¢Ã¢â€š ¬Ã…“Amar Singh v. Tej Ramà ¢Ã¢â€š ¬Ã‚ [10], the issue was as to what could be construed to be a custom. It was held, that any particular custom which is followed for a long time is to be construed as a law and that it need not be proved. Even a child who is physically disabled could be adopted if he fulfils the above conditions and the law puts no bar on them. The same was reiterat ed in the case of à ¢Ã¢â€š ¬Ã…“Devgonda Raygonda Patil v. Shamgonda Raygonda Patil.à ¢Ã¢â€š ¬Ã‚ [11] Identification of the adoptive mother Where a Hindu male adopts a child, his living wife shall be considered as the adoptive mother. In cases where it is a bachelor who undertakes such adoption, the wife whom he eventually marries shall be considered to be the step- mother of the child adopted. Similarly, where a widow or an unmarried women undertakes the act, the husband whom she marries consequently, shall be considered to be the step- father of the adopted child. Certain specific conditions with respect to adoption The Act lays down certain specific conditions to be fulfilled under various circumstances that may prevail in course of adoption[12]. They are as follows. In cases of adoption of a son, the condition is that the person whether male or female who is undertaking adoption should not have a à ¢Ã¢â€š ¬Ã…“Hindu son, sonà ¢Ã¢â€š ¬Ã¢â€ž ¢s son or sonà ¢Ã¢â€š ¬Ã¢â€ž ¢ sonà ¢Ã¢â€š ¬Ã¢â€ž ¢s sonà ¢Ã¢â€š ¬Ã‚ [13] existing during the time when the adoption is carried out. In cases of adoption of a daughter, the condition precedent to carry it out is that the person undertaking it should not have a à ¢Ã¢â€š ¬Ã…“Hindu daughter or sonà ¢Ã¢â€š ¬Ã¢â€ž ¢s daughterà ¢Ã¢â€š ¬Ã‚ [14] existing during the time when the process is being carried out. Further, in situations where it a male member carrying out a adoption and one who is to be adopted is a female, in such cases, it is necessary the adoptive father is minimum 21 years older than girl child who is being adopted. It is important to note that the child once adopted cannot be re-adopted simultaneously or by 2 or more persons. There must be actual transfer of the child from the family of where he/she is born to the adoptive family. Any kind of ceremony is not mandatory. It is to be considered that the existing son or daughter present in above circumstances prior to adoption must be either by way of a legitimate blood relationship or by adoption. The case governing the same is that of à ¢Ã¢â€š ¬Ã…“Charan Singh v. Major Singhà ¢Ã¢â€š ¬Ã‚  where it was held that the à ¢Ã¢â€š ¬Ã…“son used in Section 11 would only imply a legitimate sonà ¢Ã¢â€š ¬Ã‚ [15] Outcomes of adoption Once the adoption is done, the child under all circumstances is a deemed child of one who adopts him/her and all the attachments with the parents in the family where he was born stands severed. However, the child is not supposed to marry with the person whom he wasnà ¢Ã¢â€š ¬Ã¢â€ž ¢t allowed to marry previously as well. Any kind of property which was prior to adoption vested in the child along with the obligations attached shall stand as it is and will not be affected. Further, the child could also continue to sustain the relatives which he had in the family where he was born. à ¢Ã¢â€š ¬Ã…“The person who adopts a child has the power to set out his/ her property by way of transfer or by will subject to any kind of agreement to the contrary.à ¢Ã¢â€š ¬Ã‚ [16] It was clearly laid down in the case of à ¢Ã¢â€š ¬Ã…“Baban v. Parvatibai Dagadu Dangeà ¢Ã¢â€š ¬Ã‚  that after adoption the position of the adopted child is like a natural born child excepting for the purpose of marr iage and adoption.[17] In the case of à ¢Ã¢â€š ¬Ã…“Kartar Singh v. Gurdial Singhà ¢Ã¢â€š ¬Ã‚ [18], the son who was adopted claimed rights over the property in the family of where he was born and which was ultimately denied by the Court. Further, for purpose of adoption, there is no mandatory requirement of specific registration.[19] When a dispute in relation to it arises, the court will cautiously presume from any document presented purporting to adoption made.[20] Further, the fundamental principle of equality of status and equality before law is well acknowledged in the matter of adoption.[21] [chapter-ii] Adoption under Muslim law The adoption law after Indiaà ¢Ã¢â€š ¬Ã¢â€ž ¢s independence remained the same. However there were voices raised in the country regarding a secular law for adoption in the country. Under the law it was still only a Hindu who could adopt a child under the Hindu Adoption and Maintenance Act 1956. The nearest one person other than Hindu could come to adopt a child was to follow the guidelines under the Guardians and Wards Act.[22] However there was one problem with following this kind of route because it wasnà ¢Ã¢â€š ¬Ã¢â€ž ¢t adoption in full fledged sense. In order to bring out a secular law about adoption in India with an ambit to bring all the religions under one law, the Indian government came up with the National Adoption Bill 1980. It however faced stiff opposition from the Muslim community as they believed that the à ¢Ã¢â€š ¬Ã…“Quranà ¢Ã¢â€š ¬Ã‚  does not allow adopting a child under the Islamic law. Since the Muslims opposed the law, it was not received well in all corners of the society. The blocking of a secular law for adoption for all religions being blocked by Muslims was not acceptable to many sections of the society. à ¢Ã¢â€š ¬Ã…“If Islam does not recognize a social or economic concept, the state cannot compel every Muslim to keep away from it. If that were possible, our banking laws should not be available to any Muslim, since Islam does prohibit interest on moneyà ¢Ã¢â€š ¬Ã‚ [23] prophetà ¢Ã¢â€š ¬Ã¢â€ž ¢s idea of adoption Prophet Mohammed opposed adoption because he thought there would be confusion among sons as to who is real and who is adopted. His main idea was that a real son could never be replaced. A real son is a real son and no adopted son could ever take the place a real son. Prophet talks about only those situations or cases when already a man has a son. He however fails to acknowledge a situation when a man does not have a son at all. It is the Mohammedans who are bound by the law that they cannot adopt a child. The Shariat Law however does not put any such prohibition to adopt a child. Muslim personal law (shariat) application act 1937 Section 2 of the Shariat Act[24] talks about as to, who would be governed by the Shariat Act. However the above act does not make any special mention of adoption as unlike to marriage, divorce, guardianship and succession. One could however take help of judgements given by the High Courts and Supreme Court in order to interpret this aspect that adoption could be done under this act even though it has no special mention of adoption. In the case of à ¢Ã¢â€š ¬Ã…“Puthiya Purahil Abdurahiman Kurnavan v. Thuyath Kancheentavida Avoommaà ¢Ã¢â€š ¬Ã‚ [25] and à ¢Ã¢â€š ¬Ã…“Maulvi Mohd. v. Mahboob Begamà ¢Ã¢â€š ¬Ã‚ [26] the non mention of other subjects such as adoption in respect of which a valid custom could govern and be binding on the parties does not mean that it is not permissible for the parties to rely on such a valid custom, if there is one.[27] In the case of à ¢Ã¢â€š ¬Ã…“Mohammed Yunus v. Syed Unnisaà ¢Ã¢â€š ¬Ã‚ [28] the apex court considered and discussed about the scope of section 2 under the Shariat Act. The court held that non-mention of subjects like that of adoption under the law did not mean that one cannot rely under the valid customs. Therefore one could not say that the Holy Quran prohibits a person from adopting a child under absolute terms. One could always take the refuge under the Muslim Personal Law Act as it does not abrogate adoption. The Court held that Mohammedan may also have adoption allowed[29]. In the case of à ¢Ã¢â€š ¬Ã…“Mst Bibi v. Syed Alià ¢Ã¢â€š ¬Ã‚  [30] the court came out with the following findings Adoption as a rule is not unknown to the Muslim Law Mohammedans can also adopt by the virtue of customs Any Muslim who alleges that by practise of custom he can adopt a child has to prove it in the court of law. [31] doctrine of acknowledgement The Muslim law does not recognize the concept of a putative father as it believes that as an illegitimate son has no rights over the inheritance of property. Doctrine of acknowledgement can only be used to test the legitimacy in cases where there is real paternity. Muslim law uses this as a strategy to give legal status to a particular relationship. The law states that the acknowledger and the acknowledgee must have an age gap of 12 years and 6 months.[32] There are only two conditions under which a father could acknowledge paternity Child of unknown paternity When there is no definite proof as to child is the offspring of whom. The Doctrine of acknowledgement only applies to those cases where there is a doubt on regarding the legitimacy of the particular child. kafala Under the Muslim Law one is allowed to raise someone elseà ¢Ã¢â€š ¬Ã¢â€ž ¢s child but the child in this case unlike adoption does not become the child of the new parents rather retains his right with his or her original parents. This form or practise adopted under the Muslim law is called as kafala. Kafala is also known as à ¢Ã¢â€š ¬Ã…“alternative careà ¢Ã¢â€š ¬Ã‚  Therefore what we here find out is that the Muslim Law does not prevent the adoption of a child. However when one does it through the different steps above, it still does not count for adoption as still the child does not get or gain the right to be the heir of the adopted family. This is in turn defeats the whole purpose of adoption. The Muslims, however can carry out the process of adoption if they are willing to under Juvenile Justice (Care and Protection of Children) Act.[33] conclusion The project therefore deals with adoption laws in India with special focus on the Hindu and Muslim laws relating to adoption. Adoption of children is basically so as to for the continuation of a family lineage. Adoption as a concept has helped those couples who were not able to have a child. Adoption laws in India have been clearly specified for the Hindus. The Hindu Adoption and Maintenance Act deals with adoption by a Hindu .Therefore adoption in India for a Hindu is pretty easy. Under Hindu adoption the adopted child loses his rights over the earlier family. Adoption however in Muslim Law has not been clearly specified. As such on the outright Muhammedan Law doesnà ¢Ã¢â€š ¬Ã¢â€ž ¢t allow the adoption of child. A Muslim could however adopt a child either through the process of kafala or under the doctrine of acknowledgement, under the Shariat Law or under the Juvenile Justice Act. bibliography Cases Amar Singh v. Tej Ram, AIR 1982 P H 282.7 Arumugha Udayar v. Valliammal, AIR 1969 Mad 72.6 Baban v. Parvatibai Dagadu Dange, 1978 Mah. LJ 604..9 Charan Singh v. Major Singh, ( 1962) 78 Punj LR 3678 Devgonda Raygonda Patil v. Shamgonda Raygonda Patil , AIR 1992 Bom. 189.7 Ghisalal v. Dhapubai, AIR 2011 SC 644..9 Kartal Singh v. Gurdial Singh , (2008) 1 HLR 657 (PH)9 Maulvi Mohd. v. Mahboob Begam, AIR 1984 Mad 710 Mohammed Yunus v. Syed Unnisa , MR 1961 SC 80910 Mst Bibi v. Syed Ali, AIR 1949 All 769..11 Neno Khan v. Mst. Sugani , 1974 (DC) 8.10 Puthiya Purahil Abdurahiman Kurnavan v. Thuyath Kancheentavida Avoomma , AIR 1956 Mad 244 10 V. Ravishandram v. R. Ramesh Jayaram, (1998-3) 124 Mad. L.W 822 (D.B)9 Vishvanath Ramji Karale v. Rahibai Ramji Karale and Ors, AIR 1931 Bom.1059 Statutes Guardian and Ward Act, 1890.9 Hindu Adoption and Maintenance Act, 1956..5 Juvenile Justice (Care and Protection of Children) Act, 2000 (56 of 2000)3, 12 Muslim Personal law (Shariat) Application Act, 193710 Books David Pearl, à ¢Ã¢â€š ¬Ã…“Textbook on Muslim Lawà ¢Ã¢â€š ¬Ã‚ , ,University of California, 2008..11 Martha Nussbaum , à ¢Ã¢â€š ¬Ã…“Sex and Social Justiceà ¢Ã¢â€š ¬Ã‚ , Oxford University Press, 2000..10 1 | Page [1] Section 2(d), Juvenile Justice (Care and Protection of Children) Act, 2000 (56 of 2000) [2] Hindu Adoption and Maintenance Act, 1956. [3] ibid s 2 [4] ibid s 6 [5] ibid s 7 [6] ibid s 8 [7] Arumugha Udayar v. Valliammal, AIR 1969 Mad 72 [8] HAMA s 9 [9] ibid s 10 [10] Amar Singh v. Tej Ram, AIR 1982 P H 282 [11]Devgonda Raygonda Patil v. Shamgonda Raygonda Patil , AIR 1992 Bom. 189 [12] HAMA s 11 [13] ibid s 11(i) [14] ibid s 11 (ii) [15] Charan Singh v. Major Singh, ( 1962) 78 Punj LR 367 [16] HAMA s 13 [17] Baban v. Parvatibai Dagadu Dange, 1978 Mah. LJ 604 [18] Kartal Singh v. Gurdial Singh , (2008) 1 HLR 657 (PH) [19] Vishvanath Ramji Karale v. Rahibai Ramji Karale and Ors, AIR 1931 Bom.105 [20] V. Ravishandram v. R. Ramesh Jayaram, (1998-3) 124 Mad. L.W 822 (D.B) [21] Ghisalal v. Dhapubai, AIR 2011 SC 644 [22] Guardian and Ward Act, 1890 [23] Martha Nussbaum , à ¢Ã¢â€š ¬Ã…“Sex and Social Justiceà ¢Ã¢â€ š ¬Ã‚ , Oxford University Press, 2000 [24] Muslim Personal law (Shariat) Application Act, 1937 [25] Puthiya Purahil Abdurahiman Kurnavan v. Thuyath Kancheentavida Avoomma , AIR 1956 Mad 244 [26] Maulvi Mohd. v. Mahboob Begam, AIR 1984 Mad 7 [27] ibid [28] Mohammed Yunus v. Syed Unnisa , MR 1961 SC 809 [29] Neno Khan v. Mst. Sugani , 1974 (DC) 8 [30] Mst Bibi v. Syed Ali, AIR 1949 All 769 [31] ibid [32] David Pearl, à ¢Ã¢â€š ¬Ã…“Textbook on Muslim Lawà ¢Ã¢â€š ¬Ã‚ , ,University of California, 2008 [33] Juvenile Justice (Care and Protection of Children) Act, 2000 (56 of 2000)