Malaysian Education And Malaysian Science Curriculum

Malaysian Education And Malaysian Science Curriculum CHAPTER 5 5.0 Introduction This chapter will mainly discuss the generic aspects in Malaysian education system and will give more focus on Malaysian science curriculum. In discussing Malaysian science curriculum, I will be looking at the four main aspects of a curriculum which are the objective, content, implementation and assessment. However, I would prefer to give more focus on the implementation and the assessment which are basically the aspects that influence students performance and the effectiveness of a curriculum. I will highlight the strengths and the weakness of this curriculum or system from the data gathered and the analysis of related documents. 5.1 Brief History on Malaysian Education System In conducting this research, I do believe that one needs to understand the Malaysian education system as a whole, in order to understand how this system develops and works. The development had so many influences from internal and external namely religion, colonialism, integration among races, science and technology, political view and others. However the establishment of Malaysian education system became significantly enhanced after World War II as a result of the rise in awareness among the intellectuals in Malaya. Therefore, to explain brief history of Malaysian education, I would to discuss education in Malaysia, previously known as Malaya, post World War II. 5.1.1 Towards A National Education System In order to help the government to decide the best education system, an Advisory Committee on Education was established in 1949 by British government in Malaya. The government intended a system which could be implemented and on the same time could unite the races in Malaya. Due to that reasons, British believed that a standard type of education could help British to foster the aims in Malaya. Hence, an education system was established which this system used one medium of instruction. On the subsequent year 1950, Barnes Report proposed of the conversion of primary vernacular schools into national schools which using Malay and English languages. In secondary schools however, supposed to maintain the use of English as medium of instruction (Rosnani, H., 2004). From the Barnes report, there were subsequent reports produced with attempts to view the education system in Malaya such as Fenn-Wu report in 1951 and Razak Report in 1955. Razak report was the one which really gave tremendous effect in Malaysian education. The committee was chaired by Dato Abdul Razak Hussein and was given the task to review the education system of Malaya. Based critical analysis and deliberation on 151 memorandums which received, Razak Committee recommended the following; (Rosnani, H., 2004). Two types of primary school National schools and National-type schools with a common content syllabus. Use of Malay language as medium of instruction and English as compulsory subject. In 1960, the Rahman Talib committee was established to investigate the acceptance of Razak Report among the Malaysians. It also aims to strengthen the implementation of Razak Report and the use of Malay as the medium of instruction. Report by Rahman Talibs commitee later was served as the basis for the Education Act 1961 and the act was subsequently approved by the Parliament. 5.1.2 Development of Malaysian Science Education during Post-Independence In Malaysia, science education started under the British colonialism period. At that time, education was received only by the elite groups and only a small group of people in Malaya pursued their study in secondary level where formal science education was provided. During that era, students were used imported textbooks and sat for the examination that was set up by Cambridge Universities. The examination is exactly the same as the ones sat by students in England. After independence, and the establishment of the new state of Malaysia in 1963, a more comprehensive system of education was developed. The system use Malay language as the main medium of instruction and a national curriculum together with examination system (Wong Ee, 1975). Later in 1973, the National Curriculum Development Centre (CDC) was established to oversee matters pertaining to curriculum adaptation and adoption. According to Zainal (1988) curriculum reforms at secondary level were very much influenced by the British education system. In 1960s and 1970s, the reforms (Nielsen, 1985) emphasized the following: integration and relevance of the science curriculum, and science process skills However, research found that the implementation of these reforms at classroom level was very minimal (Zainal, 1988). Even though the reform supposes to change the pedagogy of teachers, studies conducted reported that teachers modified or ignored the inquiry strategies proposed by the reformed courses. There were cases where teachers keep using the traditional pedagogy in teaching. Most of the reasons cited were (Lee, 1992); Lack of confidence and competence on the part of teachers to try out new teaching techniques, probably due to their poor grasp of the subject-matter and poor training; Physical constraints in terms of class size and facilities; Social pressure to teach towards examinations; and A cultural context where respect for authority inhibits independent and critical thinking. Due to the factors listed, the reform process did not met its expectation which to provide a better education for Malaysian citizens. Thus, in 1988, a further wave of reform was carried out. This time the reform was led by the establishment of the Integrated Curriculum for Secondary School (ICSS), which serves to provide the better basis for secondary schooling science programs. Alongside development of scientific knowledge and skills, ICSS Science also emphasizes the inculcation in students of social values and positive attitudes to science. 5.1.3 Implementation of the National Education System The National Philosophy of Education was released in year 1989. The philosophy is as follows: Education in Malaysia is an on-going effort towards further developing the potential of individuals in a holistic and integrated manner, so as to produce individuals who are intellectually, spiritually, emotionally and physically balanced and harmonious, based on a firm belief in and devotion to God. Such an effort is designed to produce Malaysian citizens who are knowledgeable and competent, who possess high moral standards, and who are responsible and capable of achieving high level of personal well-being as well as being able to contribute to the harmony and betterment of the family, the society and the nation at large. 5.1.4 Education towards Vision 2020 To achieve the status as a fully developed country is the ultimate goal for Malaysia by the year 2020. The definition of Malaysia as a fully developed country is: By the year 2020, Malaysia can be a united nation, with a confident Malaysian society, infused by strong moral and ethical values, living in a society that is democratic, liberal and tolerant, caring, economically just and equitable, progressive and prosperous, and in full possession of an economy that is competitive, dynamic, robust and resilient. In order to reach as fully developed country, it is important for Malaysia to put sufficient effort to overcome nine challenges in Vision 2020. Following are the challenges that are believed to be related to the role of education in Malaysia (Malaysia as a Fully Developed Country, 2010; p.2) The third challenge we have always faced is that of fostering and developing a mature democratic society, practicing a form of mature consensual, community-oriented Malaysian democracy that can be a model for many developing countries. The fifth challenge that we have always faced is the challenge of establishing a matured, liberal and tolerant society in which Malaysians of all colors and creeds are free to practice and profess their customs, cultures and religious beliefs and yet feeling that they belong to one nation. The sixth is the challenge of establishing a scientific and progressive society, a society that is innovative and forward-looking, one that is not only a consumer of technology but also a contributor to the scientific and technological civilization of the future. The ninth challenge is the challenge of establishing a prosperous society, with an economy that is fully competitive, dynamic, robust and resilient. In the history of Malaysia, it is evident that the education policy over the past years has been consistent and in line with Vision 2020. Vision 2020 emphasizes Malaysia as a fully developed country, one which is developed in every aspect economically, politically, socially, spiritually, psychologically and culturally. The challenges in Vision 2020 which related to education will only be overcome by ensuring that adequate supply of human resources in the area of science and technology are provided. This is done through increasing the intake of science students, encouraging the use of technology in among the teachers and students. Critical reviews on the National Education system from time to time ensure that the present curriculum is in line with the progress and needs of our country. The needs include restructuring the society, achieve racial unity and fulfill the aims of the Vision 2020. 5.2 Objective The objective of Malaysian science curriculum lies in its philosophy which is extended and based on the National Educational Philosophy (NPE); In consonance with the National Education Philosophy, science education in Malaysia nurtures a science and technology culture by focusing on the development of individuals who are competitive, dynamic, robust and resilient and able to master scientific knowledge and technological competency Therefore in general, aims of science education in Malaysia are to develop the potentials of individuals in an overall and integrated manner. It also intended to produce Malaysian citizens, who are scientifically and technologically literate and competent in scientific skills. In line with the National Educational Philosophy, the individual produced is believes to practice good moral values and has abilities to cope with the changes of scientific and technological advances. He or she also be able to manage nature with wisdom and responsible for the betterment of mankind. Educational Development Plan for Malaysia (2001 2010) stated that, the aims of the development in secondary education are to enhance students critical and creative thinking skills; emphasize science and technology; provide adequate and quality teaching and learning facilities. By giving focus on science and technology, the prescribed curriculum by means will ensuring the workforces who are knowledgeable and skillful in various fields especially in science, technology and ICT can be produced. From the aims that highlighted, one can see that the philosophy of Education in Malaysia works as a reference or guide for the system in producing the intended products. This can be seen from the following lines; The aspiration of the nation to become an industrialized society depends on science and technology. It is envisaged that success in providing quality science education to Malaysians from an early age will serve to spearhead the nation into becoming a knowledge society and a competitive player in the global arena. Towards this end, the Malaysian education system is giving greater emphasis to science and mathematics education. Dr.Sharipah Maimunah, Director of Curriculum Development Centre (CDC) The focus in the teaching-learning approach in the science curriculum in Malaysia at all levels is the mastery of scientific skills among the students. Since science subject stress on inquiry and problem solving, therefore scientific and thinking skills are need to be utilized. Scientific skills are important in any scientific investigation such as conducting experiments and carrying out projects as it comprises process skills and manipulative skills. Process skills are mental processes that encourage critical, creative, analytical and systematic thinking while manipulative skills are psychomotor skills used in scientific investigations such as proper handling of scientific equipment, substances, living and non-living things. Thinking skills comprise critical thinking and creative thinking, which when combined with reasoning lead to higher order thinking skills such as conceptualizing, decision making and problem solving. In the science curriculum, it is recommended that the scientific and thinking skills are infused through science lessons in various stages. These stages range from introducing scientific and thinking skills explicitly, applying these skills with guidance from teachers and finally applying these skills to solve specific problems independently. The infusion of desirable values and attitudes is also emphasized in the teaching approaches. Such values include showing interest and curiosity towards the surroundings, honesty and accuracy in recording and validating data, flexibility and open-mindedness, perseverance, being systematic and confident, cooperation, responsibility for ones own and friends safety, and towards the environment, appreciation of the contributions of science and technology, thankfulness to God, appreciation and practice of a healthy and clean life style and the realization that science is one of the ways to understand the universe. Hence, to achieve the targeted objectives and aims of the stipulated education,, the Integrated Curriculum for Secondary School (ICSS) or Kurikulum Baru Sekolah Menengah (KBSM) for all subjects including science is are supposed to subscribe lifelong learning among the students, inculcate moral values across the curriculum, and promote students intellectual, spiritual, emotional and physical development. Form the interview that I carried out on an expert in science education, she views KBSM as; I think the philosophy of the Kurikulum Bersepadu Sekolah Menengah (KBSM) science is good. To ensure a scientist that is not only good in the field but also knows the limit of science in understanding the phenomena and knowing science to know God as well. Also the science curriculum is to educate science for all and not specifically to train students to be scientists. (personal communication) 5.3 Content Science education in Malaysia offers wide range of topics arranged in accordance to its theme. The topics are arranged thematically to help students conceptualize and understand how concepts are related to one another. However, lack of effort or perhaps in some cases, failure, among teachers to relate previous chapter from the next caused students to perceive knowledge as detached instead of connected and complete. For example, when students are in form one, they will learn about Matter which covers the details on solid, liquid and gas. When the students move one form higher the following year, two of the chapters on Water and Solution and Air Pressure taught in form two are built on the previous topic on Matter. Later at the upper secondary level, the students will learn about matter in two separate subjects, namely chemistry and physics. The difference is that at upper secondary level, the topics are covered in more depth in comparison to what was leant at the lower secondary level. For chemistry, topic related to Matter focuses more forces that exist between particles while in Physics, learning and discussions are geared towards energy and its influence on matter. In forms one to three, students do general science where certain aspects of biological, physical and chemical sciences are integrated into a subject. The general science subject that students learn, in other words, serves as foundation to prepare them for more advanced science specific subjects such as biology, chemistry, physics and additional science at upper secondary level. In the Malaysian science curriculum, each science subject has its own objectives and focus. The focus of science subjects at primary to secondary levels of schooling change as students ability changed in accordance to their increasing age. However, moving from one stage to another, the focus of the curriculum still intended to achieve the aims and target of the national curriculum. The curriculum in primary school is less critical and serves more as basic or foundation for the students. As students move from primary school to upper secondary school, the designed curriculum undergoes gradual transformation and changes on its level of difficulty whereby the curriculum in secondary schooling is more critical and wider. The science curriculum in secondary schooling is supposed to nurture and reinforces what was learnt at the primary level. At the secondary level, particular emphasis is given to the acquisition of scientific knowledge, and mastery of scientific and thinking skills. The em phasis was given throughout the syllabus designed and the teaching and learning process. At the end of the day, the curriculum that the students had went through, whether in primary or secondary will make them to be all-rounded, balanced, knowledgeable and possess high morality. Therefore, as means of ensuring the development of holistic and ethically upright citizens or possess high morality those who would develop yet manage and preserve the environment the science (and other curriculum for that matter) curriculum has been infused with moral values as indicated by Director of Curriculum Development Center herself; The Science curriculum has been designed not only to provide opportunities for students to acquire science knowledge and skills, develop thinking skills and thinking strategies, and to apply this knowledge and skills in everyday life, but also to inculcate in them noble values and the spirit of patriotism. It is hoped that the educational process en route to achieving these aims would produce well-balanced citizens capable of contributing to the harmony and prosperity of the nation and its people. Dr.Sharifah Maimunah Syed Zain Even though the content of Malaysian science curriculum seemed exceptional on paper, it has, nonetheless, been criticized by students and teachers alike. In fact, there were also experts in education who indicated that the content of Malaysian science curriculum is too ambitious and burdening teachers and students. Some of the interview responses on the content and implementation of Malaysian science curriculum are as follows: It is burden in the sense that the content is still abstract and conceptual in nature, less relevance to the need of their daily life. The content is still subject based rather than societal based. Expert However, sometimes the contents are too much. Not all the experiments or topic that teachers are able to do or show to the class. Teacher ..the syllabus is quite a lot and the teacher must finish it because it will be asked in examinationà ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦ Teacher .I reckoned Malaysian science syllabus as a mile wide, an inch deep. There is too much too cover, and yet all those topics are being covered at only at a superficial level. There are many repercussions due to thatà ¢Ã¢â€š ¬Ã‚ ¦. Teacher ..I observed teacher making extra effort on teaching important topics in class using up extra period of time, and it ended up with no time left to teach the last topic. Teacher The content of Malaysian science curriculum to some extend failed to address the importance for the students to learn the content and how the content relates to their life. With the feature of Malaysian science curriculum which content-laden, this directly affect on how the curriculum is implemented in school by the teachers. Implementation In order to discuss on the implementation of Malaysian science curriculum effectively, I have divided this section into three subheadings, namely; teaching strategy, textbook and overall conclusion on the curriculum implementation. Teaching Strategy Based on the documents provided by Curriculum Development Centre (CDC) on Malaysian science curriculum, there are various effective methods suggested for science teacher in Malaysia to teach the subject. Among the recommended teaching practices in science classrooms are; constructivist, mastery learning, science process skills, thinking skills and metacognition, student-centered learning and the integration of information and communication technology. However, it can be observed the most common method used by teacher is the traditional teaching or direct teaching which is basically known as chalk and talk method. When teaching science, teachers in Malaysia usually use textbook as their main source of references together with other materials provided by the Ministry of Education (MOE). This is supported by interviews conducted on the students; ..most of them (teacher) using traditional method, chalk and blackboard and cd-rom provided by government and experimental as stated in the text books, absolutely they are using 100% text book .to save time, teachers prefer to use chalk and talk only.. teach something based on textbook. No other source. All teachers are aware that they are responsible for covering all topics in the syllabus. However due to time constraint, it is commonly observed and reported that science teachers in Malaysia tend to cover parts of the syllabus with high probability of appearing in examination only. Since other methods like inquiry learning and constructivism usually consumes much time and energy to carry out, the easier way out is to use the didactic approach that captures the majoritys attention. With that approach, more often than not, many students will ask questions, Hence teachers can pace lessons to quickly cover all topics within the syllabus. Effendi and Zanaton (2006) highlighted the two pedagogical limitations that have been identified as major shortcomings in traditional secondary education: lecture-based and teacher centered instruction. These two types of pedagogical approach actually do not support most of the aims and the outcomes intended by the curriculum. The direct teaching method tends to encourage low-cognitive, surface level learning outcomes such as to define, to list and to state. This is in contrast to the intention of the curriculum which expected students be taught to be creative, critical thinkers and proactive problem solvers who not only master the science process skills but also adapt scientific thinking and attitudes in their daily lives. The mismatch between intended curriculum and the way teaching is carried out in class have been reported by many, including in research conducted by Nor Aishah, et al.(2007) whom proposed inculcation of entrepreneurial skills in science as a method to make the cur riculum moving away from being exam-oriented. A student whom I interviewed also claimed: According to my experience, teacher just tries to make science as something static, no expanding, so they actually promote science is just like a history. Just memorizing the fact without knowing the truth behind the sceneà ¢Ã¢â€š ¬Ã‚ ¦. Amongst the recommended approaches in science teaching, I observed that many teachers are integrating technology in their lessons. However, the integration of technology into teaching only applies to schools which are equipped with the required facilities such as computer, LCD and transparency projector. Most teachers who are not familiar with technology prefer to use transparencies to teach since they are easier to use and can save time. For those teachers who are competent in technology, using power point is their best option. However, integrating technology in the teaching of science has its disadvantages. There were teachers who took advantage by playing the CD provided by MOE throughout the lesson instead of using the CD to support teaching and learning in class. There is also small number of teachers who do not get students to carry out experiments; instead they just demonstrate science experiments to students. On the other hand, there were also those who got students to carry out experiments following procedures stated in textbooks, and make conclusions for the students without much deliberation and discussions. Neither do the students given room to discover science for themselves. These classroom realities are so against the whole notion of science which supposes to be an empirical subject that encourages students to explore and inquire in order to gain knowledge and make conclusions. The way science lessons are carried out in class has seriously affected the students interest in science and their ability to engage in scientific inquiry. Report of Public awareness of Science and Technology Malaysia (2004) throughout the survey conducted revealed that about 43% of Malaysians think that science subjects are difficult and 32% of them think that the approaches that use to teach science and technology are too academic in sense of emphasis only be given on the delivery of the content. However, Kamisah and Lilia (n.d) discovered that Malaysians students have high attitudes in learning science and the attitudes are so much influenced by the students level of educational experiences. Therefore recommended by the Public Awareness Report of Science and Technology Malaysia (2004), Malaysian science teachers should also emphasize on fostering for science among the students. The recommendation also supported by Kamisah and Lilia (n.d) whereby they suggested that teachers should reflect on their content knowledge so that teachers could bring changes in students attitudes in learning science. In relation to enhancing students attitude and interest in learning science, supposedly more practical works should be conducted by students in learning science. However, based on the interviews conducted, it is observed that practical work is often conducted in groups rather than individually or in pairs. Such practices limit active work to two to three students while the other members tend to be passive observers. In some cases, this occurs due to the large number of students in a class (especially in urban schools) and limited apparatus and equipments. These are the factors that prohibit practical work to be conducted in small group or as individual work. Worse than that, there are teachers who did not conduct experiments with their students at all and only learn the theories in science. The following opinions supported the situation described earlier; teacher always refuses to conduct experiments, even when students ask for it Student not all the experiments or topic that teachers are able to do or show to the class Teacher 5.4.2 Textbook Textbook for science subjects are provided to all students in Malaysia. As earlier highlighted, the specified textbook is the main source of reference for local science teaching. In past ten years, science textbook in Malaysia underwent many reformations in order to make it up-to-date with the existing educational and situational needs. At present, the school textbooks are generally more interactive and comprehensive; they are not as thick as the textbooks previously used, with more pictures and diagrams. There is also a CD accompanying the text as means of integrating content with technology. The CD consists of exercises and short notes for students as well as internet links for students to look for extra sources and reading materials; as well as to search for applications of the topic learnt. Even though there were improvements made by the government on the textbook, the improvements somehow did not so much significant changed to Malaysian science classroom. This wide area of content covered by the syllabus make the science textbooks in Malaysia as a source of reference which covers superficial information. Although provided in the textbook internet link for additional information of the topics, it is not fully utilized neither by teachers nor students. This is happened mostly due to the problems such as time constraint, existence of digital gap between schools, the lack of facilities and other reasons. In term of applications of a topic in textbook, its often to be placed at the end of each topic. Mostly only small part provided for application such it usually covers quarter of a page. Even worst, this part always neglect by teachers since it will not appear in examination. All in all, my analysis of the overall implementation of the Malaysian science curriculum revealed numerous issues that both teachers and students encounter, ranging from the teaching approach used in classroom, the need to cover the required syllabus, students perceptions and attitudes towards science, and related issues pertaining to textbook. What could probably be concluded here is that while the documented curriculum appear to be well planned, covering all topics deemed crucial to prepare students prior to entry to tertiary institutions, the execution of lessons somehow do not take place as it should be as highlighted by Curriculum Development Centre, a local expert in science education: Implementation of the science curriculum is always a problem. The visions of the curriculum developers are not fully shared by the teachers who are the implementers. The intended implementation is also restricted by the assessment that is employed currentlyà ¢Ã¢â€š ¬Ã‚ ¦. Assessment Assessment of student learning in Malaysia has, for the past decades and perhaps will continue to be, exam-oriented. This is evident as the most important aspects/criteria people look for when applying for entry into boarding schools, for scholarships, and entry into universities are the number of As students obtained in examinations. In fact, the main method to assess what school students learn and know is via written and/or oral examination. Nonetheless, the problems with examination-dependent assessment have been pointed out by the following parties: it is just for examination, just forget it only excellent people will be produce but they are not able to survive in real world. Knowledge just for sake of exam and later will be forgotten. our curriculum in Malaysia is not too good because only stressed on the examination But, the beauty of the curriculum did not appear because the application or the integration of the curriculum is not effective. Since in Malaysia, the system of education is too exam oriented. revamp the current exam based oriented teaching in schools. Students should be taught how to think, especially when it involves science theories. In Malaysia, examination can be classified into two types which are the national level and internal examination (examination carried out by school). There are two main examinations carried out at secondary level. There are Penilaian Menengah Rendah (PMR) which conducted for form three students and Sijil Pelajaran Malaysia (SPM) for form five students. Both examinations offer science subject. However in SPM, there are more science subjects being offered as compared to PMR which offer only one science subject. The major science subjects sat by students in their SPM are biology, physics and chemistry. Often students who scored excellent result in science subjects will have greater probability of being offered critical courses in higher education such as medical and engineering courses. Internal examinations are examinations carried out in schools. It is compulsory for school administra

PLAYS †Work in Pairs&give a brief description Essay

In pairs, simulate two role plays demonstrating your communication skills in a health and social care context. The role plays should demonstrate the application of two communication theories (the theory could be from a humanistic, behaviourist, cognitive or psychoanalytical perspectives)in relation to the health and social care sector. You are free to choose the context and the content of communication for your role plays. Let’s break it down: ïÆ' ¼Write a brief explanation of how the two theories have been applied in your role plays. (Pass) ïÆ' ¼Explain, using appropriate arguments and examples, why you have chosen a particular communication theory for a particular role play. (Merit) ïÆ' ¼Design a feedback sheet to collect the feedback from your class mates/peers (students)regarding your role plays. -Collect the feedback after the role plays. – Write an evaluation of how well each theory is suited for the context of the communication based on the feedback from your peers and your research. (Distinction) 1.1.2 (P1b) 1.1.2 In pairs, simulate two role plays demonstrating communication in a health and social care context. The role plays should demonstrate the â€Å"application† of two different communication techniques. You are free to choose the context and the content of communication for your role plays. Let’s break it down again: ïÆ' ¼Write a brief explanation of how the two techniques have been applied in your role plays. (Pass) ïÆ' ¼Explain, using appropriate arguments and examples, why you have chosen a particular communication technique for a particular role play. (Merit) ïÆ' ¼Design a feedback sheet to collect the feedback from other students on your role plays. Collect the feedback after the role plays. Write an evaluation of how well each communication technique is suited for the context of the communication based on the feedback from your peers and your research. (Distinction) 1.2.2 Write a Memo to all the staff in your department of Health and Social Care informing them of an important policy change. Your memo should be correctly structured and professionally presented. 1.3(P1a,b) Simulate two role plays which use different techniques/strategies to support communication between people with ‘specific’ communication needs. ïÆ' ¼Briefly explain how the techniques were used in your role play. (Pass) ïÆ' ¼Explain how the techniques/strategies you have applied facilitated communication between people with specific communication needs. (Merit) ïÆ' ¼Design a feedback sheet to collect the feedback from other students on your role plays. Collect the feedback after the role plays. Write an evaluation of how well each communication technique/strategy facilitated communication between people with specific communication needs based on the feedback from your peers and your research. (Distinction) What to submit for part one: -Transcripts of your role-plays -Written explanation of the techniques/theories/strategies used -Indicate who you worked with and how you have divided the work -A list of sources used in Harvard Referencing format -Your Evaluation of peer feedback / Feedback collected from peers (Distinction) -(All feedbacks need to be placed into your Appendix – to achieve a Distinction only) -A Memo †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦.. PART 2: WRITTEN REPORT (s) Task A (L02) – Brief Description (about 100 words) 2.1 (P1b) Select three different communication techniques used for different purposes in health and social care work. Review the application of these communication techniques for different purposes in health and social care work. Provide examples. Justify your conclusions and arguments. 2.2. (P1c) Discuss the ways in which communication influences how individuals feel about themselves. [Here you could use humanistic theory] 2.3. (P1d) Describe, using examples, ways of dealing with ‘inappropriate’ interpersonal communication between individuals in health and social care work. [Here you could use behavioural theory] 2.3 (P1f) Briefly describe and evaluate workplace strategies, policies and procedures for good practice in communication in health and social care. Tell me which strategies, policies and/or procedures are, in your opinion, best suited to facilitate and enhance communication in health and social care sectors? You would need to justify how you came to your conclusion (Merit to Distinction). Task B LO2: Brief Description (up to 100 words) Describe physical, emotional,cultural and legal influences regarding communication in health and social care. [Here you need to relate to equal opportunities – as explained to you in class] 2.1 (P2a) Analyse, using examples, how methods of communication are influenced by individual values, culture and ability in health and social care. 2.2 (P2a/b) Briefly describe legislation and charters governing the rights of individuals to communicate in health and social care. 2.3. (P2b/c) Discuss, providing examples, how the legislation and codes of practice relating to records and communication of information about people impact on health and social care. 2.4. (P2c/d) Based on the organisation of you have chosen, analyse the effectiveness of organisational systems and policies in relation to good practice in communication. Suggest and justify ways of improving communication systems in a health or care setting. What to submit for part two: As explained to you in class + examples of previous assignments for your perusal -A written report of 2500 – 3000 words -Evidence of research for the report in the Appendix, e.g. examples of policy, relevant legislation, research into IT, feedback†¦ etc -A list of sources used in Harvard Referencing format. Bibliography – [Please do not use Wikipedia for the references]. -1 page (A4) self-evaluation of involvement and work throughout the given assignment (make it personal with your own views and ideas) †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦. PART 3: Use of IT in Health and Social Care setting/organisation LO3: Brief Description (about 100 words) 3.1.1. Explain, using examples, how the use of IT (ICT) in health and social care benefits the individual – service users/patient/clients. 3.1.2. Critically evaluate how the IT supports and enhances the activities of care workers and care organisations/agencies. Provide examples. Justify conclusions reached. 3.1.2. Briefly describe health and safety legal considerations in the use of IT in health and social care. Here, you would need to demonstrate your ability to access and use standard IT software, used routinely, to support work in health and social care. This task will be assessed by ‘observation’ of your work during tutorial sessions. *You will be observed during the ICT lesson/tutorial What to submit for part three: †¢A summary of specific ways of communication by producing an ‘ICT Design’ of your research . Presentation requirement: †¢Font (Arial or Times New Roman) †¢Font size of 12 †¢Good margins (2 cm to the left and 2cm to the right) †¢Line spacing 1.5 †¢Separate paragraphs by adding a space between them. †¢Insert page numbers in the footer – at the right hand side of each page (every page must a number – in numerical order) †¢Start a new task on a new page †¢The module name, module code and assignment number must appear in the front of your assignment and in the Header of every page †¢Your name should appear at the top (header) of every page †¢Print on one side of the page only †¢Follow all explanations and guidance as taught in class †¢Finally, compile your work together in a presentable manner prior to submission. †¢Do not miss the dead line Reassurance: Since this is your first assignment at LCUCK for most of you; I have set it in a very simple way with many pointers so that you could achieve a good grade. Please plan your work (time management) to complete this assignment by the deadline. Good Luck! Sheila Gooljar Assessment Criteria for a ‘Pass’ To achieve each outcome the learner will demonstrate the ability to: P1. Be able to explore how communication skills are used in health and social care Explanation: Explore communication between people in health and social care a.apply relevant theories of communication to health and social care contexts b.review the application of a range of communication techniques for different purposes used in health and social care work c.discuss the ways in which communication influences how individuals feel about themselves d.describe ways of dealing with inappropriate interpersonal communication between individuals e.analyse the use of techniques and strategies for supporting communication between people with specific communication needs f.evaluate workplace strategies, policies and procedures for good practice in communication P2. Understand how various factors influence the communication process in health and social Explanation: Describe physical, cultural and legal influences on communication in health and social care a.analyse how methods of communication are influenced by individual values, culture and ability b.describe legislation and charters governing the rights of individuals to communicate c.discuss the implications in health and social care contexts of legislation and codes of practice relating to records and communication of information about people d.analyse the effectiveness of organisational systems and policies in relation to good practice in communication e.suggest and justify ways of improving communication systems in a health or care setting f.demonstrate ability to communicate appropriately using a range of techniques P3. Be able to explore the use of information and communication technology (ICT) in health and social careExplore the use of information technology in communications in health and social care a.demonstrate ability to access and use standard IT software, used routinely, to support work in health and social care b.analyse how the use of IT in health and social care benefits service users c.critically evaluate how the IT supports and enhances the activities of care workers and care organisations/agencies d.analyse health and safety legal considerations in the use of IT Assessment Criteria for a ‘Merit’ (include Pass criteria+): M1 Identify and apply strategies to find appropriate solutions: -Students provided evidence of research from various sources (the internet and books) for the written report in a well-organised and neatly presented Appendix -Students correctly referenced and acknowledged sources used in the report M2 Select/design and apply appropriate methods/techniques: -Students explained how the techniques/strategies in the role plays facilitated communication in different contexts -Students supported the report with a range of relevant examples from the context of health and social care M3 Present and communicate appropriate findings: -Students used the language at the correct level; technical language was used accurately, spelling and grammar checked used. -Students presented the report which reads fluently and has correctly structured and professionally presented. -Students provided a bibliography of sources used in Harvard referencing format Assessment Criteria for a ‘Distinction’ (include

Nike Research Paper - 1194 Words

N A Report on the Product/Services/Promotional Strategies Offered by Nike Nike is a worldwide manufacturer of apparel and accessories that is listed on the New York Stock Exchange under the symbol, NKE. Founded in 1964 by Phil Knight and Bill Bowerman as Blue Ribbon Sports only to later become Nike in 1978, Nike is currently headquartered in Beaverton, Oregon. With total revenues exceeding $19Bn, Nike is currently the world leader in sports apparel and accessories and has a strong presence in almost every part of the globe. Initially founded as a running shoe company, geared specifically for runners, Nike grew and expanded to the point that they offer both footwear, clothing, and related accessories for every sport on the planet.†¦show more content†¦Most of the food truck concepts that have been in existence, along with the new gourmet food trucks that are becoming ever present, serve some sort of meal variant that requires there to be running water, hot stoves, and refrigeration due to the nature of preparing the food on the spot to create the freshest taste. Both preparing and cooking on the spot is problematic at best and not only subject to a variety of limitations based on the vehicle and the equipment in it, such as spoilage, but there a regulatory limitations too based on local municipalities. Local health departments, especially, have stringent guidelines and codifications based specifically for mobile food vendors on both the preparation and storage of food based products. Hence my desire to both own and operate a cupcake food truck. First of all, who doesnt love a good cupcake? And despite my ability to bake a cupcake worth dying for, I dont have people knocking down my door in the process. Therefore, by having a cupcake mobile, I am both able to bake and deliver this product to my consumer at their convenience, not mine. Plus, due to the fact that most of the baking a preparation can be done in the comfort of my house, I am able to circumvent a lot of the systematic problems that plague mobile food vendors. My cupcake mobile wont require running water or hot stoves or any of the cumbersome and expensive equipment that a vendor that produces something like gourmet hamburgers would need. 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Marriage Divorce - Free Essay Example

Sample details Pages: 19 Words: 5662 Downloads: 6 Date added: 2017/09/21 Category Advertising Essay Type Argumentative essay Tags: India Essay Did you like this example? BUSINESS LAW PROJECT TOPIC: MARRIAGE AND DIVORCE Prepared BY: Sanjana shah(107) Sadhvi jaggi(111) Siddharth bagri(115) Souren bhulchandani(116) Simone contractor(117) Introduction In India there are different divorce laws for different religions and it is absolutely imperative to understand that all these religions have their own divorce laws in India which are used amongs themselves with separate laws for inter-cast or inter-religion marriages. The list of various divorce laws in India for various religions: 1. Hindu (including Sikhs, Jains and Buddists) : Hindu Marriage Act, 1955 2. Muslims : Dissolution of Muslim Marriages Act, 1939 . Christians : Indian Divorce Act, 1869 4. Parsis : The Parsi Marriage and Divorce Act, 1936 5. Inter-Cast of Inter-Religion : Special Marriage Act, 1954 Grounds for Divorce in India: In India divorce is granted mainly on 4 different grounds. (You can see the grounds for divorce for Muslims here (section number 2): 1. Adultery 2. Desertion 3. C ruelty 4. Impotency 5. Chronic Diseases In India today, the divorce rate is significantly low in despite of existence of radical disparity between spouses, either of the two was expected to compromise with the other so that their marital bonding survives. However, the rate of divorce is rapidly rising in the Indian metropolis. Divorce in India is a long legal procedure, whose period of prosecution takes at least six months. The divorce procedure varies from the marriage acts of one personal law to another. While contesting for or mutually agreeing with the divorce, persons may seek assistance from the site regarding several divorce related affairs like alimony, child support and grounds for divorce. For NRI divorce seekers, this website will be quite useful while gaining information regarding the laws concerning the NRI divorce procedures. To get to know about hiring lawyers to dealing with divorce, explore the entire indidivorce. com in order to understand the dynamics of div orce in India. Sanjana Shah (107) India being a cosmopolitan country tolerates personal laws of its citizen. As a result each citizen of India is entitled to have his own personal laws inter alia in the matter of marriage and divorce. WHAT IS MARRIAGE? In order to define marriage, you need to look at not only the historical period, but also on the geographical location and the cultural traditions of the individuals involved in the marriage relationship. A general definition of marriage is that it is a social contract between two individuals that unites their lives legally, economically and emotionally. A marriage, by definition, bestows rights and obligations on the married parties, and sometimes on relatives as well, being the sole mechanism for the creation of affinal ties (in-laws). These may include: †¢ Giving a husband/wife or his/her family control over a spouse’s sexual services, labor, and property. †¢ Giving a husband/wife responsibility for a spouseâ₠¬â„¢s debts. †¢ Giving a husband/wife visitation rights when his/her spouse is incarcerated or hospitalized. Giving a husband/wife control over his/her spouse’s affairs when the spouse is incapacitated. †¢ Establishing the second legal guardian of a parent’s child. †¢ Establishing a joint fund of property for the benefit of children. †¢ Establishing a relationship between the families of the spouses. WHAT IS DIVORCE? Divorce (or the dissolution of marriage) is the final termination of a marital union, cancelling the legal duties and responsibilities of marriage and dissolving the bonds of matrimony between the parties. In most countries divorce requires the sanction of a court or other authority in a legal process. Divorce under the Hindu Marriage Act 1955 can be obtained on the grounds of Adultery, Cruelty, Desertion for two years, Conversion in religion, Unsound mind, Suffering from venereal disease and/or Leprosy has renounced the world not he ard for 7 years no resumption of co-habitation for one year after the decree of judicial separation, no restitution of conjugal rights for one year after decree for restitution of conjugal rights, Husband guilty of rape, sodomy or bestiality and if after an order of maintenance is passed under the Hindu Maintenance and Adoptions Act or the Criminal Procedure Code there has been no cohabitation for one year. MARRIAGE Hindus are governed by Hindu Marriage Act, 1955 which provides for the conditions of a Hindu Marriage where under the bridegroom should be of 21 years and bride of 18 years, they both should be Hindus and should not be within the degree of prohibited relationship neither party should have a spouse living nor any party should be subject to recurrent attacks of insanity or epilepsy, either of them should not be suffering from mental disorders or should not be unfit for marriage and procreation of children and both should be of sound mind and capable of giving valuable c onsent. Muslims are governed by their personal laws under which Nikah (i. e. marriage) is a contract and may be permanent or temporary and permits a man 4 wives if he treats all of them equally. To have a valid Nikah under the Muslim Law, presence of a Qazi (Priest) is not necessary. Merely a proposal in the presence and hearing of two sane males or one sane male and two sane female adults, all Muslims and acceptance of the said proposals at the same time constitute a valid Nikah under the Muslim Personal Law. For Parsees there is a Parsee Marriage Divorce Act, 1939 which governs the provisions of their marriage and law For Indian Christian there is a Indian Christian Marriage Act 1889. Persons of any religion who get married under the Special Marriage Act, 1954 are governed by the said act. There are certain penal provisions also in the Criminal Procedure Code providing for the maintenance of the wife and punishment for bigamy. DIVORCE India has different divorce laws for di fferent religions. Almost all the religions has their own divorce laws in India which are used among themselves. There are separate laws for inter-cast or inter-religion marriages. Divorce laws in India for Hindus is described in Hindu Marriage Act, 1955. Hindu Marriage Act is also used for Sikhs, Buddhists and Jains as they dont have their own separate marriage and divorce laws. Here is the list of various divorce laws in India for various religions: †¢ Hindu (including Sikhs, Jains and Buddists) : Hindu Marriage Act, 1955 †¢ Muslims : Dissolution of Muslim Marriages Act, 1939 †¢ Christians : Indian Divorce Act, 1869 †¢ Parsis : The Parsi Marriage and Divorce Act, 1936 Inter-Cast of Inter-Religion : Special Marriage Act, 1954 Grounds For Divorce In India In India divorce is granted mainly on 4 different grounds. 1. Desertion 2. Cruelty 3. Chronic Diseases THE HINDU MARRIAGE ACT, 1955 The Hindu Marriage Act, which came into power on18 May 1955, governs all the Hindu marriages. The Act has reformed the Hindu law of marriage and covers entire India except the state of Jammu Kashmir. Applicability Only if both the parties are Hindus can the marriage takes place under the Hindu marriage Act. The Act applies to: †¢ Any person who is Hindu, Buddhist, Jain or Sikh by religion. Any person who is born to Hindu parents. †¢ Any person who is not a Muslim, Christian, Parsi or Jew, and who is not governed by any other law. The Act does not apply: †¢ To persons who are Muslims, Christians, Parsis or Jews by religion. †¢ To members of the scheduled tribes coming within the meaning of clause (25) of Article 366 of the Constitution of India unless the Central Government by notice otherwise directs. A marriage to be valid has to fulfill the following conditions: 1. Neither party should have a spouse living at the time of marriage. The spouse does not include a divorced husband/ wife. . At the time of marriage, the parties should be ca pable of giving a valid consent to the marriage. A person who is of a sound mind shall be considered to be a person capable to give a valid consent. Neither party, though capable of giving a valid consent should be suffering from mental disorder of such a kind or to such an extent as to be unfit for marriage and procreation of children. Neither party should be suffering from recurrent attacks of insanity or epilepsy. 3. The bridegroom should have attained the age of 21 years and the bride should have attained the age of 18 years at the time of marriage. . The parties should not be within the degrees of prohibited relationships, unless the customs or usage, permits such a marriage. Two persons are said to be within the degrees of prohibited relationships: 1. If one is a lineal ascendant of the other. For example a Daughter cannot marry her father and grandfather. Similarly, a mother cannot marry her son or grandson. 2. If one was the wife or husband of a lineal ascendant or descendan t of the other. For example, a son cannot marry his stepmother. Similarly, a person cannot marry his Daughter-in -Law or son -in-law. 3. If one was the wife of the brother or of the fathers or mothers brother or the grandfathers or grandmothers brother of the other. 4. If the two are brother and sister; uncle and niece; Aunt and Nephew or children of brother and sister of two brothers or two sisters. It must have been noticed in some communities the marriage with the wife of the brother and mothers brother and the first cousins are solemnized, those marriages; in the absence of a custom in the community are not valid marriages. 5. A person cannot marry upto his second cousin from the mothers side and upto his fourth cousin from the side of the father. It is also necessary the parties should not be apindas of each other from either side. In case, either party has a spouse living at the time of marriage, within the degree of prohibited relationship and are apindas of each other, the marriage between the parties shall be null and void. Essential Ceremonies A Hindu marriage can take place according to the customary rites and ceremonies. The ceremony of saptapadi and kanyadana are important ceremonies prevalent among vast majority of Hindus and the ceremony of saptapadi before the sacred fire has been held essential for a valid Hindu Marriage. Registration The marriages solemnized may be registered under the Special Marriage Act with office of the registrar, in the Hindu Marriage Register. Registration is not compulsory and in no way affects the validity of the marriage. It is entirely upto the parties to have the marriage registered. No marriage can be registered unless the following conditions are fulfilled: †¢ A ceremony of marriage has been performed between the parties and they have been living together as husband and wife. Neither party has at the time of registration more than one spouse living. †¢ Neither party is an idiot or lunatic at t he time of registration. †¢ The parties have completed the age of twenty one years at the time of registration †¢ The parties are not within the degrees of prohibited relationship †¢ The parties have been residing within the district of the Marriage Officer for a period of not less than thirty days immediately preceding the date on which the application is made to him for registration. On receiving the application signed by both the parties the Marriage Officer shall give public notice and after allowing 30 days for objections and on being satisfied that all the conditions are fulfilled he shall enter a certificate in the marriage certificate book, which shall be signed by the parties and three witnesses. Voidable Marriages Voidable marriages are those which are void at the option of the aggrieved party. Such marriages can be annulled by a decree of nullity on any of the following grounds: †¢ That her husband exchanged professing Christianity and gone through a form of marriage with another woman, †¢ That the marriage has not been consummated owing to the impotence of the Respondent. †¢ That the marriage is been performed with a person of unsound mind or having a mental disorder or suffering from recurrent attacks of epilepsy †¢ That the consent of the Petitioner or its Guardian was obtained by force or by fraud as to the nature of the ceremony or as to any material fact or circumstances concerning the Respondent. To succeed on this ground, it is necessary that the Petition must be presented in the Court within one year after the force has ceased to operate or the fraud has been discovered. It is also necessary that after the force has ceased or fraud discovered, the Petitioner has not, with consent, lived with the other side. †¢ That the Respondent was at the time of marriage pregnant by some person other than the Petitioner. Divorce Divorce under the Hindu Marriage Act 1955 can be obtained on the grounds of Adult ery, Cruelty, Desertion for two years, Conversion in religion, Unsound mind, Suffering from venereal disease and/or Leprosy has renounced the world not heard for 7 years no resumption of co-habitation for one year after the decree of judicial separation, no restitution of conjugal rights for one year after decree for restitution of conjugal rights, Husband guilty of rape, sodomy or bestiality and if after an order of maintenance is passed under the Hindu Maintenance and Adoptions Act or the Criminal Procedure Code there has been no cohabitation for one year. It does permit one spouse to separate if he/she is unhappy, despite the fact that marriage is held to be divine, if he/she can prove or identify the circumstances that have made the union untenable. Newly married couples cannot file a petition for divorce within one year of marriage. [pic] THE MUSLIM MARRIAGE ACT The Muslim marriage is governed not by the Indian Majority Act, 1875 but by Muslim law itself. According to Muslim Law, Marriage / Nikah is a contract underlying a permanent relationship based on mutual consent. Essential Features of Muslim Nikah Only if both the parties are Hindus can the marriage take place under the Hindu marriage Act. †¢ A Muslim marriage requires proposal (Ijab) from one party and acceptance (Qubul) from the other as is required for a contract. †¢ There can be no marriage without free consent and such consent should not be obtained by means of coercion, fraud or undue influence. †¢ Just as in case of contract, entered by a guardian, on attaining majority, so can a marriage contract in Muslim Law, be set aside by a minor on attaining the age of puberty. The parties to a Muslim marriage may enter into any ante-nuptial or post-nuptial agreement which is enforceable by law provided it is reasonable and not opposed to the policy of Islam. Same is the case with a contract. †¢ The terms of a marriage contract may also be altered within legal limits to suit individual cases. †¢ Although discouraged both by the holy Quran and Hadith, yet like any other contract, there is also provision for the breach of marriage contract. Requirements of Muslim Nikah The solemnization of a Muslim marriage requires adherence to certain forms and formulas. They are called the essentials of a valid marriage. If any of these requirements is not fulfilled the marriage becomes either void or irregular, as the case may be. The essentials are as follows: †¢ Proposal and Acceptance †¢ Competent Parties †¢ No legal Disability There is absolute prohibition of marriage in case or relationship of consanguinity which means the relationship of the person through his/her father or mother on the ascending side, or through his or her own on the descending side. Marriage among the persons related by affinity, i. e. , through the wife is not permitted. Marriage with foster mother and other related through such foster mother is also void. Relative Prohibitions †¢ Unlawful conjunction †¢ Marrying a fifth wife †¢ Marrying a woman undergoing iddat †¢ Marrying non-Muslim †¢ Absence of proper witnesses †¢ Woman contracting a second marriage during the subsistence of the first marriage. The following marriages are also prohibited: †¢ Marrying pregnant women †¢ Marrying own divorced wife †¢ Marrying during pilgrimage Procedure for Muslim Nikah †¢ According to Muslim Law it is absolutely necessary that a man or someone on his behalf and the woman or someone on her behalf should agree to he marriage at one meeting and the agreement should be witnessed by two adult witnesses. †¢ The words conveying proposal and acceptance must be uttered in each others presence or in the presence of their agents, who are called Vakils or Qazi. †¢ There must be reciprocity between offer and acceptance. The acceptance must not be conditional. †¢ Under the Sunni Law, the proposal and accepta nce must be made in presence of two males or one male and two female witnesses who are sane, adult and Muslim. Under Shia Law, witnesses are not necessary at the time of marriage. They are required at the time of dissolution of marriage. †¢ The parties contracting marriage must be acting under their free will and consent. †¢ The law permits a Muslim man four wives if he treats all of them equally. Since it is one of the religious practices it is claimed to be immune from any legislative enactment. Dower or Mahr Dower or mahr is an obligation imposed upon the husband at the time of the marriage as a mark of respect to the wife. It can be received by the wife by instituting an action as if it was a debt due to her. Dower can be in cash or in kind. It is divided into two parts one called prompt payable at the time of marriage before the wife can be called upon to enter into conjugal domicile and the other deferred to be discharged when the specified event occurs and on demand made by the wife. Till the dower is paid the widow has the right to retain possession of her husbands property. Divorce Muslim Marriage Act 1939 Muslim Marriage Act also has a provision for separation under the name of dissolution of Marriage act, 1939. Both the parties to the marriage contract have an opinion for divorce, but the husband’s right in this respect is much greater than that of the wife. In case of divorce a husband can leave his wife without any reasons merely by pronouncing the word Talak thrice. Like in Hindu marriage act, divorce can also take place due to mutual agreement between the husband and the wife, which is known as Mubarat. Khula is another way of ending a Muslim marriage, which is a form of divorce with the consent and at the initiative of the wife. The wife gives or agrees to give a consideration to the husband for her release from the marriage tie. In this form relieving the husband from payment of mahr to the wife may be a considerat ion. A woman married under Muslim law shall be entitled to obtain a decree for the dissolution of her marriage on any one or more of the following grounds, namely: 1. That the whereabouts of the husband have not been known for a period of four years; 2. That the husband has neglected or has failed to provide for her maintenance for a period of two years; 3. That the husband has been sentenced to imprisonment for a period of seven years or upwards; 4. That the husband has failed to perform, without reasonable cause, his marital obligations for a period of three years. 5. That the husband was impotent at the time of the marriage and continues to be so; 6. That the husband has been insane for a period of two years or is suffering from leprosy or a virulent venereal disease. 7. That she, having been given in marriage by her father or other guardian before she attained the age of fifteen years, repudiated the marriage before attaining the age of eighteen years. | | | | | | | | | | | T HE INDIAN CHRISTIAN MARRIAGE ACT, 1872 The Indian Christian Marriage Act, 1872, relates to solemnization of marriage of persons professing Christian religion. The Act provides that any marriage solemnized otherwise than in accordance with the Act shall be void. Solemnization of Christian Marriage: Under Section 5 of the Act Christian marriages can be solemnized by †¢ A person who has received episcopal ordination, †¢ Any clergyman of the Church of Scotland, †¢ Any Minister of Religion licensed under the Act, †¢ A Marriage Registrar appointed under section 7 of the Act and †¢ Any person licensed under section 9 to grant certificates of marriage. Requirements: Marriage under Christian Law is in the nature of contract and hence there should be a free and voluntary consent between the parties. When there is a minor, as defined in the Act, the consent of father or guardian is necessary. Marriage is not permissible between the parties who are within the pro hibited degrees of relationship under section 19 of the Act. There is no legal impediment for marriage between a Catholic and a Protestant. By marriage, the husband and wife become one person, i. e. , the legal existence of the women is incorporated and consolidated into that of the husband. Divorce: The law regarding divorce, judicial separation and allied matters is contained in the Indian Divorce Act, 1869. Under section 18 of the Act either spouse can seek divorce on the grounds contained in Section 19 which reads as follows:- Section 19: Grounds for Decree of Divorce: 1. That the respondent was impotent at the time of marriage and institution of the suit, 2. That the parties are within the prohibited degree of consanguinity or affinity, 3. That either party was a lunatic or idiot at the time or marriage. 4. That the former husband or wife of either party was living at the time of marriage and the said marriage was then in force. 5. Nothing shall affect the jurisdiction of the High court to make decrees of nullity of marriage on the ground that the consent of either party was obtained by force or fraud. THE PARSI MARRIAGE AND DIVORCE ACT, 1936 The Parsi Marriage and Divorce Act, 1936 governs the matrimonial relations of Parsis in India. The Act defines the word Parsi as a Parsi Zoroastrian. A Zoroastrian is a person who professes the Zoroastrian religion. It has a racial significance. Every marriage as well as divorce under this Act is required to be registered in accordance with the procedure prescribed in the Act. Requisites to Validity of Parsi Marriages No Parsi marriage shall be valid if: 1. The contracting parties are related to each other in any of the degrees of consanguinity or affinity set forth in Schedule I; or 2. Such marriage is not solemnized according to the Parsi form of ceremony called Ashirvad by a priest in the presence of two Parsi witnesses other than such priest; or 3. In the case of any Parsi (whether such Parsi has chan ged his or her religion or domicile or not) who, if a male, has not completed 21 years of age, and if a female, has not completed 18 years of age. If a party to the marriage is under that age, the consent of the guardian should be obtained. Notwithstanding that a marriage is invalid under any of the provisions of sub-section (1), any child of such marriage who would have been legitimate if the marriage had been valid, shall be legitimate. Certificate and Registry of Marriage: Every marriage contracted under this Act shall, immediately on the solemnization thereof, be certified by the officiating priest in the form contained in Schedule II. The certificate shall be signed by the said priest, the contracting parties and two witnesses present at the marriage; and the said priest shall thereupon send such certificate together with a fee of Rs 2/- paid by the husband, to the Registrar of the place at which such marriage is solemnized. The Registrar enters the certificate in a register kept for the purpose and the register is accepted as proof of the statements made therein. Punishment of Bigamy A Parsi marriage is monogamous. Every Parsi who during the lifetime of his or her wife or husband, whether a Parsi or not, contracts a marriage without having been lawfully divorced from such wife or husband, or without his or her marriage with such wife or husband having legally been declared null and void or dissolved, shall be subject to the penalties provided in sections 494 and 495 of the Indian Penal Code for the offense of marrying again during the lifetime of a husband or wife. Parsi Marriage and Divorce (Amendment) Act, 1988 By the Parsi Marriage and Divorce (Amendment) Act, 1988 (5 of 1988), scope of certain provisions of the Parsi Marriage and Divorce Act, 1936 have been enlarged so as to bring them in line with the Hindu Marriage Act, 1955. Valid Grounds for Filing for a Divorce The Parsi Marriage and Divorce Act, 1936 has laid down the following grounds for filing a valid divorce petition: †¢ Willful non-consummation or impotency of a spouse Unsound mind of a spouse, which was unknown to the other spouse before marriage †¢ Desertion by a spouse for over three years †¢ Imprisonment of a spouse for seven or more years, provided at least one year of the sentence has lapsed †¢ Involvement of a spouse in bigamy, rape or any such offense †¢ Physical or mental abuse by a spouse Additionally, a Parsi couple can mutually consent for a divorce, by providing the requisite proof of marriage. If a divorce is filed on these valid grounds, then the decree for divorce is passed by the court. The court thereupon sends a copy of the decree to the Registrar of Marriages that lies in its jurisdiction, who makes a formal record of the dissolution. The Parsi Marriage and Divorce Act, 1936: Scope of Alimony The Act recognizes the wife’s right to obtain alimony after the sanction of the divorce decree. The maximum amoun t of alimony, while a matrimonial lawsuit is pending in court, is one-fifth of the husbands net income. Once, the suit has been settled, the size of permanent maintenance is determined by the court, by taking into consideration the wife’s assets and the husband’s ability to pay. The order remains in force until the wife remains chaste or unmarried. THE SPECIAL MARRIAGE ACT, 1954 The Special Marriage Act was enacted to provide a special form of marriage for any person in India and all Indian nationals in foreign countries irrespective of the religion or faith followed by either party to the marriage. The parties may observe any ceremonies for the solemnization of their marriage but certain formalities are prescribed before the marriage officer can register the marriage. For the good of the Indian citizens abroad, the act provides for the appointment of diplomatic and consular officers as marriage officers for solemnizing and registering marriages between citizens of India in a foreign country. The Act is applicable throughout the country except the state of Jammu and Kashmir. Conditions for the Special Marriage Act are as follows: The Act states that a marriage between two persons can be legalized, if the following conditions are satisfied at the time of marriage: †¢ Neither of the two parties has a spouse living at the time of marriage. Neither of the two is incapable of giving a valid consent to the marriage due to unsoundness of mind. †¢ Neither of the party has been suffering from mental disorder of such a kind or to such an extent as to be unfit for marriages and the procreation of children. †¢ Neither party has been subject to recurrent attacks of epilepsy or insanity. †¢ At the time of marriage the groom should be of 21 years of age and the bride should be of 18 years of age. Both the parties are not within the degrees of prohibited relationship; provided that where a custom governing at least one of the parties pe rmits of a marriage between them, such marriage may be solemnized, notwithstanding that they are within the degrees of prohibited relationship, and †¢ Where the marriage is solemnized in the State of Jammu and Kashmir, both parties are citizens of India domiciled in the territories to which this Act extends. Prohibited Relationship includes: 1. Relationship by half or uterine blood as well as by full blood; 2. Illegitimate blood relationship as well as legitimate; 3. Relationship by adoption as well as by blood; And all terms of relationship in this Act shall be construed accordingly. Notice of Intended Marriage When a marriage is intended to be solemnized under this Act, the parties to the marriage shall give notice thereof in writing in the form specified in the Second Schedule to the Marriage Officer of the district in which at least one of the parties to the marriage has resided for a period of not less than 30 days immediately preceding the date on which such notice is given. Marriage Notice Book and Publication 1. The marriage Officer shall keep all notices given under Section 5 with the records of his office and shall also forthwith enter a true copy of every such notice in a book prescribed for that purpose, to be called the Marriage Notice Book, and such book shall be open for inspection at all reasonable times, without fee, by any person desirous of inspecting the same. . The Marriage Officer shall cause every such notice to be published by affixing a copy thereof to some conspicuous place in his office and before the expiration of 30 days from the date on which the notice was published any person can object to the marriage that it would contravene any of the conditions necessary for the marriage. 3. Where either of the parties to an intended marriage is not permanently residing within the local limits of the district of the Marriage Officer to whom the notice has been given under section 5, transmitted to the Marriage Officer of the di strict within whose limits such party is permanently residing, and that Marriage Officer shall thereupon cause a copy thereof to be affixed to some conspicuous place in his office. Declaration by Parties and Witnesses Before the marriage is solemnized the parties and three witnesses shall, in the presence of the Marriage Officer, sign a declaration in the form specified in the Third Schedule to this Act, and the declaration shall be countersigned by the Marriage Officer. Place and Form of Solemnization The marriage maybe solemnized at the office of the Marriage Officer, or at such place within reasonable distance, as the parties may desire, upon payment of such additional fees as may be prescribed. The marriage may be solemnized in a form, which the parties may choose to adopt. However, No marriage is complete and binding unless each party says to the other in the presence of the Marriage Officer and the three witnesses in any language understood by the parties, I_______take t hee________to be my lawful wife (or husband). Certificate of Marriage After the marriage has been solemnized the Marriage Officer shall enter a certificate in the Marriage Certificate Book and this shall be signed by the parties to the marriage and the three witnesses and this shall be conclusive evidence of the marriage. SECTIONS AND GROUNDS FOR MATRIMONIAL RELIEFS UNDER SPECIAL MARRIAGE ACT, 1954 NATAURE OF REMEDIES |NATURE OF |RELEVANT PROVISIONS UNDER THE SPECIAL | |REMEDY |MARRIAGE  ACT, 1954 |1. Restitution |Section 22 | |of  Conjugal rights |Withdrawal from the | | |Society of other spouse without reasonable | | |excuse | |2. Judicial   Separation |Section 23 | | |On all the grounds of divorce U/s 27 (1) | | |and 27 (1-A) (See the grounds under the divorce column | | |bellow) | |3. Nullity Annulment |Section 24 and 25 | | |Has a spouse living at the time of marriage. | | |Unsoundness of mind. | | |Mental disorder. | | |Insanity. | | |Male not completed the age of 21 years. Female not completed the age | | |of 18 years. | |Parties are within the degrees of prohibited relationship. | | |Non consummation of marriage. | | |Pregnant at the time of the marriage by some other person other than | | |husband. | | |Consent was obtained by coercion or | | |fraud. |4. Divorce by Mutual consent |Section | | |28 | | |Parties living separately for one year and upwards and they | | |have not been able to the together and they mutually agreed to dissolve | | |the marriage. | |5. Divorce |Section 27 | | |Adultery (S 27(1) (a) | | |Desertion for a period of 2 years (S27 (1)(b) without reasonable | | |cause | | |Undergoing a sentence of imprisonment for 7 years or more (S27 | | |(1)(c) | | |Cruelty (S27 (1)(d) | | |Unsound mind and mental disorder (S 27(1) (e) | | |Suffering from venereal disease (S 27(1) (f) | | |Suffering from leprosy (S 27(1) (g) | | |Not heard of being living for 7 years (S 27(1) | | |(h) | | |Petition by wife only | | |Husband being guilty of rape, sodomy or bestiality (S 27 (1-A) | | |(i) | | |Wife receiving maintenance when cohabitation not resumed for one | | |year or upwards (S 27(1-A) (ii) | | No resumption of cohabitation for one year or upwards after the | | |decree of judicial separations   (S 27(2) (i) | | |No restitution of conjugal rights for one year or more after the | | |decree of restitution of conjugal rights (S 27(2) | | |(ii) | Conclusion The Hindu marriage act 1955 states that a marriage is void if either one is not a Hindu, has a spouse living at the time of marriage, if either is an idiot or lunatic, not of legal age, parties are within the decree of prohibited relationship or where the bride is not a major and the guardians consent has been gained for the marriage. The Divorce act 1869 states that the marriage is unsuccessful any spouse has been guilty of incestuous adultery, or of bigamy with adultery or of rape or being of unsound mind for a period of at least two years, or change in religion or gone through a form of marriage with another woman etc All of the acts that we have mentioned above have their own specifications and requirements. Marriage and Divorce both have various acts through which the law makes sure that both are done lawfully. The purpose of these acts is to make sure that both husband and wife are married and there is no cheating done by either one. The laws for marriage and divorce are intended for the good of citizens of the country. The divorce act is meant to give relief to the petitioner from his/her marriage due to it being unsuccessful various reasons. As we can see all of these acts have been made for very good reasons and all these acts have been used to make sure marriage and divorce occur in a safe environment and for a legitimate reason. BIBLIOGRAPHY ? JURIST CHAMBERS ? Mr. K. S. Jain(Advocate, Bombay high court) ? https://mynation. net/docs/special-marriage-act/ ? https://www. surfindia. com/matrimonials/hindu-marriage-acts. html ? https://www. surfindia. com/matrimonials/christian-marriage-acts. html ? https://weddings. iloveindia. com/indian-weddings/marriage-laws-in-india. html ? https://society. indianetzone. com/weddings/1/muslim_marriage_act. htm ? https://www. sudhirlaw. com/Marriages. html ? https://www. sudhirlaw. com/INTMAR. HTM ? https://www. surfindia. com/matrimonials/muslim-marriage-acts. html Don’t waste time! Our writers will create an original "Marriage Divorce" essay for you Create order