Death Penalty as a Punishment: The Debate

Death Penalty as a Punishment: The Debate The main aim of this research project is to evaluate the efficacy of death penalty as a punishment. The researcher has tried her best to do an objective study on the topic, without any subjectivity or personal biases or prejudices. Since this is a sensitive topic and different schools of thought have different opinion about capital punishment, the researcher has tried to analyse and understand the pros and cons of such an extreme form of punishment. Jurisprudential and sociological aspects of such kind of punishment have also been looked into. Scope and Limitations The scope of this project ranges from a positive analysis of the sources available regarding the topic, to a comparison to its antecedent, and conclude with a normative analysis. The limitation that might be evident would be the limited understanding of the author as to the technical details encountered while dealing with the topic and the limited availability of sources. Due to paucity of time and sources of information, the researcher has been able to present a brief but comprehensive analysis of the topic and procedural law involved, while acknowledging the fact that a further in depth analysis would provide greater understanding, clarity and knowledge about the applicability and working of this area of law. Since the topic concerns the society as well, the sociological implications have also been highlighted. Sources of Data Primarily the researcher has relied on books available in the AMITY Law School library. The researcher has also tried to utilise the resources, articles, e-books available on the internet. Chapter I: Introduction Capital punishment is the harshest of punishments provided in the Indian Penal Code, which involves the judicial killing or taking the life of the accused as a form of punishment. The question of whether the state has the right to take the life of a person, howsoever gruesome the offence he may have committed, has always been a contested issue between moralists who feel that the death sentence is required as a deterrent measure, and the progressive who argue the judicial taking of life is nothing else but court mandated murder.  [1]   It is clear that capital punishment is awarded only in two categories of offences, namely treason and murder. However, the judges, in the offences punishable with sentence of death and alternatively with life imprisonment have to make critical choice between the two permissible punitive alternatives, viz , death sentence and imprisonment for life. When the conviction is for an offence punishable with death or, in the alternative, with imprisonment for a term of years , the judgment shall state the reasons for the sentence awarded, and, in the case of sentence of death, the special reasons for such sentence. 1.1 Constitutional validity of death penalty The constitutional validity of death penalty was considered by a Constitutional Bench of the Supreme Court in Bachan Singh v. State of Punjab  [2]  . The reference to the Constitutional Bench came about, as the Bench hearing the case noticed that there was a conflict between two rulings of the Supreme Court on the issue of the validity and scope of the provision that imposed death penalty. The two cases were the rulings in Jagmohan v. State of Uttar Pradesh  [3], which declared death penalty to be constitutionally valid, and the ruling of another three-member bench in Rajendra Prasad v State of Uttar Pradesh  [4]  , in which a majority of two judges, ruled that when the trial court comes to a conclusion that the accused is guilty of murder, then the state through the prosecutor should be called upon by the court to state whether the extreme penalty is called for ; and if the answer is in the positive, the court shall upon the prosecutor to establish , if necessary by leadin g evidence, facts for seeking the extreme penalty of law. The majority ruling went on to state the principle guiding the imposition of death sentence as follows: It is, therefore, imperative to voice the concern that courts, aided by the broad illustrative guidelines indicated by us, will discharge the onerous function with even more scrupulous care and humane concern, directed along the highroads of legislative policy outlined in section 354(3) viz, that for persons convicted of murder, life imprisonment is the rule and death sentence an exception. A real and abiding concern for the dignity of human life postulates resistance to taking a life through laws instrumentality. That ought not to be done save in the rarest of rare cases when the alternative option is unquestionably foreclosed.  [5]   Bhagwati J delivered the minority ruling, holding that s 302, in so far as it provides for death penalty as an alternative to life sentence, is unconstitutional and ultra vires, and violative of articles14 and 21 of the constitution. His opinion, however, was delivered after nearly two years.  [6]   1.2 Medias influence The influence of media coverage in brining the death penalty is especially strong. The feedback loop is especially visible at the legislative juncture, when crime control policies are made at the prosecutorial juncture, when discretion about capital charging is at work; and at the adjudicative juncture, when both judge and jury must make difficult decision about sentencing.  [7]   Mass Media has got great capability to influence any judgment that comes into scene. The infamous case of death penalty execution of Dhananjoy Chatterjees  [8]  was, perhaps, the first televised execution in the history of Indian media. Chatterjee, who was sentenced to death in 1991, for raping and murdering a schoolgirl, Hetal Parekh, was finally hanged on August 14, 2004 after the  Supreme Court denied his mercy petition. Through these past 14 years, he served a term in Alipur Jail in Kolkata. The case would have otherwise gone down in history as another Supreme Court ruling, but for the hue and cry raised by the various segments of the media and the civil society. As a result, what should have been an understated, unpublicized execution became the most talked about verdict in the judicial history of the worlds largest democracy. The arguments pitted against and in favor of the sentence were equally appalling. There were the human rights activists who strongly condemned the sentence on the grounds of mercy, claiming that since the accused had already served a life imprisonment term, executing him amounted to injustice. Supporting such groups was a section of the media, which, quite literally participated in the killing of the accused. Twenty-four hour television news channels brought alive the anguish of the accused by streaming live visuals of the accused, his movements and actions, until he was led to the gallows. Those private last moments, which an accused is entitled to, were thrown open to public scrutiny. Senior journalist Vir Singhvi wrote in the Aug. 29 issue of the Hindustan Times Daily (centrist)- Many people I know who were supporters of the death penalty suddenly began to have second thoughts as the drama unfolded on the TV channels. They felt as though they themselves were participating in killing a poor man. It was a guilt that many felt they could do without. It was horrendous to watch people deriving a sadistic pleasure and making a spectacle out of a death sentence. All this, combined with the depiction of the familys trauma, generated a wave of sympathy among the masses, hence creating a pseudo-celebrity out of Chatterjee.  [9]   In another case of execution of accused Santosh Singh in the case of Priyadarshini Matto, none of us really know if the accused is actually guilty or not, but the trial by media as already pronounced him guilty of the offence, and hence when the judgment was finally given by the court of law, all the people celebrated. Right after the incident, the media trial begins and all media entities- print or electronic- more or less have similar focus in their stories. Worse, they even pronounce their judgment, which usually goes against the accused or the suspect.   With almost a propaganda-like zeal, the story is presented to the viewers as if the accused is really the culprit. In cases where the charge is not proved in the court, there are SMS campaigns, blogging outrages, candle-lit processions, and rallies to mobilize the citizens against the injustice done by the courts and to put the pressure on the appellate court.  [10]   Therefore to put it, Law and media coexist and overlap in the modern society. People create their opinion, drop their conclusions guided by the information they get from mass media and very seldom think about the credibility of this information. In modern society, the impact of mass media is so big that it not only passes the legal norms to the population, but also has the power to influence or even change them. Receiving publicity can become a serious problem for death eligible cases as from the role of observer mass media becomes an active participant of the trial. If death penalty is appointed, the media doesnt leave any chance to the charged person and the appellate procedure is usually illuminated as an annoying delay on the way to the climax execution. These questions can raise unnecessary doubts in the minds of people and spoil dramatic effect, so diligently created. Another peculiar feature of mass medias covering the death issue is the lack of defensive evidence, if any pre sented to the wide audience. The main line of narration is usually lead from the part of prosecution they have more TV air and spaces in the magazines and newspapers. Defense doesnt have these privileges. Very seldom journalists try to show compassion to criminals. Another interesting feature is that mass media tries to avoid the direct formulations, when talking about the death itself, trying to use phrases like came to meet death, went to his final journey, etc. They are usually afraid to minimize the sufferings of the victim, by showing any humanity to putative criminal. To be just, there are rare cases, when the topic innocent person unfairly condemned is speculated, but these cases are rare and cannot be regarded as general tendency. The role of denunciator conflicts with medias role of impartial chronicles. Complicated or ambiguous cases are not so popular among the media, as they need context, complex explanations and event chains and let multi-faceted interpretations. Media becomes a transitional point, which passes emotion from the courtroom to average observer. We get a loop here trying to answer the needs of the audience, mass media tries to search for the facts, which wou ld appeal most of all to this public. At the same time, collecting such facts, media influences public opinion. The main difficulty lies in the fact, that media prefers a selective depiction of events and the selective emotional background for their coverage. Feelings of compassion, mercy and sorrow to victims arent accompanied by even the smallest effort to display compassion to the convicted person. The crime and criminal himself become the incarnation of encroachment on the social legislative norms and stability. Chapter II: Case Laws Relating To Capital Punishment Execution In India 2.1 Dhananjoy Chatterjee alias Dhana v. State of West Bengal.  [11]   The measure of punishment in a given case must depend upon the atrocity of the crime; the conduct of the criminal and the defenceless state of the victim. Justice demands that the courts should impose punishment befitting the crime so that the courts reflect public abhorrence of the crime. The courts must not only keep in view the rights of the criminal but also the rights of victim of crime and the society at large while considering imposition of appropriate punishment  [12]   2.2 Sushil Murmu v. State of Jharkhand  [13]. In this case, the S.C. was called upon to adjudge the proprietary of death sentence for sacrificing a nine year old child in the most brutal manner. The child was killed in a grotesque and revolting manner. The court declared that the case at hand falls in rarest of rare category of cases. It, therefore, upheld the death sentence awarded to the convict. 2.3 State of Maharashtra v. Ajmal Aamir Kasab. In this case quarters of media have tremendously supported the execution of Kasab and there are others who vehemently oppose the execution. The points against the execution are Capital punishment is a barbaric remnant of an uncivilized society. It is immoral in principle, and unfair and discriminatory in practice. The judgment is still pending before the H.C. 2.4 Jai Kumar v State of Madhya Pradesh  [14]   In this case the accused Jai Kumar was sentenced to death by the trial court for having killed his sister-in-law, who was pregnant, and her eight-year old daughter in the night of 7 January 1997, allegedly for the reason that he had become enraged because his sister-in-law had not given him enough food. However, his own mother tendered evidence that he had made an attempt to rape the deceased sister-in-law, and encountering resistance from her, committed the crime. The manner in which he committed the offence was gruesome. He locked his mother inside a room, and thereafter went into the room of the deceased by removing the bricks near the door, going into the room and killing her. After that he decapitated her head and hung it from a tree in a jungle nearby. He had also taken the eight-year old daughter of the deceased and killed her with an axe saying that he was offering her as a sacrifice to Mahuva Maharaj and thereafter buried her in sand, covered with stones. The Supreme Court n oted that the mitigating factors were hardly sufficient to balance out the aggravating circumstances. In the present case, the savage nature of the crime has shocked our judicial conscience. The murder was cold-blooded and brutal without any provocation. It certainly makes it a rarest of rare case in which there are no mitigating or extenuating circumstances.  [15]   2.5 Suresh Chandra Bahri v State of Bihar  [16]   In this case, the accused was alleged to have conspired with several others to kill one Suresh Bahris wife and two young children. The main grouse that Suresh Bahri had against his wife was that she was interfering in his property dealings and wanted to sell their Ranchi house so that they could migrate to America with the sale proceeds and settle there with the children. The main accused enticed her to come to Ranchi from Delhi on the pretext that a sale deed for selling the house was to be executed on 11th October, 1983, and killed her on the night of the 10 October itself. The evidence disclosed that the murder was committed in an extremely brutal, diabolical, gruesome manner. Her body was then cut into two and disposed. Similarly, the two children were taken to a farm house after telling them that they were going for a pleasure trip, and killed there. Their bodies were cut into pieces and thrown into Varuna River. Considering the fact that it was the father himself who had commit ted such gruesome murder, the Supreme Court confirmed the death sentence as the matter came into the rarest of rare categories. 2.6 Jagdish v. State of Madhya Pradesh In Jagdish v. State of Madhya Pradesh,  [17]  the apex court quoted the US Supreme Court and was of the view that, the cruelty of capital punishment lies not only in the execution itself and the pain incident thereto, but also in the dehumanizing effects of the lengthy imprisonment prior to execution and that the prospect of pending execution exacts a frightful toll during the inevitable long wait between the imposition of sentence and the actual infliction of death.  [18]   The Supreme Court quoted a few decided cases in this case as well.   In T.V.Vatheeswaran v. State of Tamil Nadu  [19]  and  Ediga Anamma v. State of Andhra Pradesh  [20]  it has been held that a delay of two years was permissible beyond which the sentence ought to be converted to life. In Bhagwan Bux Singh. v. The State of U.P.  [21]  similar observations were made with respect to a delay of two and a half years and in Sadhu Singh v. State of U.P.  [22]  to a delay of three and a half years.   2.7 Vivian Rodrick v. The State of West Bengal In Vivian Rodrick v. The State of West Bengal,  [23]  the Supreme Court said that, It seems to us that the extremely excessive delay in the disposal of the case of the appellant would by itself be sufficient for imposing a lesser sentence of imprisonment for life under Section 302. Section 302, IPC prescribes two alternate sentences, namely, death sentence or imprisonment for life, and when there has been inordinate delay in the disposal of the appeal by the High Court it seems to us that it is a relevant factor for the High Court to take into consideration for imposing the lesser sentence. In this particular case, as pointed out above, the appellant was committed to trial by the Presidency Magistrate as early as July 31, 1963, and he was convicted by the Trial Judge on September 4, 1964. It is now January 1971, and the appellant has been for more than six years under the fear of sentence of death. This must have caused him unimaginable mental agony. In our opinion, it would be inhuman to make him suffer till the Government decides the matter on a mercy petition. W e consider that this now a fit case for awarding the sentence of imprisonment for life. Accordingly, we accept the appeal, set aside the order of the High Court awarding death sentence and award a sentence of imprisonment for life. The sentences under Section 148, IPC and Section 5 of the Explosive Substances Act   Chapter III: Jurisprudential and Sociological Aspects 3.1 Jurisprudential Aspects Everyone has an inalienable human right to life, even those who commit murder; sentencing a person to death and executing them violates that right. This is very similar to the value of life argument, but approached from the perspective of human rights. The counter-argument is that a person can, by their actions, forfeit human rights, and that murderers forfeit their right to life. Another example will make this clear a person forfeits their right to life if they start a murderous attack and the only way the victim can save their own life is by killing the attacker. The medieval philosopher and theologian Thomas Aquinas made this point very clearly: Therefore if any man is dangerous to the community and is subverting it by some sin, the treatment to be commended is his execution in order to preserve the common good Therefore to kill a man who retains his natural worthiness is intrinsically evil, although it may be justifiable to kill a sinner just as it is to kill a beast, for, as Aristotle points out, an evil man is worse than a beast and more harmful.  [24]   Aquinas is saying that certain contexts change a bad act (killing) into a good act (killing to repair the violation of justice done by the person killed, and killing a person who has forfeited their natural worthiness by killing). The most common and most cogent argument against capital punishment is that sooner or later, innocent people will get killed, because of mistakes or flaws in the justice system. Witnesses, (where they are part of the process), prosecutors and jurors can all make mistakes. When this is coupled with flaws in the system it is inevitable that innocent people will be convicted of crimes. Where capital punishment is used such mistakes cannot be put right. There is ample evidence that such mistakes are possible in the USA, 116 people sentenced to death have been found innocent since 1973 and released from death row. The average time on death row before these exonerations was 9 years. Things were made worse in the USA when the Supreme Court refused to hold explicitly that the execution of a defendant in the face of significant evidence of innocence would be unconstitutional. However many US lawyers believe that in practice the court would not permit an execution in a case demonstrating persuasive evidence of actual innocence. 3.2 Sociological Aspects If we look from a sociologist perspective, it is an accepted notion that, the criminal should be punished less, but punished better. Killing him would be a very extreme form of punishment and would not serve any ends. It is neither beneficial to the society nor to the criminal. Michel Foucault, a well known sociologist, says that the criminals must be Disciplined and Punished (D and P). According to him, D and P is a study of the development of the gentler modern way of imprisoning criminals rather than torturing or killing them.  [25]  He pointed to the shift, which took place at the turn of the 18th century, from punishment as the public infliction of pain to punishment as incarceration. While recognizing the element of genuinely enlightened reform, he particularly emphasizes how such reform also becomes a vehicle of more effective control: to punish less, perhaps; but certainly to punish better.  [26]   The Supreme Court in the case of Jagdish v. State of Madhya Pradesh,  [27]  relied on a sociologists opinion. The court quoted Robert Johnson, Death row is barren and uninviting. The death row inmate must contend with a segregated environment marked by immobility, reduced stimulation, and the prospect of harassment by staff. There is also the risk that visits from loved ones will become increasingly rate, for the man who is civilly dead is often abandoned by the living. The condemned prisoners ordeal is usually a lonely one and must be met largely through his own resources. The uncertainties of his case pending appeals, unanswered bids for commutation, possible changes in the law may aggravate adjustment problems. A continuing and pressing concern is whether one will join the substantial minority who obtain a reprieve or will be counted among the to-be-dead. Uncertainty may make the dilemma of the death row inmate more complicated than simply choosing between maintaining hope or surrendering to despair. The condemned can afford neither alternative, but must nurture both a desire to life and an acceptance of imminent death . As revealed in the suffering of terminally ill patients, this is an extremely difficult task, one in which resources afforded by family or those within the institutional context may prove critical to the personss adjustment. The death row inmate must achieve equilibrium with few coping supports. In the process, he must somehow maintain his dignity and integrity. Death row is a prison within a prison, physically and socially isolated from the prison community and the outside world. Condemned prisoners life twenty-three and one-half hours alone in their cells..  [28]   Penologists and medical experts agreed that the process of carrying out a verdict of death is often as degrading and brutalizing to the human spirit as to constitute psychological torture. Relying on Coleman vs. Balkcom,  [29]  observed that the deterrent value of incarceration during that period of uncertainty may well be comparable to the consequences of the ultimate step itself and when the death penalty ceases realistically to further these purposes,..its imposition would then be the pointless and needless extinction of life with only marginal contributions to any discernible social or public purposes. A penalty with such negligible returns to the State would be patently excessive and cruel and unusual punishment violative of the Eighth Amendment. The Courts have, however, drawn a distinction whereby the accused himself has been responsible for the delay by misuse of the judicial process but the time taken by the accused in pursuing legal and constitutional remedies cannot be taken against him.   Chapter IV: Death Penalty Statutes The Terrorist and Disruptive Activities (Prevention) Act (TADA) which was first enacted in 1985 and reenacted in 1987 provides for death penalty as an alternative punishment for the commission of a terrorist act.  [30]  Despite the non-renewal of TADA by the parliament after 1995, resulting in its lapse  [31]  , a large number of trials under TADA still await completion. A death sentence recommended in the first instance by the designated court trying the case under TADA becomes final when confirmed at the next level by the Supreme Court, there being no appeal against such confirmation of sentence.  [32]   The Indian Penal Code prescribes death penalty as an alternative punishment to life imprisonment for eleven kinds of offences, the recent one being introduced by an amendment in 1993.  [33]   Section 3(2) (i) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 is another provision, which prescribes a mandatory death sentence. It states that : if an innocent member of a Scheduled Caste or of Scheduled Tribe be convicted and executed in consequence of such false or fabricated evidence, the person who gives or fabricates such evidence shall be punished with death.  [34]   The Commission of Sati (Prevention) Act, 1987 provides for death penalty among the punishments that maybe imposed on any person who abets, directly or indirectly, the commission of sati. The National Security Guards Act, 1986, and the Indo-Tibetan Border Police Act, 1992 both prescribe the death sentence as an alternative punishment for defined offences committed by members of the two armed forces. The Abortive attempts by Tamil Nadu and Andhra Pradesh to enact special laws to deal with terrorism, both providing for death penalty, are pointers to the popular belief that retribution and deterrence are desired goals of punishment. This also explains the demand by the Home Minister, in which he is stated to have the support of many state governments, that death penalty be prescribed as a punishment for rape.  [35]   The baying for blood as a shrill cry of retribution is not a new phenomena. It was not too far in the past that the Rajasthan High Court ordered the public hanging of a mother-in-law whom it found guilty of causing a dowry death.  [36]   In Mahesh v. Madhya Pradesh  [37]  , which was a case of multiple murders committed in a brutal manner, the court said : itll be a mockery of justice to permit these appellants to escape the extreme penalty of law when faced with such evidence and such cruel acts. To give the lesser punishment would be to render the justice system of this country suspect. The common man will lose faith in courts. In such cases he understands and appreciates the language of deterrence more than the reformative jargon. Chapter V: Capital Punishment, Execution Publicity Punishment is not inflicted by a rational man for the sake of the crime that has been committed; after all one cannot undo what is past, but for the sake of the future, to prevent either the same man or, by the spectacle of his punishment, someone else, from doing wrong again. Healthy debate persists as to the deterrent effect of capital punishment. Although an expansive and diverse body of research has accumulated that examines the effect of executions or execution publicity on murder rates, this research affords few definitive conclusions. On one hand, there is evidence that executions reduce murder levels. On the other hand, several studies fail to discern convincing evidence of a relationship. Still others find a positive association. These inconsistencies in the literature raise methodological issues, some of which are grounded in theoretical arguments. Perhaps the most serious concern is specifying the true nature of the causal relationship between capital punishment and murder rates. Most previous studies estimated only unidirectional relationships. The question of salience, however, is whether recursive models portray the relations among the variables of interest accurately. Another issue relates to the geographical unit of analysis best suited for evincing deterrence effects. Whereas most prior studies relied on state or national level data to assess the deterrent effect of capital punishment, a high level of aggregation may not fully capture the ecological dynamics that are hypothesized to underlie deterrence theory.  [38]   With the emergence of the media as a powerful source of information and education, its role in the dispensation of justice has also become significant. The judiciary and media have rather become partners in dispensation of justice as media enjoys the privilege to investigate crimes and to act as a catalyst in the dispensation of justice. Media and Justice are now synonymous; because the medias endeavour to unearth and focus on crime is primarily motivated by its cherished desire to project truth and seek justice. Media , truth, justice , are thus, inter-related.  [39]   5.1 Arguments FOR and AGAINST capital punishment, as presented by execution publicity. Capital punishment permanently removes around the worst criminals from society and should prove much safer for the rest of us than long term or permanent incarceration. It is self evident that dead criminals cannot commit any further crimes, either within prison or after escaping or after being released from it. Execution is a very real punishment rather than some form of rehabilitative treatment, the criminal is made to suffer in proportion to the offence. Although whether there is a place in a modern society for the old fashioned principal of lex talens (an eye for an eye), is a matter of personal opinion. Retribution is seen by many as an acceptable reason for the death penalty according to my survey results. It is hard to prove one way or the other because in most retentionist countries the number of people actually executed per year (as compared to those sentenced to death) is usually a very small proportion.   It would, however, seem that in those countries (e.g. Singapore) w hich almost always carry out death sentences, there is far less serious crime. This tends to indicate that the death penalty is a deterrent, but only where execution is a virtual certainty.   The death penalty is much more likely to be a deterrent where the crime requires planning and the potential criminal has time to think about the

India’s Soft Drinks Industry Essay

1. 1. 1 INDIA’S PHYSICAL RESOURCES India is a country rich of raw materials, resources and land. For this report, we will focus on those physical resources that are essential for the soft drinks industry – water, sugar, aluminium, power sources. With a land space of over 2. 9 million square kilometres (sq km) and a population of 1. 22 billion people, India has only 314,070 sq km of water (CIA World Fact book, 2012). Even though the Indian government has done many things do improved the situation by building water plants and water piping in the urban and rural areas, there are still about 18. 5% of the population (226 million) that lack access to clean, drinkable water (CESS INDIA, 2004) With a sophisticated water purification installed in our soft drinks plantation, A. G. Barr are able to process the unclean water into safe, drinkable water and use it for the basis of the final products. Hence, A. G. Barr will be able to offer an alternative drinking source for the citizens with our soft drinks products. Next, with a total arable territory of about 1. 2 million sq km, agriculture is the biggest industry and plays a major role in the socioeconomic growth of India (Maps of India, 2012). According to Food and Agriculture Organization of the United Nations (FAO) (2012) and the Maps of India (2012), India is the 2nd biggest world producers of sugarcane (sugar) with about 453 sugar mills located all over India. INCLUDEPICTURE â€Å"http://faostat. fao. org/DesktopModules/Faostat/Images/T20/ChartPic_3nemzw945otecriq01oo. png? 3f2841b2-add0-4841-9dc7-5707a2a011f0† * MERGEFORMATINET Table 1: Top Production – Sugar cane 2010 Source: FAO Thirdly, for aluminium, India is the fifth biggest producer in the world after Australia, Guinea, Brazil and Jamaica (Maps of India, 2012). Finally, to obtain vast economic growth and a flourishing industrial sector, the Indian government has invested and given top precedence to the power sector of the nation and as of the 21st century, India is able to generate about 90% of its own energy through (Maps of India, 2012): Thermal/Coal Power Hydro Power Renewable Resources Power Nuclear Power With most of the raw materials and resources readily available in India, the price for these materials will be relatively standard and low. Hence, this will lower the cost of production. This is a key factor in venturing into the India market as A. G. Barr require a huge amount of clean water and sugar to produce the soft drink products. 1. 2 THREATS 1. 2. 1 INFRASTRUCTURE The infrastructure in India is one of the most problematic and unreliable in the world. As stated previously, even though India is able to generate 90% of its power, due to the poor financial position of many power supply companies, the power supplies are always inconsistent and frequently being cut-off (‘India: Risk overview’, 2011). Hence, companies, offices and industrial plants need to have their own back-up power facilities to ensure no interruption to the production processes (‘India: Risk overview’, 2011). The road and railway system in India is still undependable and many traffic congestions are resulted due to the inadequacy. Pan (Asiamoney, 2010) notes that while the Indian government are investing US$1 trillion in infrastructure from 2012 to 2017, political bureaucracy and lack of good projects are hindering the developments of infrastructure. At the same time, Roy (Euromoney, 2010) reports that while Mr. Rajiv Lall, chief executive of state-run lender Infrastructure Development Finance Company believes India infrastructure has been slowly improving, the dependable relationship between the public sector and the private sectors in infrastructure will lead to corruption and thus may hinder the progression of big infrastructure projects. Therefore, any company that wish to venture into India soft drinks market will need to spend a sizeable amount on power generator and water purification facilities. This huge expenditure will put a dent on the initial capital investment and A. G. Barr need to take this into account and plan on how much of the expenditure to be transferred over to the final consumers through the products. 1. 2. 2 EDUCATION AND LABOUR According to several organizations; CIA (2012), US Department of State (2011) and WEF (2011), India’s literacy rate is only at 61%. The education level in India is low as many of the population live in poverty or the slump and unable to afford going school. Moreover, the Indian government lacks of provision of education is hindering its people to learn and receive knowledge. This result in a low skilled workforce and the unemployment rate for youth age 15 to 24 in India is high at 10. 5% (CIA World Fact Book, 2012). While a soft drink company with high technology facilities and processes requires employees with minimal skills, it is still essential for these workers have a basic understanding and motor skills to operate the high-tech, expensive machineries. Another end of the spectrum is those highly educated Indians where the information technology (IT) sector is booming. These IT personnel and engineers are viable to our company as they able to manage, supervise and suitable of the higher ranking jobs. Hence, to ensure the workers hired have the essential skills, A. G. Barr will need to frequently conduct training programs, skills development workshops and have simple instructions which are easy to follow. 2. DEMAND CONDITIONS With the relaxation of the Indian government policy on FDIs and foreign companies, the soft drinks industry had change tremendously. As the US and EU markets are highly saturated, companies are looking into the Asian markets to expand and gain more revenues. Apart from China, Japan and South Korea, India is the 4th leading Asian soft drinks market and the market is still growing and has yet to reach its saturation point. In 2010, there is a substantial demand for soft drinks as the market has grown by 10. 4% (Datamonitor, 2011). Datamonitor (2011) even predicts that by 2015, the Indian market will grow to a value of $5. 8 million. Table 2 shows the growth of India soft drink market from 2006 to 2010. Table 2: India soft drinks market volume: million liters, 2006–10(e) Datamonitor (2011) also reports that as of 2010, the soft drinks industry has generated total revenues of $3. 8 billion and with 50% of the total revenues, carbonates sale is the most profitable category. Table 3: India soft drinks market segmentation: % share, by value, 2010(e) It is essential to note that currently there is a growing trend of â€Å"vitamin water† or â€Å"nutrient water† in the world as many people are becoming more health conscious. The Times (London) (2012) reports that even India is not spared from the trend as PepsiCo, together with Tata Global Beverages, intend to market the â€Å"nutrient water† to India’s urban, middle-class consumers where a bottle of such product will cost slightly higher than a standard bottled water. Hence, this could greatly affect the retail sales of carbonates. A. G. Barr has already altered its products to regular variants to low calorie and no added sugar variants in accordance to the gradual shift towards healthly living in the UK (A. G. Barr, 2012). For example, its popular porduct, IRN-BRU now comes in a sugar free variation, the ‘IRN-BRU sugar free’. Thus, the â€Å"nutrient water† market is another sector A. G. Barr could develop into not only in UK but also in India. 3. India has huge supporting industries for the soft drinks market and the availablity of the main components for a soft drinks company in India is high. There are 453 sugar mills in India and the top 6 growing states are located in the Northern, Southern and Western regions of India (Maps of India, 2012). Noteably, the Indian government has been extentsively investing in the agriculture sector to ensure that the process of the sector from raw materials to warehousing and merchandising flow smoothly. And as for the aluminium industry, India has a sizeable number of aluminium plants located mainly in Northern and Southern regions. 3. 2 BARGAINING POWER OF SUPPLIERS As inputs are readily available, suppliers are unable to provide their services or sell their products at a higher price than their competitors as it is of no loss to the soft drinks company since the company is able to get the same or better services and products from other suppliers. A. G. Barr is able to obtain the primary inputs for its products through several sources in the region or state. Thus, the bargaining power of suppliers such as the packaging producers and raw materials and soft drinks ingredients producers are relatively low (Datamonitor, 2011). 3. 3 BARGAINING POWER OF BUYERS The power of the retailers and distributors in this market is weak as most soft drinks manufactures work closely with the local bottling companies to distribute the ready for sale products to buyers within a certain region or sector (Datamonitor, 2011). Datamonitor (2011) also reports that with 46. 3% of the total market volume, the independent retailers such as the small family mart shops are the main distribution channels for soft drinks but this could change with the introduction of super and hypermarkets. Thus, consumers will have a wider range of soft drinks brands to choose from. In order to gain relatively significant market share, A. G. Barr needs to do plenty of advertising and promotion. One of the strategies A. G. Barr could adopt is to set their soft drinks at a lower price than the main competitors, TCCC and PepsiCo in the rural areas while maintaining the same price in the urban areas where most of the middle-income and high-income classes have high consumer purchasing power. 4. FIRM STRATEGY, STRUCTURE AND RIVALRY 4. 1 CULTURAL IMPACT ON FIRM STRATEGY AND STRUCTURE A. G. Barr core strategic focus is based on the following 7 platforms (A. G.Barr, 2012): Core Brands and Markets Portfolio development Route to market Partnerships Efficient Operations People Development Sustainability To ensure these strategies and structure is maintain in other country, A. G. Barr has to train its overseas employees, make them understand and cultivate the A. G. Barr working culture. However, this will be a tough challenge in India due to the poor education and different socio-culture. Thus, A. G. Barr needs to accommodate its Western working culture with India working culture, however without losing its main mission and strategy. To ensure this is excuted properly, A. G. Barr needs to obtain a specialist in the Indian market and culture. 4. 2 RIVALRY AMONG EXISTING COMPETITORS In India, the soft drink market is dominated by three main players – The Coca-Cola Company (TCCC), PepsiCo and Parle Bisleri Ltd – securing 74. 1% of the total market volume (Datamonitor, 2011). Table 4: India soft drinks market share: % share, by volume, 2010(e) BBC News (2011) reports that TCCC planned to invest $2 billion in India to boost its market share and expected India to be in its top five markets by 2020. Meanwhile, PepsiCo intend to launch a new product, â€Å"nutrient water† with Tata Water targeting at the young urban consumers to gain more market shares (Pagnamenta, 2012). This shows how competitive the rivalry in the India soft drinks industry where the two major market shares are actively investing and developing new products to gain more shares. 4. 3 THREAT OF NEW ENTRANTS The big players of the India soft drinks industry are actively improving themselves and distinguishing their products through various methods. Furthermore, TCCC and PepsiCo are renowned world soft drinks brands which have been existing in the India market for many years. Though new companies in the industry may have difficulty competing with the existing players, it may accomplish small success by using different production method or focusing on the lesser ventured catergories of the soft drinks markets such as health drinks and energy drinks (Datamonitor, 2011). This could be a major break through for A. G. Barr as its most popular products; the IRN-BRU; is low in sugar and contains additional benefits of an energy drink. In addition, the Rockstar series which are designed to target those who lead active lifestyles may be able to attract the young, urban consumers. With several advertising accolades, A. G. Barr has the knowledge and is able use the power of media to attract potential consumers and gain more market shares. 4. 4 THREAT OF SUBSTITUTES The main substitutes for soft drinks markets are traditonal tea and coffee, homemade juices and fresh water from the water plants or piping system. As A. G. Barr and other leading soft drinks companies have diverse products to cater to the different needs of the consumers – carbonates, bottled water, juices etc – this will narrow down the threat of substitutes. However, the threat is still relatively moderate as retailers and distributors may give more shelf space for traditional tea and coffee products as they may be stored at room temperatures (Datamonitor, 2011). 5. GOVERNMENT BBC News (2011) reports that India is ranked 95th out of 183 nations in the Transparency International Corruption Perceptions (TICP) list. Due to the high corruption scandals among its government officials, low or invisible legislative work, red tape and bureaucracy, India has dropped from 87th in 2010 to 95th (BBC News, 2011). Despite its numerous intervention, corruption in India is an issue which is very difficult to get rid off since most of the political members and officals have their own agendas and are resistant to change (‘India: Risk overview’, 2011). Hence, foreign companies will faced many setbacks when they venture into the India sectors. 6. ROLE OF CHANCE The role of chance plays a small part in factoring the soft drinks industry as most of the technology are at it most advanced state. The only main issue currently is the Iran oil crisis. As India still refuses to cut Iranian oil imports, this may lead to a huge setback if USA decides to attack Iran and ignore India’s relation with Iran (CBS News, 2012, Kennedy, 2012). With a potential strain relationship with USA, this could lead to severe freeze in the trade and foreign direct investments. Furthermore, the other two traid nations, EU and Japan, may follow suit USA’s decision to cut ties with India for refusing to withdraw the purchasing of Iranian oil. CONCLUSION In conclusion, the soft drinks market in India is huge though it is predominately hold by 3 major key players. To venture into this territory, a new company need to set itself apart from the majpr players through unique advertising, differentiated production method and diverse product offerings. New companies may set an initial low price of its products to attract consumers however; this should not be a long term strategy. Companies need to have a huge capital investment to counter the corruption, trade policies and poor infrastructure. Thus, expenditures and initial start-up cost will be high and companies will have to redistribute part of the cost to its final consumers in order to gain profits. PART B: CRITICAL EVALUATION OF PORTER’S NATIONAL DIAMOND MODEL Michael E. Porter is a well renowned economic strategist whom has writen 18 books and over125 articles (HBS, 2008). With a core field in competitive strategy, Porter has written and developed a number of strategic frameworks such as the Porter’s National Diamond model and Porter’s 5 Forces analysis. Since the model was based on eight developed countries and two industrialized countries, an analysis on developing, growing countries such as India is flawed. This is because these developing countries are not on the same economic level as the 10 countries. Thus, though the Porter’s National Diamond (PND) model analysis almost every aspect of India’s profile, it still lacks in-depth analysis and companies should not base their analytical evaluation on the PND model alone. As supported by Van Den Bosch, and Van Proojien (1992), both authors believed that PND model provide limited analysis on the control of national culture on the competitive advantage of nations. Similar to the EU countries, India too has a diverse set of culture which plays significant role in the management of the country’s economy, laws, trade policies and governance. There are limited sources on India and the soft drinks market due to the lack of legistative work from the government officals. Furthermore, some of the reports or statistics may not be entirely accurate due to the high corruption level. For example, reports may state that India is able to generate 90% of its power but the power plants are inconsistent and supplies are frequently distrupted. Also, to what extend is the literacy rate of India is correct? The literacy rates may be higher than stated as with 1. 22 billion people, India officials may have a tough job collecting the accurate datas. Moreover, with high poverty and low income, most of Indian citizens have the ‘thrifty mindset’ whereby they prefer things which are basically free even though it maybe harmful such as drinking untreated water. These are the pros of the PND model for India: Analysis different aspect of the country profile Takes into account the role of Government which is the most essential for India These are the cons of the PND model for India: Limited credible sources for analysis Little depth as India is a huge country with various swinging factors. Limited analysis on the cultural effect on a country’s competitive advantage Ways to improve the PND model for India: Supporting the model with other analysis model such as PEST, SWOT, Porter’s 5 Forces and Fons Trompenaars’ Seven Cultural Dimensions. Intentsive research on the market and the growth of the market. REFERENCES A. G. Barr (2012) About Us. Available at: http://www. agbarr. co. uk/agbarr/newsite/ces_general. nsf/wpg/about_us-our_strategy (Accessed: 22 March 2012). BBC News (2011) Coke plans $2bn India investment in bid to boost growth. Available at: http://www. bbc. co. uk/news/business-15731884 (Accessed: 20 February 2012). BBC News (2011) India Transparency International corruption index blow. Available at: http://www. bbc. co. uk/news/world-asia-india-15979646 (Accessed: 01 March 2012). CBS News (2012) U. K. : Attack on Iran has â€Å"enormous downsides†. Available at: http://www. cbsnews. com/8301-202_162-57380838/u.k. -attack-on-iran-has-enormous-downsides/? tag=mncol;lst;1 (Accessed: 20 February 2012). India. CESS (2004) Right to Drinking Water in India. Available at: http://www. cess. ac. in/cesshome/wp%5CWater. pdf (Accessed: 22 March 2012). CIA (2012) South Asia, India. Available at: https://www. cia. gov/library/publications/the-world-factbook/geos/in. html (Accessed: 20 February 2012). FAO (2012) Faostat. Available at: http://faostat. fao. org/site/339/default. aspx (Accessed: 01 March 2012). HBS (2008) Harvard Business School Faculty & Research. Available at: http://drfd. hbs. edu/fit/public/facultyInfo. do? facInfo=bio&facEmId=mporter (Accessed: 10 April 2012). ‘India: Risk overview’ (2011) Business Asia, 43, 14, pp. 10-11, Business Source Premier, EBSCO [Online]. Available at http://searchebscohost. com (Accessed: 22 March 2012). Kennedy (2012) US Pleas for Asia to Cut Iranian Oil Imports Fall on Deaf Ears, Oilprice. Available at: http://oilprice. com/Latest-Energy-News/World-News/US-Pleas-for-Asia-to-Cut-Iranian-Oil-Imports-Fall-on-Deaf-Ears. html (Accessed: 20 February 2012). Maps of India (2012) India Agriculture.

Cell Phones Are A Vital Tool - 1918 Words

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Reform Movements in the United States Sought to Expand...

As Americans entered an era of transition and instability, they sought to expand democratic ideals in the society. In response to sudden changes occurring and traditional values being challenged, various reform movements during 1825-1850 began to focus on democratic ideals. The rise of religious revivals, movements for equal rights and protecting liberties of different social groups, want to advance society technologically, and desire to bring order and control helped reform the society to live up to the nation’s founding ideals. Teaching them (I don’t get who â€Å"them† is) the habits of thrift, orderliness, temperance and industry was a way to not only better their lives but a way to instill certain democratic values and advance the†¦show more content†¦The Transcendentalist movement, founded by Ralph Waldo Emerson was populated by his essay Nature, as well as other works such as Henry David Thoreau’s Nature. The increasing quality and afforda bility of such books as well as newspapers, with new perspectives and philosophies printed by new machines, allowed the common people access to new knowledge. Society was now exposed to knowledge such as: philosophy, current events, and political information which brought up the level of education of the common man. Not only were books made cheaper and more available, an abundance of higher quality goods and services such as better foods, clothes, and a better transportation system now became available to the society. As Horace Greenley of the New York Tribune accounts: â€Å"We have universalized all the beautiful and glorious results of industry and skill†¦ We have made them a common possession of the people†¦. We have democratized the means and appliances of a higher life (Art and Industry 58).† Greenley is saying that the Progress of the Age has brought high quality goods previously only for aristocrats down to the common people, raising the living standard of t he common people: a true democratic value. Out of all these technological breakthroughs, the railroad became the symbol of the Progress of the Age and the expansion of democratic ideals. Even artists of the HudsonShow MoreRelatedReform Movements in Second Great Awakening Essay1391 Words   |  6 Pages‘Reform movements in the United States sought to expand democratic ideals. Assess the validity of this statement with specific reference to the years 1825-1850.’ Reform movements in the United States sought to expand democratic ideals from the quarter century time period of 1825-1850 also known as the Second Great Awakening. These democratic ideals included voting for everyone eighteen and older (with the exception of minors, women, insane, and criminals), freedom of expression, press, speechRead MoreApush Dbqs Essay2248 Words   |  9 Pages2011 DBQ: (Form A) 1. Analyze the international and domestic challenges the United States faced between 1968 and 1974, and evaluate how President Richard Nixon’s administration responded to them. (Form B) 1. Explain the ways that participation in political campaigns and elections in the United States changed between 1815 and 1840, and analyze forces and events that led to these changes. 2010 DBQ: (Form A) 1. In what ways did ideas and values held by Puritans influence the politicalRead MoreAp Exam Essays1660 Words   |  7 Pages1660s? 2. Analyze the political, diplomatic, and military reasons for the United States victory in the Revolutionary War. Confine your answer to the period 1775–1783. 3. Analyze the ways in which controversy over the extension of slavery into western territories contributed to the coming of the Civil War. Confine your answer to the period 1845–1861. 4. Analyze the roles that women played in Progressive Era reforms from the 1880s through 1920. Focus your essay on TWO of the following.