The TUI share price just fell, and On The Beach is down 10% too. Which would I buy?

first_img Our 6 ‘Best Buys Now’ Shares Alan Oscroft has no position in any of the shares mentioned. The Motley Fool UK has recommended On The Beach. Views expressed on the companies mentioned in this article are those of the writer and therefore may differ from the official recommendations we make in our subscription services such as Share Advisor, Hidden Winners and Pro. Here at The Motley Fool we believe that considering a diverse range of insights makes us better investors. Image source: Getty Images. The TUI share price just fell, and On The Beach is down 10% too. Which would I buy? Alan Oscroft | Thursday, 13th May, 2021 | More on: OTB TUI Renowned stock-picker Mark Rogers and his analyst team at The Motley Fool UK have named 6 shares that they believe UK investors should consider buying NOW.So if you’re looking for more stock ideas to try and best position your portfolio today, then it might be a good day for you. Because we’re offering a full 33% off your first year of membership to our flagship share-tipping service, backed by our ‘no quibbles’ 30-day subscription fee refund guarantee. See all posts by Alan Oscroft I’ve been a fan of holiday firm On The Beach (LSE: OTB) for some time. It does just what it says, selling beach holidays, and I do like that simple and effective approach. TUI (LSE: TUI), meanwhile, hasn’t really attracted me. As I write, On The Beach is down 10% on the day, and the TUI share price is down 7% since results released on Wednesday.On The Beach has stopped selling all summer holidays for this year. It’s down to Covid-19 uncertainty, as we might expect. But it comes in contrast to the opening up of the travel business, and the approach taken by others like TUI.5G is here – and shares of this ‘sleeping giant’ could be a great way for you to potentially profit!According to one leading industry firm, the 5G boom could create a global industry worth US$12.3 TRILLION out of thin air…And if you click here we’ll show you something that could be key to unlocking 5G’s full potential…The TUI share price fall comes on the back of first-half results. The figures show an 89% drop in revenue. Underlying EBIT came in highly negative too, with a loss of €1.3bn. We’re also looking at a net debt position of €6,813m, though that has improved in the three months since December.Red, amber, greenThe government has introduced a traffic light rating for the safety of holiday destinations. But most are rated amber, meaning 10 days of quarantine after returning, and Covid tests before departure and on return. A lot of people just won’t want that inconvenience.And there’s a danger that amber destinations will turn red, resulting in expensive, forced hotel isolation. I think On The Beach is taking a sensible and responsible position, even if it results in a short-term hit for the share price.TUI, meanwhile, is going to offer holidays to amber-rated destinations, even though the government advises against all leisure travel. I see that as a riskier approach. Still, selling amber destination holidays might support the TUI share price, at least in the short term, and we have seen a smaller drop than for OTB.TUI share price collapseSo far in 2021, OTB has gained 2.5%, even after the Thursday drop, while TUI has lost 8.7%. And since mid-February 2020, immediately before the crash commenced, the TUI share price is down 53%. Meanwhile, On The Beach shares are down a relatively modest 10.5%.A lot of that is surely down the OTB’s leaner business model. TUI has significantly greater investment in infrastructure, including its aircraft fleet and hotels. And a lengthy business downturn is going to hit companies like that harder. On The Beach, meanwhile, just puts together the flights and the accommodation to offer customers a simple beach package with no fuss.Different businesses, different risksThat does expose what I see as a potential weakness for On The Beach though. I’m not sure I’m seeing much in the way of barriers to entry. Putting together a package that combines the various elements into one specific type of holiday would take a lot less investment than trying to set up a TUI style operation. But the TUI share price performance highlights the longer-term risks of a capital-intensive business model.Comparing the risks and what I see as future potential, I’m putting On The Beach on my possible buy list. But not TUI.center_img Enter Your Email Address Get the full details on this £5 stock now – while your report is free. FREE REPORT: Why this £5 stock could be set to surge Are you on the lookout for UK growth stocks?If so, get this FREE no-strings report now.While it’s available: you’ll discover what we think is a top growth stock for the decade ahead.And the performance of this company really is stunning.In 2019, it returned £150million to shareholders through buybacks and dividends.We believe its financial position is about as solid as anything we’ve seen.Since 2016, annual revenues increased 31%In March 2020, one of its senior directors LOADED UP on 25,000 shares – a position worth £90,259Operating cash flow is up 47%. (Even its operating margins are rising every year!)Quite simply, we believe it’s a fantastic Foolish growth pick.What’s more, it deserves your attention today.So please don’t wait another moment. I would like to receive emails from you about product information and offers from The Fool and its business partners. Each of these emails will provide a link to unsubscribe from future emails. More information about how The Fool collects, stores, and handles personal data is available in its Privacy Statement. Simply click below to discover how you can take advantage of this.last_img read more

The long history of books as Christmas gifts

first_img Save my name, email, and website in this browser for the next time I comment. Free webinar for job seekers on best interview answers, hosted by Goodwill June 11 TAGSChristmasChristmas 2019Christmas gifts Previous articleFlorida ’Fight For $15’ measure passes Supreme Court musterNext articleFlorida gas prices fall four cents as millions travel for year-end holidays Denise Connell RELATED ARTICLESMORE FROM AUTHOR Please enter your name here You have entered an incorrect email address! Please enter your email address here Share on Facebook Tweet on Twitter Please enter your comment! Support conservation and fish with NEW Florida specialty license plate The Anatomy of Fear Christmas 2019By Leah Henrickson, Loughborough UniversityChristmas is coming, and gifting is at the forefront of many minds. The latest tech changes from year to year, as do the latest fashions. But the gift that never seems to go out of style? A book.The publishing world is at its busiest in the months leading up to Christmas. In Iceland, there is even a name for this: jólabókaflóð (pronounced yo-la-bok-a-flot) or “Christmas book flood”. The term has also come to refer to the Icelandic custom of exchanging books on Christmas Eve. As a result, a substantial portion of annual hardcover sales are during this period and nearly 850 new titles were released in 2019’s Icelandic book flood alone.The UK’s annual Christmas book flood begins on Super Thursday: when publishers release a barrage of new titles just in time for the Christmas shopping rush. Some of the heavy hitters among the 426 hardcovers released on October 3 included Philip Pullman’s The Secret Commonwealth, Jojo Moye’s The Giver of Stars, and MP Jess Phillips’ Truth to Power.A long history of books as Christmas giftsPeople were giving books as gifts even before words were ever put to paper. In one of his books of epigrams, the ancient Roman poet Martial recommended the works of famous Roman writers like “Ovid’s Metamorphoses on parchment” (animal skin) and “Livy (the Roman historian) in a single volume” (appearing in a scroll, on papyrus, or on parchment) as presents for the December festival of Saturnalia. Martial’s recommendations also included book-related items like “a book-case” and “a wooden book-covering”.As Christmas grew more commercialized, the holiday became increasingly important for the book trade. In his Battle for Christmas, American history professor, Stephen Nissenbaum, argued that books were “on the cutting edge of a commercial Christmas, making up more than half of the earliest items advertised as Christmas gifts”, citing examples from the 18th century. By the Victorian era, periodicals were regularly featuring Christmas book reviews to promote book sales during the holidays.One such article from a 1914 issue of the New York Times begins with the declaration that “the war is not the greatest thing in the world. It cannot destroy Christmas … The publishers are ready to help”. This article touts various “gift books” suitable for Christmas exchanges: “Sumptuous books, books in the making of which illustrator and printer and binder have exercised their art at its best.”These 20th-century gift books follow from a tradition of sumptuous books given as holiday gifts. Medieval manuscripts, for example, were gifted for a range of religious, romantic, diplomatic, and festive reasons. A 2015 exhibition about medieval gift gifting at the Getty Museum in Los Angeles, now archived online, further supports the understanding of manuscripts as gifts with personal and social value.Books in today’s worldWriting about medieval manuscripts, Geert Claassens noted that a book – whether a medieval manuscript or a modern mass-market paperback – always functions as both an object and a text. This observation is especially relevant in a world with e-books, which largely removes the “object” aspect of the book. However, a recent series of focus groups conducted by Laura Dietz at Anglia Ruskin University as part of a wider study about social perceptions of e-books has indicated that readers still prefer gifting and receiving print books over e-books. Maybe this is because it’s remarkably difficult to wrap an e-book and place it underneath the Christmas tree.In a recent article for the international READ-IT project (Reading Europe Advanced Data Investigation Tool), media professor, Brigitte Ouvry-Vial, describes reading as “a social imaginary” that contributes to both personal and collective development. That is, reading has perceived benefits for both individuals and communities. However, she wrote:The very motivation for non-prescribed reading has clearly shifted across time from an essentially knowledge-driven cognitive activity, to a broad information-driven cultural experience as well as a leisure activity.This shift has also led to an association being made between being well-read or reading a lot with well-being, as books are more regularly valued according to the level of psychological uplift and self-healing they provide.Books represent more than just knowledge; they’ve also taken on the role of highly personalized home decor. This is because books can say things about their owners. Likewise, the book you choose to give someone for Christmas can speak volumes about your relationship with that person. It’s not enough to just give someone a book and call it a day – it has to be the perfect choice.Keeping the tradition aliveBooks have a long history of being given as Christmas gifts, and there seems little chance of the trend going away. So why not take Martial’s recommendations and bestow upon your loved one “Ovid’s Metamorphoses on parchment”? Alternatively, and more realistically, consider a nice hardcover edition found through consulting members of the Antiquarian Booksellers’ Association or the Provincial Booksellers Fairs Association.For more modern options, YouTube is teeming with video reviews of the latest releases, as well as of “bookish” gifts to give in lieu of or alongside a book. There are also a variety of monthly book subscription boxes. By giving a book or book-related item in 2019, you’ll be contributing to a long and lovely tradition.Leah Henrickson, Doctoral Graduate, Loughborough University. This article is republished from The Conversation under a Creative Commons license.  LEAVE A REPLY Cancel replylast_img read more

FIKA / ON design partners

first_img Projects ArchDaily Photographs:  Koichi TorimuraSave this picture!© Koichi TorimuraText description provided by the architects. FIKA is a house and a shop selling scandinavian sundries. The sundries are precious collections rather than just a commercial product. The customer who comes here comes to meet the products rather than just choosing a product. The things that are used on a daily basis and the products are all displayed on the shelf. When a teacup just washed comes on the shelf it becomes a marketable product. Save this picture!© Koichi TorimuraBy displaying commercial products and products that the owner uses in a daily life together on the shelf, the shop and the house links to each other and gives an expectation to connect with the neighborhood through life.Save this picture!© Koichi TorimuraProject gallerySee allShow lessmodeLab Algorithmic Design in GrasshopperArticlesBloomberg Announces Plan For Downtown BrooklynArticles Share ShareFacebookTwitterPinterestWhatsappMailOrhttps://www.archdaily.com/303487/fika-on-design-partners Clipboard “COPY” FIKA / ON design partners “COPY” Japan Save this picture!© Koichi Torimura+ 18 Sharecenter_img CopyHouses•Tokyo, Japan ShareFacebookTwitterPinterestWhatsappMailOrhttps://www.archdaily.com/303487/fika-on-design-partners Clipboard Area:  22 m² Photographs CopyAbout this officeON design partnersOfficeFollowProductConcrete#TagsProjectsBuilt ProjectsSelected ProjectsResidential ArchitectureHousesTokyoHousesJapanPublished on December 11, 2012Cite: “FIKA / ON design partners” 11 Dec 2012. ArchDaily. Accessed 11 Jun 2021. ISSN 0719-8884Read commentsBrowse the CatalogLouvers / ShuttersTechnowoodSunshade SystemsRailing / BalustradesMitrexIntegrated Photovoltaic Railing – BIPV RailingMetal PanelsAurubisCopper Alloy: Nordic BrassWindowsVitrocsaMinimalist Window – GuillotineGlassLAMILUXGlass Roof PR60 PassivhausSinksBradley Corporation USASinks – Verge LVG-SeriesSealantsSikaConstruction Solutions in Stavros FoundationShower TraysAcquabellaShower Tray – Focus BetonPatios / TerracesFranken-SchotterPatios and TerracesCeramicsTerrealTerracotta cladding in Le TrèfleSkylightsFAKROWooden pivot roof windows FYP-V proSkySynthetics / AsphaltFirestone Building ProductsRoofing System – RubberGard EPDMMore products »Read commentsSave想阅读文章的中文版本吗?FIKA / ON design partners是否翻译成中文现有为你所在地区特制的网站?想浏览ArchDaily中国吗?Take me there »✖You’ve started following your first account!Did you know?You’ll now receive updates based on what you follow! Personalize your stream and start following your favorite authors, offices and users.Go to my stream Houses Architects: ON design partners Area Area of this architecture project FIKA / ON design partnersSave this projectSaveFIKA / ON design partnerslast_img read more

Iowa Crop Damage Acreage Estimates Growing

first_img Facebook Twitter By Andy Eubank – Aug 17, 2020 Iowa Crop Damage Acreage Estimates Growing Facebook Twitter SHARE SHARE Audio Playerhttps://www.hoosieragtoday.com/wp-content/uploads/2020/08/Iowa-crop-damage-estimates-grow.mp300:0000:0000:00Use Up/Down Arrow keys to increase or decrease volume.Wind damage west of Iowa CityCrop damage in Iowa from the storm system one week ago may exceed some of the early estimates, according to a number of analysts, so that’s a very large number that appears to be getting larger. State officials in Iowa came up with a 10 million acre estimate about mid-week last week.Dustin Hoffman at the Iowa Agribusiness Radio Network says the new estimate represents a 40 percent jump.“Iowa has 30 million acres of agricultural crop land,” he told HAT. “When you look at the map and path of destruction this storm crossed, and you can see pictures from satellite where you can see damage done, that’s how intense this has become, it looked about like a third of the state. Take a 70-mile swath on a state that’s 216 miles north to south, you’re looking at roughly a third of the state. So, 10 million was the rough estimate. Now the USDA RMA (Risk Management Agency) has come in and estimated more accurately at 14 million acres.”The estimate includes more that 5.5 million acres of soybeans and over 8 million acres of corn. The corn number is acres affected, not acres succumbing to green snap which would effectively kill off the plant. Hoffman is surprised at how little actual green snap he has seen.Luther Iowa damage west of Ames“Now the further north you get up where Iowa State is in Ames there was a lot more green snap and just sheered off corn fields where it looked like someone laid down and machine gunned the crops. Those corn fields are really hurting but I have seen less of that than I have seen it. I’ve seen a lot of bent over stalks but they’re still green. We’re looking at a week later now and they’re flat but they’re green, so it’s telling me there’re nutrients getting to those corn plants.”Regardless of the amount of green snap, harvest was made a whole lot more difficult by this storm. Iowa’s corn crop condition rating fell to 59 percent good to excellent from 69 percent last Monday. Notably, there was a drop of 8 percent in the soybean condition in the state.Whether on the farm or in the city, there is a lot of recovery to made from last Monday. It’s so bad in Cedar Rapids that Hoffman reports people have gone to the airport for a Wi-Fi signal to communicate with friends and relatives. Downed power lines, trees and even grain bins have closed many roads, and electricity is slow to return.In the full HAT interview with Hoffman, he runs through ways Hoosiers might be able to help. One avenue is through Iowa Farm Bureau which has developed the Farming Community Disaster Exchange message board available here.More with Hoffman:Audio Playerhttps://www.hoosieragtoday.com/wp-content/uploads/2020/08/Dustin-Hoffman-Iowa-update.mp300:0000:0000:00Use Up/Down Arrow keys to increase or decrease volume.(Pictures courtesy John Zanker of Risk Management Commodities – hear his assessment from a weekend drive to Iowa in the HAT 8/18/20 podcast) Home Indiana Agriculture News Iowa Crop Damage Acreage Estimates Growing Previous articleU.S., China, Postpone Trade Deal ReviewNext articleIowa Crop Damage Acreage Estimates Growing and Indy Farm Expo Heads to New 2021 Venue on the HAT Tuesday Podcast Andy Eubanklast_img read more

The working poor

first_imgEmail Child poverty should be priority Publish bill to ban zero hour contracts Linkedin Facebook NewsSocietyThe working poorBy Bernie English – March 23, 2018 1031 Twitter Advertisement WhatsAppcenter_img Charity chief warns that Limerick disadvantaged areas will be left behind BriefcaseONCE upon a time, ordinary people got jobs, built lives and lived – at least in economic terms – relatively happily ever after.But now it seems that having a job is not a highway out of poverty. For 104,000 Irish people, it’s a slippery slope into it.Poverty Focus 2018, the most recent report from Social Justice Ireland, has produced the figure, which puts working people a fraction of a percentage ahead of the unemployed in the poverty stakes,Sign up for the weekly Limerick Post newsletter Sign Up According to the report, unemployed people make up 13.5 per cent of those living in poverty while working people constitute 13.3 per cent of that number.Another chilling figure in this report is that of child poverty.It concludes that more than one in four of the people living in poverty is a child.Without doubt, the workers living on minimum wage and zero hours contracts account for a sizeable portion of the working poor but the problem is a bigger one.The economy may be in recovery, but personal finances are not.Most working people have expenses which have spiralled over the last few years. These include the cost of putting fuel in the car, paying bus fares and meeting ever-increasing rents because people cannot save the deposit for their own home, however hard they work.Others who got into trouble in the bust years have managed to negotiate rescheduled mortgages with lenders to keep a roof over their heads but a huge number of these arrangements are punitive and allow no room for any kind of savings for the inevitable rainy day.Workers, remember, also have to shoulder the burden of their own medical expenses, fuel bills, back to school demands. They enjoy none of the supports afforded to people without an income from employment.These are people who are asking for nothing from the state other than an incentive to bring home the bacon.A pint of plain is not your only man when a take-out cup of coffee is an extravagance.More about society here. Print Previous article#watch Limerick Docklands Framework Strategy launchedNext articleParade group calls on emigrants to return and vote Bernie Englishhttp://www.limerickpost.ieBernie English has been working as a journalist in national and local media for more than thirty years. She worked as a staff journalist with the Irish Press and Evening Press before moving to Clare. She has worked as a freelance for all of the national newspaper titles and a staff journalist in Limerick, helping to launch the Limerick edition of The Evening Echo. Bernie was involved in the launch of The Clare People where she was responsible for business and industry news. TAGSchild povertyminimum wagePoverty FocusSocial Justicezero hour contracts RELATED ARTICLESMORE FROM AUTHOR Zero tolerancelast_img read more

National Spelling Bee to return in mostly virtual format

first_img National Spelling Bee to return in mostly virtual format By Digital AIM Web Support – February 22, 2021 Local NewsStateUS News Facebook WhatsApp Pinterest Twitter TAGS  Facebook Twitter Pinterest WhatsApp Previous articleAlliant Private Client Named Best High-Net-Worth Insurance Broker at 2021 PAM AwardsNext articleHALCON Unveils First Anti-Ship Cruise Missile at IDEX 2021 Digital AIM Web Supportlast_img read more

CCC-NW urge women in Donegal to avial of free smear test

first_img CCC-NW urge women in Donegal to avial of free smear test Google+ Facebook Previous articleNo jobs fair in Strabane this yearNext articleSoccer – Derrys Lead At The Top Cut Again News Highland Google+ Twitter Dail to vote later on extending emergency Covid powers WhatsApp WhatsApp News Dail hears questions over design, funding and operation of Mica redress scheme RELATED ARTICLESMORE FROM AUTHORcenter_img Pinterest Pinterest Twitter By News Highland – September 11, 2010 Co-operating for Cancer Care NorthWest, is urging women in Donegal to avail of free smear tests under the Cervical Check programme.The programme was rolled out in 2008, but from last year, women were only tested after receiving letters of invitation. However, CCC-NW say this led to some confusion, and fears that some women who needed a test might not get it because they were not on the system.GPs and health centres argued that they effectively lost the opportunity  to offer women a cervical test at their own discretion.Noelle Duddy of CCC-NW says the situation is now much improved. Watch: The Nine Til Noon Show LIVE Man arrested in Derry on suspicion of drugs and criminal property offences released Facebook PSNI and Gardai urged to investigate Adams’ claims he sheltered on-the-run suspect in Donegal HSE warns of ‘widespread cancellations’ of appointments next week last_img read more

Council water charges unfair because of water wastage

first_img Further drop in people receiving PUP in Donegal Pinterest Facebook RELATED ARTICLESMORE FROM AUTHOR Twitter Man arrested on suspicion of drugs and criminal property offences in Derry Facebook Google+ A Donegal County Councillor has claimed that it is unreasonable to expect people to pay for water when the council can’t account for almost half of what it provides.A report last month showed that 43% of potable council water cannot be accounted for, although a drop on previous figures, the council has one of the highest water wastage levels in the country.At yesterday’s council meeting Councillors said that government must provide funding to help replace the county’s aging water infrastructure.The issue was raised by Councillor Noel McBride:[podcast]http://www.highlandradio.com/wp-content/uploads/2009/12/noelam.mp3[/podcast] Council water charges unfair because of water wastage 75 positive cases of Covid confirmed in North Pinterestcenter_img WhatsApp News Previous articleFoyleside Shopping Centre extension plans announcedNext articleReview questions planning boards refusal of Twin Towns Bypass News Highland Twitter By News Highland – December 1, 2009 WhatsApp Main Evening News, Sport and Obituaries Tuesday May 25th Google+ 365 additional cases of Covid-19 in Republic Gardai continue to investigate Kilmacrennan firelast_img read more

“Article 21 Includes Right To Have A Decent Burial”: Madras HC Takes Cognizance On Mob Attack Against Burial Of Doctor Died Of COVID-19

first_imgTop Stories”Article 21 Includes Right To Have A Decent Burial”: Madras HC Takes Cognizance On Mob Attack Against Burial Of Doctor Died Of COVID-19 MEHAL JAIN20 April 2020 7:55 AMShare This – xTaking cognisance of a news item telecasted on Sunday evening on how the burial of a doctor, who succumbed to a heart attack, his ongoing health problems having been aggravated on account of COVID infection, invited mass opposition, creating a law and order situation, the Madras High Court on Monday issued notice to the state on the issue of the right to burial being guaranteed under…Your free access to Live Law has expiredTo read the article, get a premium account.Your Subscription Supports Independent JournalismSubscription starts from ₹ 599+GST (For 6 Months)View PlansPremium account gives you:Unlimited access to Live Law Archives, Weekly/Monthly Digest, Exclusive Notifications, Comments.Reading experience of Ad Free Version, Petition Copies, Judgement/Order Copies.Subscribe NowAlready a subscriber?LoginTaking cognisance of a news item telecasted on Sunday evening on how the burial of a doctor, who succumbed to a heart attack, his ongoing health problems having been aggravated on account of COVID infection, invited mass opposition, creating a law and order situation, the Madras High Court on Monday issued notice to the state on the issue of the right to burial being guaranteed under Article 21.”In the considered opinion of the Court the scope and ambit of Article 21 includes, right to have a decent burial. It prima facie appears that as a consequence of above said alleged acts, a person who practiced a noble profession as a doctor and breathed his last, has been deprived of his right, to have a burial, in a cemetery earmarked for that purpose and that apart, on account of law and order and public order problem created, the officials who have performed their duties, appeared have sustained grievous injuries”, observed the Division Bench.The visual media channel namely “Puthiya Thalaimurai” had telecasted a news item at the evening hours yesterday showing that a Medical Doctor, who already had health problems, suffered a heart attack due to complications developed on account of a COVID-19 infection. The body of the Doctor was taken to a Christian Cemetary at Kilpauk, Chennai. The residents of the area assembled in large numbers and opposed the burial of the body. “As a consequence, the body had to be taken to Velangadu and buried. In the process, the ambulance in which the body was taken was also attacked, as were the persons accompanying the body. There was a law and order and public order problem on account of the said act and as a consequence, some public servants were also injured”, narrates the order.The Court also took Judicial notice of the fact that the informations relating to the Ministry of Health and Family Welfare guidelines on ‘Social Stigma Associated with COVID-19’.and ‘Dead Body Management’ are available in public domain and the people are expected to be aware of the said guidelines and follow them.”Citizens are not expected to take law and order into their hands and if it is so, would definitely lead to anarchy. There is likelihood of similar kind of incidents to occur in future also”, remarked the bench.Reference was made to section 297, IPC which prescribes punishment for trespass on burial places- Whoever, with the inten­tion of wounding the feelings of any person, or of insulting their religion, or with the knowledge that he/she is likely to do so, commits trespass in any place of worship or on any place of sepulchre, or any place set apart from the performance of funeral rites or as a depository for the remains of the dead, or offers any indignity to any human corpse, or causes disturbance to any persons assembled for the performance of funeral ceremonies, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.It was further observed that in the 1963 case of Kharak Singh, the Apex Court had considered the purview of Article 21, “…. The inhibition against its deprivation extends to all those limbs and faculties by which life is enjoyed. The provision equally prohibits the mutilation of the body or amputation of an arm or leg or the putting out of an eye or the destruction of any other organ of the body through which the soul communicates with the outer world …… Moreover it is every kind of deprivation that is hit by Article 21, whether such deprivation be permanent or temporary…..” Click Here to Download the OrderRead The Order HereSubscribe to LiveLaw, enjoy Ad free version and other unlimited features, just INR 599 Click here to Subscribe. All payment options available.loading….Next Storylast_img read more

Article 21 In Prison

first_imgColumnsArticle 21 In Prison S.B Upadhyay1 April 2021 8:59 PMShare This – xWhat impels me to write this Article is a recent press report in Dainik Jagran which states that about 20000 bail applications are pending in Patna High Court. The bail applications filed in August -September 2020 have not yet been heard by the High Court, creating a new record of pending bail applications. Out of five working days, the High Court hears the bail applications for four…Your free access to Live Law has expiredTo read the article, get a premium account.Your Subscription Supports Independent JournalismSubscription starts from ₹ 599+GST (For 6 Months)View PlansPremium account gives you:Unlimited access to Live Law Archives, Weekly/Monthly Digest, Exclusive Notifications, Comments.Reading experience of Ad Free Version, Petition Copies, Judgement/Order Copies.Subscribe NowAlready a subscriber?LoginWhat impels me to write this Article is a recent press report in Dainik Jagran which states that about 20000 bail applications are pending in Patna High Court. The bail applications filed in August -September 2020 have not yet been heard by the High Court, creating a new record of pending bail applications. Out of five working days, the High Court hears the bail applications for four days, but the number of such bail applications is not getting reduced because of fresh bail applications coming up to the High Court every day. There are thirty-two posts of Judges vacant and at present only 21 Judges are hearing the matters in Patna High Court, as a result of which, the pendency in the said High Court has been increasing day by day. This reminds me of the anguish late Justice Bhagwati felt in Hussainara Khatoon Vs. State of Bihar, AIR 1979 SC 1360 by observing that undertrials formed 80% of Bihar’s prison population, their period of imprisonment ranging from a few months to ten years. In some cases, the imprisonment period of the undertrials exceeded the period of imprisonment prescribed for the offenses they were charged with. On these appalling outrages that have been brought before the Supreme Court, Justice Bhagwati found that those unfortunate under trials languished in prison not because they were guilty but because they were too poor. The bail system, as it operates today, is a source of great hardship to the poor. To eliminate the evil effects of poverty and assure a fair and just treatment to the poor in justice administration, it is imperative that the bail system be thoroughly reformed to make it possible for the poor, as easily as the rich, to obtain pretrial release without jeopardizing the interest of justice. The Court at several times while dealing with the cases of undertrials who had suffered lengthy incarceration, have held that a procedure which keeps such a large number of people behind bars without trial could not possibly be regarded as reasonable, just, or fair to conform with the requirement of Article 21. On further investigation, States/UT wise distribution of undertrials prisoners in various jails as on 31st December 2019 obtained from the records of Prison Statistic India,2019 prepared by National Crime Record Bureau, Ministry of Home Affairs, the following picture emerges: Additional Table-5 State/UT-wise Distribution of Undertrial Prisoners in Different Jails as of 31st December 2019 Central Jail District Jail Sub Jail Sl. No. State Total Available Capacity Under Trial Population Under – Trial Occupancy Rate Total Available Capacity Undertrial Population Under Trial Occupancy Rate Total Available Capacity Under Trial Population Under Trial Occupancy Rate (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) All 29 States 166820 106725 63.98 158717 166803 105.09 44825 34945 77.96 Central Jail District Jail Sub Jail Sl. No. UTs Total Available Capacity Under Trial Population Under – Trial Occupancy Rate Total Available Capacity Undertrial Population Under Trial Occupancy Rate Total Available Capacity Under Trial Population Under Trial Occupancy Rate (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) All 7 UTs 10798 14617 135.37 269 114 42.38 246 114 46.34 The above data found on the records of the National Crime Bureau is quite menacing. If urgent measures are not taken, it shall result in the complete extinction of civil rights and liberties so zealously guarded under Article 21 of the Constitution of India. Article-21 of India’s Constitution says that no person shall be deprived of his life or personal liberty accept according to the procedure established by law. The expression “life” used in that Article cannot be confined only to the taking away life, i.e., causing death. In Unn v. Illinois, 1877(94)US 113 Field, J., defined “life” in the following words: “Something more than mere animal existence. The inhibition against its deprivation extends to all those limbs and faculties by which life is enjoyed. The provision equally prohibits the mutilation of the body by the amputation of an arm or leg, or the putting out of an eye, or the destruction of any other organ of the body through which the soul communicates with the outer world.” The expression “liberty” is given a vast meaning in America. It takes in its fold all the freedoms. In Bolling v. Sharpe 1954(347) US 407, the Supreme Court of America observed that the said expression was not confined to mere freedom from bodily restraint rather such liberty extended to the full range of conduct individual was free to pursue. As far back as in 1950 in AK Gopalan Vs. State of Madras, 1950 (1) SCR 88, the Supreme Court observed that physical restraint on a person’s movements affects his liberty to a larger degree. Indeed, nothing is more deleterious to man’s physical happiness and health than a calculated interference with his privacy. The Court, therefore, defined the right of personal liberty in Art. 21 as a right of an individual to be free from restrictions or encroachments on his person, whether those restrictions or encroachments are directly imposed or indirectly brought about by calculated measures. The right to bail is concomitant of the accusatorial system, which favors a bail system that ordinarily enables a person to stay out of jail until a trial has found him/her guilty. In India, bail or release on personal recognizance is available as a right in bailable offenses not punishable with death or life imprisonment and only to women and children in non-bailable offenses punishable with death or life imprisonment. The right of police to oppose bail, the absence of legal aid for the poor and failure of the right to a speedy trial have prolonged incarceration of the poor inevitable during the pendency of investigation by the police and prosecution by a court. The established principle that bail is a rule and jail is an exception applies now more in the breach than in the observance. In order to stop the explosion of pending bail applications and to ensure that the civil rights and liberties of citizens of India are meaningful and are constitutionally protected, it is necessary that certain strict and immediate steps are taken to safeguard the above constitution rights. In most of the cases, it is seen that the Subordinate Courts are reluctant to grant bail for fear of adverse remarks or on the apprehension that a liberal approach in granting bail may be viewed suspiciously by the High Court. Such concern must be eroded by the High Court in giving more latitude to the Subordinate Courts while considering bail applications in appropriate cases. The judges’ strength at the subordinate level and the High Court level must be increased by filling up the vacancies at the earliest to cater to the immediate requirement of the adjudicatory machinery to deal with exploding bail applications. The offenses have to be also categorized. The minor crimes relating to imprisonment for less than three years have to be separated from other offenses and bail applications relating to minor such offenses may be disposed of liberally. The Economic offenses and other offenses for which prescribed imprisonment in more than three years should also be categorized. The crimes relating to the imprisonment of 3 to 10 years and ten years and more should be dealt with separately by designated courts for the above purpose. Unless the judicial and administrative authority does take such immediate measure, our Constitution’s soul and wit, i.e., Article-21, shall ever remain in prison. Views are PersonalThe Author is Senior Lawyer at Supreme Court of IndiaNext Storylast_img read more