text:
Hartford tech center revamps its education programs
Sarah Earle
Matt Ball wants to be a professional basketball player, but coaching is his back-up plan. This fall, the Rivendell Academy junior is one of seven students in the Hartford Area Career and Technology Center's new Coaching and Leading course, gaining some skills that should serve him well whether he ends up running drills or sinking 3-pointers.
Just as students like Ball are trying to balance ideals with reality, so is the school. The new course, part of HACTC's new Education Sciences program, aims not so much to prepare students for a specific career as to equip them with skills that are in demand across industries. At the same time, the change in course offerings highlights the challenge tech centers face in aligning student interests with workforce needs.
The new program replaces the center's Human Services program, which prepared students for careers in early childhood education, senior care and social work. Last year, enrollment in the program plunged to a low of two students, prompting the change.
"I can't run a program with just two kids in it. We have to find that balance," said Doug Heavisides, director of the center, which serves about 300 students from 16 high schools around the Upper Valley. "The way that the funding works is that obviously we need to prepare kids for the workforce, but I also have to pay the bills, and the way I pay the bills is butts in the seats."
The new Education Sciences program comprises two year-long, half-day courses, Teaching and Learning and Coaching and Leading. Teaching and Learning is designed to prepare students for a variety of careers in K-12 education, covering such topics as lesson planning, classroom management and public speaking. It offers several industry certifications, including CPR and First Aid and Multi-hazard Emergency Planning for Schools, as well as possible college credit for Introduction to Psychology.
"It's still an education-based curriculum," Heavisides said. "It kind of focuses on how humans learn."
Coaching and Leading, a new course in Vermont's technical education landscape, focuses on leadership skills such as conflict resolution and community leadership and has a strong outdoor component. It also offers several industry certifications, including Decision Making and Problem Solving and Wilderness First Aid, as well as possible college credit in Supportive Communication Skills.
"It's really about life coaching and business leadership and ethics and morals," said Heavisides, who conceived of the Coaching and Leading class in collaboration with Human Services instructor Michele Morrell and regional advisors from the center's sending schools. "When we were looking at what we could do to replace Human Services … there are a lot of developing students who have great leadership qualities that could really benefit from a leadership program."
That was the case with Taylor Summarsell, a sophomore from Woodstock Union High School and one of the first sophomores to study at HACTC: To attract more students, the school opened the new program up to sophomores, with the approval of sending districts, who agreed to foot the bill for any sophomores they send, although they're not required to do so by law.
Last Monday afternoon, Summarsell and her classmates played a card game that entailed matching pictures on cards and then collaborating to solve a puzzle. Two educators from the Hulbert Outdoor Center in Fairlee, who are partnering with the class throughout the year, led the activity and a post-activity discussion.
"If you had to pick, do you think there were people who were clear leaders in that activity?" Katie Knowles, director of program development for the Hulbert Outdoor Center, asked the students.
Summarsell, who had devised a chant to help remember the items in the puzzle and coordinated the group's strategies, got her classmates' votes.
At 16, Summarsell doesn't yet know what profession she wants to pursue, but she thought the class sounded appealing.
"I heard about it through my guidance counselor. She recommended it because she knows I like to be a leader," she said.
While the programming change has helped the center gain new students like Ball and Summarsell, it also represents a loss to the community. Students who are interested in working with senior citizens are increasingly pursuing an LNA certificate, which they can still get through the Health Sciences program, Heavisides said. But with the loss of the Human Services program, the school will no longer offer credentialing for early childhood education careers.
"It's so disappointing to hear about this program ending because this is a real area of focus for us," said Sharron Harrington, senior program manager for Southern Vermont for Let's Grow Kids, a Burlington-based nonprofit focused on improving access to affordable, quality child care. "One of the things that we're continually running up against is the lack of early childhood workforce. ... Those of us working in early childhood recognize that building this pipeline is really critical."
While a high school graduate can technically enter the child care workforce without any special credentials, recent state laws have made it somewhat impractical to do so because classroom aides and trainees cannot be left alone with groups of children, Harrington said.
Educators are well aware of the child care worker shortage, Heavisides said, but they can do only so much to attract students to child care work. HACTC, which once had an on-site child care center and in recent years had been sending students into internships at local child care centers, would be sending only a handful of graduates into the workforce even if it continued the program, he said.
The Family Place, a child care center in Norwich that partnered with HACTC, was already feeling the effect of declining enrollment before the program was eliminated, said Family Place Director Kim Toland. Still, she's sad to see it go. The center benefited even from a small number of student interns throughout the year, and the partnership played an important role in the community, she said.
"The bottom line is that if students are not exposed to (Early Childhood Education) programs and possible careers they will probably not try them," Toland wrote in an email. "There is a real issue with all area child care programs with recruiting good quality staff and being able to retain them."
Wages are a likely reason young people aren't choosing child care professions. Child care workers in Vermont earn, on average, $28,000 per year, according to the Bureau of Labor Statistics.
In light of that reality, it's no wonder tech centers such as HACTC are rethinking their Human Services programming, said Jason Gingold, director of the Randolph Career and Technical Center.
"Our responsibility is to our students," Gingold said. If child care jobs don't provide a living wage, it may not be wise to steer students toward them, he said.
Like other technical centers around the state, Randolph Career and Technical Center has revamped and renamed its Human Services program, but it still provides training for early childhood education as part of its Education Training program. That program has room for 16 students and is about half full this year, Gingold said.
Nancy Hutchinson, who teaches the Education Training classes, tries to prepare students for immediate careers while at the same time encouraging them to continue with their education after they graduate. She believes the internships in local child care centers give students critical information in making early career decisions, while the classes and mentoring can encourage those who enjoy the work to develop a successful career plan.
"In order to move up the career ladder in child care, you have to start taking college courses," Hutchinson said. "I would love to have a class that's half and half, half that want to go into child care and half that want to go into college and become teachers."
Harrington, of Let's Grow Kids, hopes more students and educators will take a long view of the early childhood education landscape in Vermont. In addressing the child care shortage, public and private organizations are increasingly looking at ways to make the profession more appealing and accessible, she said. Earlier this year, the state Legislature appropriated $300,000 for implementing a nationally accredited Child Development Associate Credential curriculum in Vermont's technical centers.
"I have listened to folks who have been working in this field for 30 to 40 years, and they feel that there's tremendous momentum," Harrington said.
HACTC may be opting out of that movement, but staff hope the new program opens the door to a lot of other pathways for students.
Over the course of the year, students in the Coaching and Leading class will participate in a variety of team-building exercise, hands-on activities, outdoor excursions and adventures of their own design, Morrell said. All of the units are designed to cultivate in-demand skills they can deploy in a variety of settings.
As class ended on a recent Monday afternoon, Morrell instructed the students to write about their responses to different events in their lives, noting whether they were letting circumstances dictate their feelings or taking ownership of their attitudes.
"It will be interesting to see how the students change over the year," she said.
Sarah Earle can be reached at searle@vnews.com or 603-727-3268.
Click here to read this story on the Valley News website.


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LGBT Rights – Transgender Bill, Sec. 377, etc.
Amid the debate on the archaic sedition law that should have no place in democratic India, President called for the thorough revision of the IPC 1860 to meet the needs of the 21st century. Let's see why is it so necessary to amend the code.
Governance | Mains Paper 2: Laws, Institutions & Bodies Constituted For The Vulnerable Sections
Post date The Hindu
NewsCards
National Council for Transgender Persons
Polity | Mains Paper 2: Statutory, Regulatory & Various Quasi-Judicial Bodies
Note4Students
From UPSC perspective, the following things are important :
Prelims level : National Council for Transgender Persons
Mains level : Trans-persons rights protection
The Ministry of Social Justice and Empowerment has constituted the National Council for Transgender Persons.
Try this question for mains:
Q.Discuss the salient features of the Transgender Persons (Protection of Rights) Bill, 2019. What are its various shortcomings?
It has been a requirement under the Transgender Persons (Protection of Rights) Act, 2019.
The Social Justice Minister would be the chairperson of the Council.
The members would include officials of the Ministries of Health, MHA, MoHUA, Minority Affairs, HRD etc. among others.
The council also includes five nominated members from the transgender community.
Its mandate
The council would work with States to ensure that transgender welfare boards are set up in all States and essential needs of the community, like housing, food, healthcare and education are met.
Transgender Persons (Protection of Rights) Act, 2019
No medical examination for Trans Persons
Governance | Mains Paper 2: Indian Constitution - historical underpinnings, evolution, features, amendments, significant provisions and basic structure
Prelims level : Not Much
Mains level : Trans-persons rights
After facing flak from the transgender community, the Centre has done away with the requirement of a medical examination for trans persons applying for a certificate of identity in its latest draft rules framed under the Transgender Persons (Protection of Rights) Act, 2019.
Practice question for mains:
Q.What are the salient features of the Transgender Persons (Protection of Rights) Act, 2019? Also, discuss the loopholes.
What are the new rules?
The draft of the Transgender Persons (Protection of Rights) Rules, 2020, published stated that a District Magistrate would issue a transgender identity certificate and card based on an affidavit by the applicant, but without any medical examination.
Issue with the earlier draft
An earlier draft of the rules had mandated a report from a psychologist along with the affidavit for the application.
The transgender rights movement had opposed this, as it was seen as going against a trans person's right to self-identification, which was upheld by the Supreme Court in 2014.
Change of gender is permissible
In case of change of gender, the application for new identification would require a certificate from the medical superintendent or chief medical officer of the medical institution where the applicant the surgery.
For this, the Centre has proposed a series of welfare schemes, including making at least one hospital in each State equipped to provide safe and free gender-affirming surgery and counselling and hormone replacement therapy among others.
Back2Basics: The 2014 Judgement on Trans-persons Rights
The Supreme Court in 2014 recognized transgenders as the third gender in a landmark ruling, saying it was addressing a "human rights issue".
The ruling came after it heard a PIL filed by National Legal Services Authority (Nalsa) demanding equal rights.
The judgements said that non-recognition of gender identity amounts to discrimination under Article 15, which prohibits discrimination on the basis of sex.
The spirit of the constitution is to provide equal opportunity to every citizen to grow and attain their potential, irrespective of caste, religion or gender said justices K.S. Radhakrishnan and A.K. Sikri in their ruling.
Self-identification as man or woman, irrespective of sexual reassignment surgery, was now protected by law.
The judges said rights such as the right to vote, own property, marry and to "claim a formal identity" would be made available "more meaningfully" to the transgender community as a result of the ruling.
Transgender Persons (Protection of Rights) Bill, 2019
The Parliament passed the Transgender Persons (Protection of Rights) Bill, 2019.
Definition of a transgender person: The Bill defines a transgender person as one whose gender does not match the gender assigned at birth. It includes transmen and trans-women, persons with intersex variations, gender-queers, and persons with socio-cultural identities, such as kinnar and hijra.
Certificate of identity: A transgender person may make an application to the District Magistrate for a certificate of identity, indicating the gender as 'transgender'.
Prohibition against discrimination: The Bill prohibits discrimination against a transgender person, including denial of service or unfair treatment in relation to:
Education, employment, healthcare.
Access to or enjoyment of goods, facilities, opportunities available to the public.
Right to movement, right to reside, rent, or otherwise occupy property.
Opportunity to hold public or private office.
Access to a government or private establishment in whose care or custody a transgender person is.
The Bill also seeks to provide rights of health facilities to transgender persons including separate HIV surveillance centres, and sex reassignment surgeries.
It also states that the government shall review medical curriculum to address health issues of transgender persons, and provide comprehensive medical insurance schemes for them.
It calls for establishing a National Council for Transgender persons (NCT).
Punishment: It states that the offences against transgender persons will attract imprisonment between six months and two years, in addition to a fine.
Governance | Mains Paper 1: Social Empowerment
Post date The Indian Express
Mains level : Transgenders and their upliftment measures
The Parliament has passed the Transgender Persons (Protection of Rights) Bill, 2019, with the Rajya Sabha approving it by a voice vote. The Lok Sabha had already passed the bill in December 2018.
Various provisions of the Bill
Defining Transperson
The Bill defines a transgender person as one whose gender does not match the gender assigned at birth.
It includes trans-men and trans-women, persons with intersex variations, gender-queers, and persons with socio-cultural identities, such as kinnar and hijra.
Prohibition against discrimination
It prohibits the discrimination against a transgender person, including denial of service or unfair treatment in relation to education, employment, healthcare, access to, or enjoyment of goods, facilities, opportunities available to the public.
Every transgender person shall have a right to reside and be included in his household.
No government or private entity can discriminate against a transgender person in employment matters, including recruitment, and promotion.
HRD measures
A transgender person may make an application to the District Magistrate for a certificate of identity, indicating the gender as 'transgender'.
Educational institutions funded or recognised by the relevant government shall provide inclusive facilities for transgender persons, without discrimination.
The government must provide health facilities to transgender persons including separate HIV surveillance centres, and sex reassignment surgeries.
The National Council for Transgender persons (NCT) chaired by Union Minister for Social Justice, will advise the central government as well as monitor the impact of policies with respect to transgender persons.
It will also redress the grievances of transgender persons.
The Bill imposes penalties for the offences against transgender persons like bonded labour, denial of use of public places, removal from household & village and physical, sexual, verbal, emotional or economic abuse.
[op-ed snap] The afterlife of Section 377
| : Salient features of Indian Society
Mains Paper 1: Indian Society Salient features of Indian Society, Diversity of India. Effects of globalization on Indian society
From the UPSC perspective, the following things are important
Prelims level: Basic knowledge of the SC decision on Section 377.
Mains level: The news-card analyses the deep-rooted social prejudices that still haunts the LGBTQ community even after the striking down of Section 377 by SC, in a brief manner.
Recently there have been debates that the partial strike-down of Section 377 isn't enough. Deep-rooted prejudices still haunt the LGBT community.
A series of applications for refugee status were filed by members of India's LGBT community living abroad in the years leading up to the Supreme Court's 2018 judgment on Section 377 (Indian Penal Code).
Courts in Britain and Australia took evidence on whether those from the community faced a real risk of persecution if they returned to India.
Soon after the SC judgment in September, an immigration tribunal in New Zealand was tasked with deciding whether a gay man risked serious harm upon return to India.
In granting his application for refugee status, the tribunal arrived at a sobering conclusion that while no longer facing the threat of prosecution under Section 377… the social attitudes that have been underpinned by that legislation will not have evaporated.
According to the tribunal, Section 377 was the symptom rather than the cause of social prejudice against the community.
SC's decision on Section 377
Supreme Court declared Section 377 unconstitutional to the extent that it criminalises consensual sexual activity between adults in private.
However, Section 377 – together with the social prejudices that silently accompany it – continues to live an afterlife.
Social prejudice against the LGBTQ community
The Police continues to harass members of the community
There are reports that the police continues to harass members of the community (particularly transgender people) relying on Section 377 together with other criminal offences, including offences addressing prostitution and public nuisance.
This undercuts the letter and spirit of the SC decision, which required that all ongoing prosecutions under Section 377 be abandoned and no fresh prosecutions be commenced.
Section 66A of the IT Act declared unconstitutional but continue to be enforced
The aftermath of the SC decision striking down section 66A of the IT Act offers a cautionary tale of how statutory provisions that are struck down as unconstitutional may continue to be enforced.
Close to four years after the Court's judgment, the police has continued registering FIRs as though section 66A remains constitutionally valid.
A study by the Internet Freedom Foundation attributes this to a number of factors, not least the failure to adequately notify the police and the continuing presence of Section 66A on the statute book (since the Court's authority is restricted to striking down a statute, not removing it from the statute book altogether).
SC did not strike down Section 377 in its entirety
In some respects, Section 377 could present a wider range of enforcement challenges. This is because unlike Section 66A, the SC did not strike down Section 377 in its entirety.
Instead, it chose to strike it down only to the extent that it applies to consensual sexual activity between adults in private.
Non-consensual sexual activity, as well as sexual activity involving children, can continue to be prosecuted.
Therefore, the briefing to the lowest levels of enforcement needs to convey the nuanced message that Section 377 may be enforced in some ways, but not others.
Achieving equal citizenship for members of the LGBT community: Dislodging deep-seated prejudices
The SC judgment represented the tip of the iceberg in terms of achieving equal citizenship for members of the LGBT community.
This is exemplified by the recent comments of the Indian Army chief noting that homosexuality would not be tolerated in the armed forces.
Implicit in that comment are deep-seated prejudices, including that homosexuals are inherently "weaker" or more likely to be tempted or distracted during the performance of their duties than their heterosexual colleagues.
Until these prejudices are dislodged, LGBT people will continue to suffer discrimination.
The SC chose to restrict its decision to the question of decriminalization without commenting on other rights that would extend equal citizenship to the community may have been the product of an intelligent litigation strategy.
It was widely accepted that the Court's observations in the right to privacy judgment would inevitably result in Section 377 being struck down.
While the government left the constitutionality of Section 377 to the "wisdom of the court", it argued that the Court should only go so far and no further.
The current government and its successor following the next election cycle must hold themselves to the other side of this argument.
Otherwise, Section 377 will continue to cast its shadow long after the Court's historic decision.
[op-ed snap] Freedom's second coming
Polity | Mains Paper 2: Laws, Institutions & Bodies Constituted For The Vulnerable Sections
Mains Paper 2: Governance | mechanisms, laws, institutions & Bodies constituted for the protection & betterment of these vulnerable sections
From UPSC perspective, the following things are important:
Prelims level: Section 377
Mains level: Decriminalisation of sex between consenting adults and its relation to fundamental as well as human rights
Section 377 verdict
The Supreme Court has decriminalised sex between consenting adults in private under Section 377
Section 377 IPC is irrational, indefensible and arbitrary, the Supreme Court ruled
The sexual orientation of each individual in the society must be protected on an even platform, for the right to privacy and the protection of sexual orientation lies at the core of the fundamental rights guaranteed by Articles 14, 15 and 21 of the Constitution
The LGBT community possess the same human, fundamental and constitutional rights as other citizens do since these rights inhere in individuals as natural and human rights
Respect for individual choice is the very essence of liberty under law
Section 377 wrongly used
Section 377 IPC assumes the characteristic of unreasonableness, for it becomes a weapon in the hands of the majority to seclude, exploit and harass the LGBT community
It shrouds the lives of the LGBT community in criminality and constant fear mars their joy of life
They constantly face social prejudice, disdain and are subjected to the shame of being their very natural selves
Impact of the judgment
It has freed the LGBTQI communities from the yoke of a colonial law
The LGBTQI communities can now walk tall and openly with their heads proud and held high as equal citizens with dignity, liberty and fraternity
Mx Of Bombay Indian Inhabitant vs M/S. Zy And Another (1997) verdict directed that all HIV positive persons who were functionally fit to do the work could not be denied a job in the state or public sector
Naz Foundation filed the writ petition in the Delhi High Court
It was dismissed by the Delhi High Court on the ground of maintainability
In the challenge to that order, the Supreme Court firmly said that the matter must be decided on merits and not technicalities
Ultimately, the Delhi High Court, in a seminal judgment in Naz Foundation, pronounced the decriminalisation of sex between consenting adults in private
The euphoria of the high court verdict was short lived because the Supreme Court in Suresh Kumar Koushal vs Naz Foundation trumped it
The first blow to Koushal came with the NALSA vs Union of India (2014) judgment which granted gender recognition on a self-identification basis to the transgender communities
The privacy judgment of KS Puttaswamy vs Union of India and Others (2017) held that the treatment of privacy in Koushal was wrong
Navtej Johar vs Union of India case reaffirmed Delhi HC's verdict of Naz foundation in September 2018 judgment
Challenges on equality and discrimination
The LGBTQI communities in India have not received their rightful share in all spheres of life
They have been discriminated against in employment, in education, services and all other spaces, both in the public and, especially, the private sector
There is no law at the moment which removes this discrimination
Similarly, the law on rape is inadequate to address non-consensual sex other than within the binary of man-woman sex
Such is also the case with sexual harassment
There will be the demand for a same-sex marriage law
Though that may take time, as it has in many other countries, a civil partnership law can easily be brought in as an interim measure
[op-ed snap] Who's responsible for modernizing a 150-year-old law?
Polity | Mains Paper 2: Seperation Of Power
Post date Live Mint
Mains Paper 2: Polity | Separation of powers between various organs dispute redressal mechanisms & institutions
Prelims level: Fundamental Rights
Mains level: Right to privacy and its role in the repeal of Section 377
Debate over Section 377
A five-judge bench of the Supreme Court just concluded its hearing on a law that traces its history back nearly 500 years
Section 377 of the Indian Penal Code (IPC) is modelled on Britain's Buggery Act of 1533
The "vice" of sodomy and bestiality that forms the basis of this offence in today's Section 377 can be traced directly to that ancient law
Origins of Section 377
Section 377 reads as follows: "Whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to a fine."
The law found its way to India when the architect of India's IPC in 1860, Thomas Macaulay (often credited with bringing English education to India), added it into the code
The terms "carnal intercourse" and "against the order of nature" are not defined precisely anywhere in the code
Delhi HC exclusion
In a landmark judgement in 2009, the Delhi high court, opining on Section 377, excluded acts of carnal intercourse by consenting adults in private
The court found Section 377 to be inconsistent with the fundamental rights under Article 13(1) of the Constitution
Additionally, it was found to be in violation of the right to privacy and dignity (Article 21), freedom of expression and right to equality (Article 19 (1) and Articles 14 and 15)
The judgement also stated that it would unfairly target the LBGTQ+ community because the acts that are criminalized are closely associated with homosexuality
The Delhi bench, adding practicality to wisdom, said that "this clarification will hold till, of course, Parliament chooses to amend the law to effectuate the recommendation of the Law Commission of India in its 172nd Report"
This report suggests the complete recast of several sections of the IPC, and, in so doing, recommends the deletion of Section 377 altogether
SC's disagreement with Delhi HC
A two-judge bench of the Supreme Court overruled the Delhi high court judgement on the grounds that it was legally unsustainable
The bench took a literal and technical view rather than the wider sweep that the Delhi high court had applied, putting legal technicality above judgement and wisdom
Philosophical dichotomy prevails
This philosophical dichotomy is at the root of the legal debate on Section 377
One side (the literalists) holds that Parliament must enact laws that the judiciary should enforce, and, therefore, it is up to Parliament to change the law
The other side (the pragmatists) has always maintained that the courts must opine if Parliament is unable or unwilling to modernize a 150-year-old law
SC might favour Delhi exclusion
There have been many statements made by the bench that make it sound likely that the court will rule in favour of the Delhi exclusion
Justice Rohinton Fali Nariman has said that the whole object of the fundamental rights chapter is to give power to the court to strike down laws that majoritarian governments do not touch due to political considerations
If Section 377 of the IPC goes away entirely, there will be anarchy
We are solely on consensual acts between man-man, man-woman. Consent is the fulcrum here. You cannot impose your sexual orientation on others without their consent
One other factor in favour of the Delhi exclusion is an intervening and major judgement on privacy made in the Puttuswamy case
A nine-judge bench upheld the right to privacy as a constitutional right in 2017
That judgement will likely combine with a pragmatist view and offer the Delhi exclusion on Section 377
Judicial overreach or judicial interpretation
The broader question on whether the right to privacy in the Puttuswamy case and the Delhi exclusion on Section 377 imply judicial overreach or merely judicial interpretation in the context of weak and highly political governments, remains
The nine-judge bench for Puttuswamy and the five-judge bench on Section 377 (if they rule in favour of the Delhi exclusion) will make it settled law for now
The only purpose for which power can be rightfully exercised over any member of a civilised community, against his will, is to prevent harm to others. His own good, either physical or moral, is not a sufficient warrant
[op-ed snap] Beyond Section 377
Polity | Mains Paper 2: Indian Constitution - historical underpinnings, evolution, features, amendments, significant provisions and basic structure
Mains Paper 2: Polity | Indian Constitution- historical underpinnings, evolution, features, amendments, significant provisions and basic structure.
Mains level: The newscard highlights the issue of India's sexual minorities that need not only decriminalization but rights and protections.
Same-gender sex
It remains a crime in the country ever since the constitutional validity of Section 377 of the IPC was upheld in Suresh Kumar Koushal (2013) Case
What is Section 377: It criminalises sexual activities that are "against the order of nature", including consensual sex between couples who are from the LGBTQI community(lesbian, gay, bisexual, transgender, queer, intersex)
Reconsideration by Supreme Court
The Supreme Court is presently hearing a clutch of petitions to strike down Indian Penal Code Section 377, which criminalises same-sex relations between two consenting adults in private
One of the lowest moments for human rights in India came in 2013 when the Supreme Court reversed the progressive 2009 judgment of the Delhi High Court reading down Section 377.
Though supportive in its initial observations, surprisingly, the Supreme Court has also said that it will concern itself only "with the question of the validity of Section 377, and examine the correctness of the Supreme Court's 2013 judgment".
Old judgement, defies Constitutional Validity
This reconsideration tries to interpret a broader human rights and justice issue as a matter of pure constitutional validity.
The law is not abstract and it's important to consider how insufficient law impacts the lived experiences of human beings.
Instead of focusing on the question of validity alone, the Court also needs to concern itself with how current laws impact the lives of the LGBTQI community.
This judgment stands as a reminder that rights that ensure inclusiveness, equality, and freedom are the fundamental values of this republic.
Court favors Individual Privacy: Puttaswamy vs. Union of India Case
There is also the matter of the Court's own precedent in another recent ruling — one that found in favour of individual privacy — in the case of Puttaswamy vs. Union of India which terms "sexual orientation" an essential attribute of "identity" and "privacy".
It terms discrimination on the basis of sexual orientation as deeply offensive to the "dignity and self-worth of the individual".
It terms the rights of India's sexual minorities as those "founded on sound constitutional doctrine" effectively making Section 377 unsustainable.
In principle, it maintains that sexual orientation must be protected and lies at the heart of the fundamental rights guaranteed by the Constitution under Articles 14, 15 and 21.
Freedom in the absence of protection
Court needs to expand the ambit of this discussion to include other issues such as the right to form partnerships, inheritance, employment equality, protection from gender-identity-based discrimination, and so on.
Instead of merely considering the petition as a narrow legal matter, it should examine the issue from the perspective of an institution that is committed towards ensuring equality for all.
Without these rights, sexual minorities will continue to face unequal treatment, abuse, discrimination in workplaces and housing, violence, and denial of recognition.
The Court should also consider closely the fact that individual dignity and freedom cannot be achieved without equal rights.
Battling Patriarchy
There is sufficient evidence to show that suicide rates are higher among sexual minorities.
Moreover, this lack of rights and protections feeds a homophobic culture that overemphasises and further empowers patriarchy and masculinity.
Because of widespread homophobia, gay men and women create and inhabit sub-cultures of self-hate, internalised homophobia, and oppression.
Public health evidence also indicates a clear relationship of a lack of social acceptance and legal rights with substance abuse, violence, isolation, and mental illness.
A rights-based framework is intricately tied up with India's quest for social and economic development.
It's time the Court recognised that India's sexual minorities need not only decriminalization but rights and protections that help them build productive lives and relationships irrespective of gender identity or sexual orientation.
They need an anti-discrimination law that empowers them and places the onus on the state and society to change.
SC notice to govt. on petition to outlaw Section 377
Polity | :
Mains Paper 1: Social issues | Social empowerment
Prelims level: Section 377, Article 21 of the Constitution
Mains level: Suresh Kumar Kaushal versus Naz Foundation case and its implication on human as well as fundamental rights
Striking down section 377
The plea seeks the 'Right to choice of sexual orientation' to be declared as part of the fundamental right to life and personal liberty under Article 21 of the Constitution
Revisiting its previous ruling
SC has decided to revisit a December 2013 verdict of the Supreme Court in Suresh Kumar Kaushal versus Naz Foundation
It dismissed the LGBT community as a negligible part of the population while virtually denying them the right to choice and sexual orientation
The reason for review given by SC was 'a section of people cannot live in fear of a law which atrophies their right to choice and natural sexual inclinations'
Societal morality changes with time and the law should change pace with life
The court observed that what is natural for one may not be natural for the other, but the confines of law cannot trample or curtail the inherent rights embedded with an individual under Article 21 (right to life)
Section 377 of the Indian Penal Code
Section 377 is an archaic law that was introduced during the British era in the 1860s and makes gay sex a crime for which the punishment can be a life term
This also has implications for heterosexuals, as consensual sexual acts of adults – oral and anal sex in private – are currently treated as unnatural and punishable under Section 377 of the Indian Penal Code
Section 377 of the Indian Penal Code states, "Whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine"
In 2009, the Delhi High Court had described Section 377 as a violation of the fundamental rights guaranteed by the constitution
In 2013, the Supreme Court canceled the Delhi high court order and re-criminalized homosexuality. It said that it was the job of the parliament to decide on scrapping laws
Supreme Court refers plea to decriminalise homosexuality under Sec. 377 to larger Bench
Prelims level: Section 377 of the Indian Penal Code, Suresh Kumar Kaushal vs. Naz Foundation case, NALSA case, right to privacy case, Article 21 (right to life)
Mains level: Transgender rights and judiciary's role in ensuring their implementation
Petition to quash Section 377 of the Indian Penal Code
The Supreme Court has referred to a larger Bench a writ petition filed by five petitioners to quash Section 377 of the Indian Penal Code which criminalises homosexuality
The apex court said a section of people cannot live in fear of the law which atrophies their right to choice and natural sexual inclinations
It said societal morality changes with time and law should walk and change pace with life
SC to revisit its previous decision
SC decided to revisit its December 2013 verdict in Suresh Kumar Kaushal vs. Naz Foundation which dismissed the LGBT community as a negligible part of the population
It also virtually denied them the right of choice and sexual orientation
SC observed that judgments emphasising the transgender identity in the NALSA case and the observations made by a nine-judge Bench in the right to privacy case upholding the right to sexual orientation and choice of sexual partners warrant a relook into its dismissive verdict in the Naz case
Consensual sex requires more protection
The court observed that what is natural for one may not be natural for the other, but the confines of law cannot trample or curtail the inherent rights embedded with an individual under Article 21 (right to life) of the Constitution
Individual autonomy and individual natural inclination cannot be atrophied unless the restrictions are determined as reasonable
The court said the concept of consensual sex may require more protection
[op-ed snap] Target Section 377: On decriminalising gay sex
Once you are done reading this op-ed, you will be able to attempt the below.
By the latest Supreme Court verdict, sexual orientation is an aspect of the right to privacy and an inalienable part of human dignity, freedom, and personal liberty. Comment
Mains level: Issues related to LGBT (Lesbian, Gay, Bisexual and Transgender) rights
The SC has laid the foundation to decriminalise consensual gay sex
While declaring that the right to privacy is a fundamental right and an inherent component of human liberty and dignity, the nine-judge Bench has observed that the rationale behind the Koushal judgment is flawed and unsustainable
It has said the rights of LGBT persons are real rights founded on sound constitutional doctrine and not "so-called rights" as the earlier Bench had described them disdainfully.
The claim made in Koushalthat there was no need to challenge Section 377 because the LGBT community constitutes only a minuscule minority has been completely discredited.
It was unreasonable to advance the view that constitutional protection is available to a group based on its size
This week's ruling on privacy rights contains a clear enunciation of the constitutional basis for protection of rights based on sexual orientation.
Transgenders, even though insignificant in numbers, are entitled to human rights, another Bench had observed in National Legal Services Authority (2014), in a subtle hit at the "minuscule minority" formulation in Koushal.
Significantly, it advocated the adoption of the Yogyakarta Principles
What is Yogyakarta Principles
These are norms on gender identity and sexual orientation adopted by human rights experts in 2006 in Indonesia.
A key principle is that discrimination based on sexual orientation and gender identity must end
By commending this norm, the court has located sexual orientation not only as a freedom flowing from the right to privacy, but as demanding of non-discriminatory treatment.
Progressive move on transgenders
News: Prime Minister told BJP MPs that the Govt is serious about getting the Transgender Bill granting certain protections and a legal status to the transgender community
PM: A progressive move being taken by the Govt, and urged MPs to reach out to the community to educate them on the finer points of the Bill
Background: The Bill was first cleared as a private members Bill in the Rajya Sabha, and now the Ministry of Social Justice and Empowerment is to pilot it in the Lok Sabha as a Govt Bill
SC observes that gays, lesbians, bisexuals are not third gender
News: The Supreme Court (SC) clarified that its earlier verdict did not include lesbians, gays and bisexual persons under the category of transgenders
Context: In 2014, the SC had recognised transgenders as a "third gender" and directed the government to ensure a dignified life for them
However, the government has still not implemented the 2014 verdict and has returned to the SC seeking further clarifications
Re-examine colonial laws, says Amartya
Context: The colonial laws that still govern us even after 68 years of Independence
Opinion: These colonial laws must not remain unchallenged
Law's in Question: Sec 377 of IPC criminalises homosexuality and under Sec 295A of IPC, a person could be sentenced for hurting religious sentiments
Law's in Question: Sec 377 of IPC criminalises homosexuality and under Sec 295A of IPC, a person could be sentenced for hurting religious sentiments of the Indian Penal Code
Five-judge Constitution Bench to take a call on Section 377
The SC referred a batch of curative petitions against Section 377 of the IPC.
A colonial-era provision criminalising consensual sexual acts of Lesbian, Gay, Bisexual and Transgender (LGBT) adults in private.
A 3-judge Bench gave credence to arguments that the threat imposed by the provision amounts to denial of the rights to privacy and dignity.
This results in gross miscarriage of justice.
The petitions pose several questions with "constitutional dimensions of importance".
As per the apex court's Rupa Hurra judgment in 2002, the Bench considering curative pleas should necessarily have the 3 top judges of the SC.
Provision denies rights to privacy and dignity, court told.
Whose law is it anyway
Section 377 of the Indian Penal Code, criminalising gay sex, which was upheld by the Supreme Court, was passed in 1860 by the British who were then steeped in Victorian mores.
Today, while the former colonisers have ensured equality through legislation, irrespective of sexual preference, for their citizens.
Indian politicians are clinging to the cloak of colonialism and representing it as Indian culture.
India is not one culture. It is and always has been a mosaic of cultures.
Mid-18th century South Asia was teeming with communities that allowed sexual freedoms which left the colonisers very uneasy.
Most laws passed by the British from the mid-19th century onwards,including Section 377, emerged from their cultural views, not ours.
The recriminalisation of gay sex will also have high economic costs.
The law can also be misused against political opponents, criminal conviction of Malaysia's former deputy prime minister, Anwar Ibrahim, of sodomy being a case in point.
Those making a cultural case for Section 377 need lessons in South Asian history.
IPC & the need for modernisation
Source-udayvani.com
The promise of criminal law as an instrument of safety is matched only by its power to destroy. It is arguably the most direct expression of the relationship between a state and its citizens.
Amid the debate on the archaic sedition law that should have no place in democratic India, President Pranab Mukherjee said that the IPC, 1860 requires a thorough revision to meet the needs of the 21st century. Click here to know everything about sedition law
The code was drafted in 1860 on the recommendations of first law commission of India established in 1834 under the Government of India Act 1833 under the Chairmanship of Thomas Babington MacaulayAnswer in comments.>
It came into force in British India(but not princely states) during the early British Raj period in 1862
After the partition of the British Indian Empire, the Indian Penal Code was inherited by its successor states, the Dominion of India and the Dominion of Pakistan, where it continues independently as the Pakistan Penal Code and later in B'desh also
Jammu and Kashmir does not follow IPC but has enacted a separate code known as Ranbir Penal Code (RPC) which is based on IPC
Some notable points:
The IPC replaced Mohammedan Criminal Law, which had a very close relationship with Islam. Thus, the IPC laid the foundation of secularism
It was widely appreciated as a state-of-the-art code and was, indeed, the first codification of criminal law in the British Empire
Today, it is the longest serving criminal code in the common-law world
Today, most of the commonwealth follows the IPC
Law Commission on IPC:
42nd Report (1971)– Law Commission of India for the first time had recommended the repeal of Section 309 (criminalization of suicide)
172nd Report (2000)– Recommended deletion of Section 377 (criminalization of unnatural sexual offences)
210th Report (2008)– Recommended Humanization and Decriminalization of Attempt to Suicide under Section 309
Past attempts at amendment:
Even though the IPC has been haphazardly amended more than 75 times, no comprehensive revision has been undertaken in spite of the 42nd report of the Law Commission in 1971 recommending it
Also the amendment bills of 1971 and 1978 lapsed due to the dissolution of the Lok Sabha
As a result, largely the courts have had to undertake this task, with unsatisfactory outcomes at times
Most amendments have been ad hoc and reactive, in response to immediate circumstances like the 2013 amendment after the Delhi gangrape case
Why amend IPC?
The philosophical stance and fundamental principles of Macaulay's code were the product of imperialist policy <designed to meet colonial needs to subjugation and exploitation of India and Indians, sedition law for instance>
Some of the concepts underlying the code are either problematic or have become obsolete
there are many new offences, which have to be properly defined and incorporated in the code
Macaulay had himself favoured regular revision of the code whenever gaps or ambiguities were found or experienced
In 1860, the IPC was certainly ahead of the times but has been unable to keep pace since then
Specific cases or problems:
Sedition law, inserted in 1898: It is legitimate to ask whether we need a law on sedition that we ourselves condemned during the Raj. Learn more about sedition law here
Section 295A, The offence of blasphemy: It should have no place in a liberal democracy
Criminal conspiracy: It can be invoked merely when two people agree to commit an offence without any overt act following the agreement.
It was added in 1913 by the colonial masters to deal with political conspiracies.
Kehar Singh etc were convicted and sentenced to death under the offence of conspiracy ,, though none of them participated in the actual crime or were present at the scene of the crime.
Section 149, Unlawful assembly: The principle of constructive liability under this law is pushed to unduly harsh lengths.
Mere membership of the assembly without any participation in the actual crime is sufficient for punishment.
Several persons have been sentenced to death and hanged though they were not even present near the scene of the actual crime.
The distinction between "culpable homicide" and "murder" is criticised as the "weakest part of the code", as the definitions are obscure
Sexual offences under the code reveal patriarchal values and Victorian morality.
Section 377: Unnatural sexual offences (LGBT right). Want to know about argument of Delhi high court in decriminalizing homosexuality, click here to read about Naz Foundation case
Source-dailymail But why supreme court, parliament itself should repeal the law
Contrarian view point of Justice Hegde
We should not repeal something just because it's 150 years old.
On Sedition: He favours the sedition law as some restrictions are needed to stop people from abusing and talking against the country. "I believe in sedition law. I am a patriot. Any patriot cannot go on abusing the country. There are certain parameters." He points to distinction b/w criticizing the person (prime minister), policies, system v/s abusing the state
On IPC: We can not just scrap Indian Penal Code because somebody is involved in a crime (and wants it to be scrapped)
We can not just ape west. Ground realities in India and west are very different and they demand different levels of freedom of expression and religious freedom.
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Category: English
English, Poland & UK, Uncategorized
Daniel welcomes a group of Polish Citizens to Parliament
October 18, 2019 by fbgt59
English, Uncategorized
Daniel Kawczynski MP questions the Prime Minister on the Nordstream II Pipeline
July 20, 2018 August 6, 2018 by fbgt59
English, Europe
Telegraph: Fears of Russian 'blackmail' over gas pipeline to Germany
March 17, 2018 August 6, 2018 by poles4daniel
Boris Johnson is being urged to join Britain's European allies opposing an attempt by Russia to boost the country's "economic influence" over the continent with a new pipeline transporting gas directly to Germany. A coalition of MPs, including Iain Duncan Smith, the former Conservative leader, and Daniel Kawczynski, the chairman of the all-party parliamentary group on [...]
English, Europe, Poland & UK
Daniel Kawczynski: After we escape the EU, we must help other countries to protect their sovereignty from Brussels
December 30, 2017 August 6, 2018 by poles4daniel
Daniel Kawczynski defends the Pound and Polish Zloty.
English, Poland & UK
Daniel Kawczynski MP critical of EU move on Poland
On Wednesday, the EU threatened Poland with the withdrawal of voting rights over its concerns about policies it claimed threaten the independence of the country's judiciary. Frans Timmermans, vice-president of the commission, said that in two years 13 laws had been adopted that put at serious risk the independence of Poland's judiciary and the separation [...]
Kawczynski begins cooperation with Poland's Deputy Prime Minister Gliński
December 7, 2017 August 6, 2018 by poles4daniel
On 7th December Daniel Kawczynski MP met with Poland's Deputy Prime Minister and Minister for Culture, Piotr Gliński. Amongst the issues discussed, politicians spoke about Poland's looted art during the Second World War and the era of communism. A number of artworks appear at London's auction houses, such as Sotheby's, and are illegally sold. Kawczynski [...]
Shrewsbury's MP calls for Germany to pay $1trillion war reparations to Poland
October 17, 2017 August 6, 2018 by poles4daniel
The Conservative has written to Mrs Merkel asking her to act while the remaining victims of the Second World War are still alive. It follows calls from a number of Polish politicians over the issue of war reparations. Around six million Polish people were killed during the war and much of Warsaw was destroyed. In [...]
Anti-Discrimination, English, Europe
Polish-born MP accepts honour for relative who saved Jews during the Holocaust
September 19, 2017 August 6, 2018 by poles4daniel
Polish-born MP received an award in Warsaw on Monday in honour of his great-uncle who sheltered seven Jewish families during the Holocaust before being discovered and killed. Daniel Kawczynski, the MP for Shrewsbury and Atcham, picked up the 'From the Depths Zabinski Award' on behalf of his grandfather's brother Jan. Speaking to Jewish News ahead [...]
MP Daniel Kawczynski: My family was murdered by the Nazis
September 7, 2017 August 6, 2018 by poles4daniel
No matter the years that pass by, the horror and the sheer inhumanity of the Nazi actions do not diminish and nor should they. Just as we should never be allowed to forget the abhorrent actions of many people who would have considered themselves normal members of society, it's equally important that we celebrate those [...]
Kawczynski for Conservative Home: Britain and Poland are strategic partners
August 12, 2017 August 6, 2018 by poles4daniel
There are many reasons why a partnership between two countries may flourish. Historical factors – and a legacy of working together – will always play a role. As will co-operation on issues of strategic importance, such as defence and trade. A shared vision for the future is increasingly more than just a nice to have, [...]


The Chateau Ramezay was established in 1895 after being bought in 1894 by the Numismatic and Antiquarian Society of Montreal. It is a museum dedicated to conserving the heritage of Montreal life and development.
The Chateau was built in 1705 for the governor of Montreal, Claude de Ramezay. It has the honor of being the first building declared a historical monument in Quebec. It was designated a National Historic Site of Canada in 1949. From 1775, the Chateau was home to Canadian Headquarters of the Continental Army when Montreal was seized. It then passed to the role of governor's residence once again. It also has had the honor of being the host of the Université de Montréal's first Faculty of Medicine.
There is a range of both temporary and permanent exhibits to view. The exhibits consist primarily of artefacts donated by private residents of Montreal. The collection is an estimated to have about 30 000 artefacts. In order to find out what is on display in the temporary exhibits, visit the website. One of the permanent exhibits is the multimedia circuit which is available in six languages. The story of the history of the Chateau is told by Claude de Ramezay, Gilles Hocquart and others. The Hochelaga, Ville-Marie and Montreal exhibit is a showcasing of various points in Canada's history from Amerindian prehistory to the 20th century. The third permanent exhibit is a showcasing of life in Montreal in the 18th century.
The gardens are a replica of a French colonial garden. Most of the plants that are used in the gardens are hybrids of the original species cultivated in New France. They are designed to be genetically close to those used in the original gardens.
The museum also offers a range of educational and cultural activities to occupy those who do not wish to simply stroll through its halls.
Fee: Yes - Discounts are available to CAA/AAA members - See the official website for details.
By Metro: Take Metro Line 2 to Champ-de-Mars Station and exit via Saint-Antoine Trottoir Sud (South Exit) onto Gosford Street; walk southeast one block to Rue Notre-Dame East and turn right. The entrance to Chateau Ramezay is just ahead on your left.


The Game Boy Color was the first foray into portable gaming for many. Its simple, pocketable form and sturdy build made it the perfect entertainment device for kids. Its vast library of games made it the perfect companion for long car rides, birthday parties, a trip to grandmas, or Saturday mornings lounging on the couch. It was a major step up from its predecessors, the Game Boy and Game Boy Pocket, boasting improved processing speed and a glorious color display. However, the lack of a lit screen meant playing at night was a hassle, requiring you to sit directly under a light source or utilize one of the many available accessories, such as the infamous "worm light".
With back-lit screens coming standard with all modern portables, this first-world problem is a thing of the past, but there's something special about going back and playing the old classics. Sure, many can be downloaded on the 3DS virtual console or emulated on one of the many obscure handhelds being produced, but it just doesn't feel quite the same. And while the Game Boy Advance SP is wonderfully designed, there's no denying how great a Game Boy Color feels in the hands, not to mention the nostalgia it brings.
There were many copycats clambering to cash in on Nintendo's success, releasing all manner of knockoffs, many of which were nothing more than simple one-game machines with a shell made to resemble a Game Boy. However, there were a handful of respectable clones that played the original software, and a Chinese company by the name of Kong Feng were one such producer, cloning the Game Boy Pocket (GB Boy) and then the Game By Color (GB Boy Colour). They later came out with a GBA SP model, but it's just the GB Boy Colour with a different shell.
The GB Boy Colour, in addition to playing original Game Boy and Game Boy Color cartridges, supports multiplayer via link-cable, has a headphone jack, and can be powered via AC adapter. It does have an infrared lens, but there don't appear to be any infrared LEDs inside. Physically, it's practically identical to the real thing, though it is slightly bigger, and has a rectangular screen which distorts the graphics ever so slightly. The buttons don't quite live up to Nintendo standards, but clones never do. They're less mushy and more firm (which makes quickly rocking the D-Pad a little more difficult), but they're not terrible by any means and are quite comfortable. Unlike a lot of knockoff handhelds, this one is surprisingly well built. It's got some weight to it and doesn't feel like it'll crumble under the force of your thumbs. The battery life is excellent, giving enough playtime even on store-brand batteries to play through the majority of Link's Awakening, and the speaker is significantly louder than that on the original GBC. When they're almost out of juice, the system will repeatedly reset to the boot screen.
Aside from the back-lit screen, the biggest reason to hunt one of these units down is for the built-in games. The box touts a whopping 188 titles, but it's really 66 listed three times each. Unfortunately, not every GB Boy Colour out there comes with these on-board games for one reason or another, so make sure you know what you're buying if you do decide to pick one up. This handheld was produced in blue, green, yellow, crystal blue, crystal purple, and crystal green.
Whether you're a handheld enthusiast looking for the next cool toy for your collection or just want to experience those classic games from your childhood a second time around, the GB Boy Colour is well worth owning.
Hey, just stumbled upon this, because I received my gb boy colour today. How can I access the build in games (didn't even know, there were any)? If I turn the gb boy on without a cardridge in it, it just shows the logo screen and nothing more happens . This little fellow is in deed worth his money, totally glad I managed to get one.
That would be how you access the games if it had them, so your unit must not. I don't think the ones with on-board games are made anymore. I'm not even sure if the ones without are still manufactured, but they had a sticker dated 2013 on them. Not sure if that's a manufacturing date or when they inspected the unit to make sure it still works. If its any consolation, the ones with built-in games are said not to be able to play larger games like Pokemon. Either way, definitely a cool unit to have. I think I'll eventually end up picking up a multicart for mine.
Are there games like Mario, Zelda, Megaman, etc?
It seems they've recently started producing the models with built-in games again. From the images I've seen, there are Pokemon, Zelda, and mario yes.
The first GB Boy Colour I bought seemed to develop a problem with dpad down and a single bad pixel (can only see it on black screens) the second one I bought is perfect. Yes it's another 27 bucks, but still cheaper than a few rounds with the boys on a Friday night, and good clean fun to boot!
I managed to fix the first one by replacing the rubber contacts part beneath the dpad with one from a GBA replacement kit I bought for another project.
Using one from a GBA you have to manually align the rubber part with the dpad as the alignment holes in the rubber don't match, but the GBA dpad has a raised center making it fit a little tighter.
Dpad performance is so much better now that I may swap out the one on my second GB Boy Colour.
I was impressed by the fix. It feels and plays great.
I used a vertical scrolling shooter as a test and experienced a night and day difference in dpad performance and feel.
Your mileage may vary of course but I wanted to share this in case it may help...someone get a little more out of their GB Boy Colour investment.
So I have one perfect one that pretty much stays in the box, and the repaired one that I combined with a cheap 108 game multicart (yeah, clone on clone action) for a good selection of games and an inexpensive but good playing piece I can throw in my bag for daily use.
i ordered mine still have to receive it, the reviews i read so far is great for a $25 handheld clone so i am confident that it will live up to my expectations.
Hey where could i purchase a gb boy color?
I have a gb boy colour with the built in games and yes, it can play Pokémon. Just be careful not to rush the title screen too fast. Wait for the intro to end, then press the continue button. Wait a few seconds then press the save file button. Then wait a few more seconds and press the save file and you are good to go. I did not know the 66 in 1 versions were rare because I received yesterday on January 22nd in 2017. Also people say the buttons are cheap feeling on the contrary. I believe they are actually pretty good and are easy to press. However the d-pad is not as good as the original. Also I would say the aspect ratio makes little to no difference when playing most games. I hope this comment helps!
A. I realize I made tow grammar errors sorry.
So you can play other gb and gbc cartridges with this?


This Ali son is not only calving ease, but he has the extra rib shape, sound structure and bone that most calving ease bulls lack. We expect his progeny to be soft, sound, hairy, and very clean not only through their body make up, but his genetics because he is free of TH and PHA. That's just an added bonus and why this bull is on an Ego Trip.


Cinema does nothing more than opening for the time of a passage to the luminous presence of the Other. Cinema teaches us to tirelessly touch with our eyes where and at what distance from me the Other begins.
Conversation about the film screened and first session of analysis of the works delivered by the participants.
Second screening and analysis of a classic film, giving special attention to the tools used by the writer to create the characters and build the story.
Conversation about the film screened and second session of analysis of the works delivered by the participants.
Antonio Piazza is a Sicilian filmmaker and producer. He has worked as writer, development consultant and acquisition consultant for major Italian production companies, such as Fandango and Filmauro. In 2004 he wrote with Fabio Grassadonia the film Ogni volta che te ne vai, a romantic musical comedy set among the night clubs of the Romagna coast, produced by Fandango. In 2009 the same partnership between Antonio and Fabio gave life to the short film Rita, now one of the most successful Italian short films ever, presented in more than 100 festivals including Cannes, Rotterdam and Edinburgh winning dozens of awards. Antonio and Fabio are now in post-‐production with their feature film Salvo, a French-‐Italian co-‐production with the support of Arte France and Eurimages, and Antonio continues his activity as a script consultant collaborating also with the Berlinale Residency.
The group for the workshop is limited up to 7 people. To join the 3 day workshop, please register sending a few lines with your motivation to info@rupert.lt by the 1st of March.


text:
OB Planning Board Fails to Block Incompatible 2 Story Houses on Brighton
by Frank Gormlie on March 6, 2014 · 37 comments
in Culture, Economy, Environment, History, Ocean Beach
Board members (in seat order L to R): Kevin Becker, Barbara Schmidtknecht, Scott Therkalsen, Gio Ingolia, Tom Gawronski, Pete Ruscitti, Rae Hartigan, Drew Wilson, Andrew Waltz, John Ambert, Bill Bushe.
Last night, the OB Planning Board approved the project at 4746 Brighton Avenue – a project that involves the demolition of an older, existing house on a large lot and the construction of two 2-story houses – that several Board members described as "incompatible" with the surrounding neighborhood and with the new Precise Plan.
Yet, by a vote of 7 to 4, the Board approved the project.
After the developer's adult son Yale Jallos had made his presentation to the full board, audience members and then Board members had their say. Jallos had already made one pitch at the Board's subcommittee, the Project Review committee, on Feb. 19th, and they had simply punted the project for the entire Board to consider without approving or denying it.
It was a full house in the audience as I counted 30 people in the chairs.
Last night Jallos claimed that he had modified his plans from suggestions and requirements that the review committee had pushed in order it to be more friendly to neighbors. An issue was the original design blocking sunlight getting to back units on the adjoining property. Another issue Board members focused on was the proposed 6 foot front fence.
Jallos said his new design – although he didn't have any new visuals – showed that one house had been stepped back on the lot, and the entire second story on one of the houses had also been stepped back nearly 5 feet. He promised "more sunlight coming from the east and more sunlight coming from the west." His design, Jallos said, "has a lot of soul," and that the design "is not trying to look like things from history."
Both houses will have 3 bedrooms and 2 1/2 baths on the 5,000 square foot lot, which will now have two tall houses side by side. Jallos – trying hard to be liked – said he could have designed 4 houses but only is doing two. Plus, he reminded the Board, his houses are just under the 30 foot height limit and are within the FAR. He defended his 6 foot fence "to keep the drunks out" as the first 3 feet is solid, and the other 3 feet 50% solid.
The building designs are of a distinctly "modern" type with glass, aluminum and stucco materials producing two narrow houses, with very little distance between them and both presented at the street.
Jallos said he planned to live in one of the units. One Board member recalled that when Jallos appeared before the Board a while ago proposing two other similarly-designed 2 story houses which were approved, he also told them then that he planned to live in one of them. Both were sold however later after construction – and obviously he wasn't living in any of them.
Several members of the audience questioned Jallos about the lack of compatibility with the surrounding homes, plus one couple who came in together each got up and said they liked the design.
Neighbor Lisa Shook read Dixie Brien's letter – also read at the Project review meeting – that asserted that the design was not compatible with the rest of the block, and called them "shoe-box prisons" and complained that two large trees were torn down to make way for the project. Brien is an adjoining property owner.
Shook also read another letter from Kevin, a property owner, who questioned whether designed two 2-storied houses only 6 feet apart would take away sunlight from neighbors. "This building is not by a preservationist," the letter stated, and also claimed that "this builder said he lived in the last one" and was only saying this to garner support for his project. Kevin also said in his letter that "to keep drunks out is a shallow reason for the 6 foot fence," and that the only problems on the block from drunks are during the OB Street Fair and July 4th.
Lisa also stated her opposition to the project. She presented the Board with a folder full of photos showing how her current unit will be affected by the new project and is being affected by Jallos' earlier built project – which is just across the alley from the new one. Referring to sunlight, she said "Ill lose everything."
To this, Jallos retorted, "You'll be looking at bamboo," as he had proposed adding a bamboo patch to this design.
Shook said that she had walked her block and "out of 16 homes on the block, 12 have re-modeled," but none of them have attempted to install their second units right at the street, and instead had placed them behind the first house.
Another neighbor asked Jallos about this, but he did not answer directly.
Then it became time for Board comments and nearly every member made some kind of statement – much of the latter statements echoing the earlier ones.
It was up to Board member Scott Therkalsen to make the argument that Jallos' designs were not compatible with the neighborhood nor with the OB Precise Plan.
"I like to see you," Scott said directing his comments at Jallos, "working with the community and making changes." And then he said:
I drove around that block, talked to neighbors, went back to the Precise Plan. The Plan ensures that scale and bulk are compatible.
Therkalsen cited the Precise Plan as recommending against large areas of blank surface – as these designs show – and that it calls for minimizing abrupt changes – which the design does not do. "New development should take designs from those already developed," he said, and that this building should reflect current design standards. Scott said he stood in front of Jallos' other houses, and now he must oppose this project.
Other Board members were conflicted on the project they said. Then it was Pete Ruscitti's turn. "It comes down to a judgment call," he said. "The applicant has met the requirements of the city." The 1975 Precise Plan, he said, uses the adjective "excessive" and asks fro "small scale development". Ruscitti admitted that the design "does not look like any other house in OB except the other two you built." He praised the developer for doing some modifications in response to the board and neighbor concerns. Yet he expressed sympathy with the neighbors. In the end, he gave his support to the project but "not overwhelming support" and said "the fence needs to meet code".
Member Raeanon Hartigan said the project "creates a fortress – not very welcoming." But because Jallos had made changes, she supported it. Other Board members like that Jallos had done some modifications and for those members, that was enough to support what was before them, despite not having any updated plans or drawings and only taking the developer's word for what he promised to do.
"People don't like this style," Drew Wilson said, "but we're not style police" and he had problems with the fence as "OB is open".
John Ambert gushed: "I think what you've created is beautiful", and said, " I'm on the side of property rights and support it." Jallos thanked him.
Other comments from the Board followed Ruscitti's leanings.
Chair Tom Gawronski didn't like the project however. "The bulk and scale exceed the neighborhood standards."
Finally, there was a motion to approve the project with the pledged modifications and with the fence bring brought to code. Gawronksi called for a show of hands – and it was 7 to 4 for approval. Those voting against the project included Therkalsen, Gawronski, Barbara Schmidtknecht and Giovanni Ingolia.
Those approving the project include: Andrew Waltz, Kevin Becker, Ambert, Wilson, Bill Bushe, Ruscitti and Hartigan.
Tyler March 6, 2014 at 12:24 pm
Glad it was approved, I love the look of these places. Plus they are energy efficient.
SaneVoice March 6, 2014 at 1:04 pm
Well, as long as you like them, it's ok. It's your world, we're just living in it.
Tyler March 6, 2014 at 4:16 pm
Right. Because I clearly was saying my opinion is the only valid one.
::sarcasm::
Pete R March 6, 2014 at 1:40 pm
One correction: The applicant DID bring new elevations and visual simulations to the meeting, reflecting the modifications that were requested by the Project Review Committee at the last meeting. He mounted the new and old simulations on opposite sides of his presentation board, and flipped back and forth several times for comparison purposes. (The photo in this article shows the old simulations.)
Thank you as always for the coverage.
Pete Ruscitti
Vice Chair, OB Planning Board
Frank Gormlie March 6, 2014 at 2:33 pm
Okay, stand corrected, thanks Pete. However, from the audience I would have to say the two sets of images were extremely identical. The modifications were not easily discernible.
YJ March 6, 2014 at 2:26 pm
I am the one who presented this design, and I did have the new renderings available sitting right in the front of the room, but no one took a picture. Also, there were MANY positive comments from community members about the revised design, and many people in OB who know me and came to support my project. Also, the majority of the board including some that abstained to vote were very complimentary of the deign calling it "beautiful" and commending my willingness to make changes for the community. None of this was covered in this article. The only opposition was from the next door neighbor, which is pretty much gonna happen in every construction project. Many residents from surrounding blocks are looking forward to seeing the new houses. One of which I will live in. Watch me.
Although this article was very biased, Frank does good work for OB in many cases, and I can see how the OB rag serves the community on many instances. However, I am part of this community now, first came to Ob 14 years ago and had m first job after college was here in OB. I love it, and I can finally build myself something to live in here. I will stand up for myself when not fairly represented publicly. Thanks to everyone who supported me last night I was overwhelmed by the positive comments! It means a lot guys.
obkat4ever March 8, 2014 at 2:02 pm
I was at both meeting. If you call two people speaking on your behalf MANY. More of the council spoke on your behalf with regard to the design. Also, the neighbor is not the only one against it. I spoke with people on Long Branch who informed me you bought the property when the previous owner died. Her sons couldn't afford to pay off the reverse mortgage. And just so everyone is clear, Yale himself bought up the subject, once again, that he was going to live in this house. The member responded by saying that is what he said when he asked to approve the Long Branch project and that member indicated that that was one of the reason he had voted for the project because Yale had indicated that he was going to live there. Then Yale stated at the meeting that he had lost his job and had to sell the units to save his house in Clairemont. He did fail to tell us that he is also has a job as a realtor since 2010 (he sold the units in 2012) and also owns his own business called Loma Consulting and Design (since 2010). Yale brought up the subject about living there again.
It is quite clear the the Precise Plan is questionable and most of the people who approved it stated that "technically" he followed all the rules so with regard to the planning and he did make some minor changes. He already chopped down one tree yesterday which was a monstrosity, drive by and check out the upkeep of the house. It certainly is due for demolition, however, building his design in that neighborhood is not keeping with current look.
Ok, I did speak too soon with regards to part of that statement. The article did mention some positive comments from the project by the board. Thanks, Frank. I apologize for my mistake there. But it just read in a very biased way overall, and the few negative comments received way more attention than the many positive comments in the article.
Jeannie Brust March 8, 2014 at 8:52 am
Would you contact me re this project? We would be good neighbors!
Seth March 6, 2014 at 5:53 pm
Projects like these are a tough question, to be sure. I'd say that anyone that disagrees isn't grappling with it enough. While I personally support the project and design, I do not disagree with much of anything project opponents have said. If the board doesn't take a strict interpretation of their own Precise Plan, how can anyone else be expected to? The proposed structures are clearly bigger in scale than the neighboring ones, particularly on the street side. That's not debatable. One can certainly argue that they represent a form of gentrification, which is basically "death by a thousand cuts" in practice, as one former board member put it. Like most everyone else, my own preference would be to see the preservation of small-scale cottage development, front yards and "openness" that was referred to last night in terms of OB's character.
With that said, there was little chance of even the original design losing an "appeal" to the City Council, and significantly less so after the legitimate revisions/concessions that were made by the applicant, who also seemed to intimate that he is now not even building to his allowable FAR with the revised project (others can confirm or deny this).
As great a document as it was for its time, the existing Precise Plan is nearly 40 years old, and a dozen examples (at least) of more egregiously out-of-scale projects exist throughout that zone and OB on the whole. I have dutifully made the "excessive bulk and scale" argument on several occasions myself, and simply put, so long as applicants are building within their allowable FAR, it is *clearly* not deemed to be a legally-defensible argument by the decision-makers (at least not the ones when I served from 2008-2012). To be clear, the City hasn't even toed the line on actual FAR variances (the de facto rezoning of West Point Loma Avenue and North OB), never mind projects that fall within their allowable FAR or even below it, as this one might.
There is a perception that the OBPB are power brokers in this, but in my experience on the board, many projects exactly like this were routinely voted against on exactly the same grounds, only to have the Board's recommendation, rooted firmly in interpretations of their own governing document, discarded by the decision-makers. I will let others speak for themselves on that, but I would doubt there is much disagreement there. It happened over and over, and there should be no misunderstanding about this. At times, and maybe more than a few of them, I felt that votes were a choice between digging in my heels and being ignored, or working with applicants to get some degree of legitimate compromise in order to make projects more appropriate to their context and neighbors.
I'll be perfectly honest and say that I don't know if there is a right answer there, but that in my own opinion, any blame for that does not lay with the board members who have to make that decision, or with applicants like Mr. Jallos who play within the rules and are willing to work with their neighbors, but rather with a prevailing culture at the City (not every person or department) that generally does not value the community planning process.
Whatever people want for the future of OB, what I hope for is twofold. The community staying/getting engaged and holding their electeds accountable to the rules and processes that are already in place, and the timely completion of a Community Plan update that is more relevant to the challenges of 2014 and beyond.
Frank Gormlie March 7, 2014 at 8:55 am
Thanks Seth – always appreciate your reasoned arguments and efforts at discussion.
Dan Shay March 7, 2014 at 9:32 am
yeah, that was good!
John Filthy March 7, 2014 at 6:14 am
It is hard for the Planning Board members to quantify neighborhood incompatibility. A project that requires no variances and satisfies FAR requirements can still end up being incompatible with the neighborhood. Also a project that requires some variances can be compatible. The San Diego training for planning board members doesn't do much to prepare volunteers to comment on community character.
In my opinion there is a well of bad faith that has been built up by out-of-character developments. Projects getting presented now are paying for things that have happened in the past. I'm talking about developments like David Stebbins' on West Point Loma.
It can be a tough to visualize what something will look like in it's surroundings before it is built. In my years on the Planning Board I remember the triple-shoe-box on Voltaire (4853-4855 I believe). Some members wanted to oppose it but felt they couldn't because it satisfied FAR requirements. City planners only reinforce that notion. I'd say that one was out of character then and still is today and regret the planning board approving it.
As for this project I couldn't say, I got priced out of OB years ago.
UNWASHEDwalmartTHONG March 7, 2014 at 9:02 am
Too many people push for too many homes. Two residences on one lot increases density. Inch by inch, step by step, slowly the Three Stooges turned and discovered there are no spaces left to build upon.
The design of these units is rather pleasant. They are much nicer than that monolith someone built on Bermuda near the corner w/ Ebers.
Does the new structure actually block sunlight from existing structures?
Frank, remember that giant two story house built next to Tanja Winter's one story home in La Jolla. She didn't see any sun until about eleven a.m.!
Perhaps I am overreacting. I will reconsider whether I need sunlight or not.
It is my understanding that there are actually two lots at this location and the original structure occupied both lots. Correct?
One address: 4746 Brighton Ave.
The article states that, "[b]oth houses will have 3 bedrooms and 2 1/2 baths on the 5,000 square foot lot."
What is that–50X100′?
Frank Gormlie March 7, 2014 at 11:04 am
Yes, the old house straddled two lots, a plot never "condoizsed" – 50 by 100.
Seth March 7, 2014 at 11:28 am
You are correct, Dan. Just as there were actually 4 lots at that dreadful looking Ebers and Santa Monica project. This has always been the case, some builders just straddled the lines of multiple lots back in the day. Not sure, but I don't believe what Mr. Jallos is proposing has ever been non-compliant with code, it's just that people didn't build to that scale in previous eras (for what were just summer homes for many people when constructed). As to compliance with the Precise Plan, it likely doesn't meet the "spirit" of what is written, but as Pete R pointed out at the meeting, the existing Precise Plan doesn't have as much teeth as the draft one that is not yet finalized in terms of making a solid case against a project like this one. Not only that, but there are many post-1975 structures within the same zone that are very similar in scale to what is being proposed, they just don't stand out so much relative to their neighbors on the same block. My own take would be that if people are trying to use the Precise Plan to block a project like this, it is probably a losing fight, but that there is enough there to compel revisions that make it more sensitive to its context and neighbors – which is exactly what happened here. Others may differ on that, of course.
I'd rather have two smaller units than one McMansion on a consolidated lot, personally. These units will not be "affordable" when they originally hit the market, but 40 years down the line, they may end up being the cottages of today – if that makes any sense.
SaneVoice March 7, 2014 at 11:19 am
Aside from the idea that these type of units don't fit into the character of OB, it is concerning that Mr. Jallos was supposedly going to live in one of the other units from two years ago, but didn't. Fool me once, shame on you. Fool me twice, shame on me.
Dan Shay March 7, 2014 at 11:22 am
Or as George W. Bush once said; "There's an old saying in Tennessee — I know it's in Texas, probably in Tennessee — that says, fool me once, shame on — shame on you. Fool me — you can't get fooled again." —Nashville, Tenn., Sept. 17, 2002 – http://politicalhumor.about.com/cs/georgewbush/a/top10bushisms.htm
Should it really matter to the board who is going to live in those units?
I agree with Seth…two units at the proposed design is much more in character than one big unit maxing out the FAR. Gotta be careful what you wish for.
The "hippie" house on Sunset cliffs is "out of character" for that neighborhood. Where are the complaints about that? Its interesting what things irk people :-)
I don't know a lot about the project other than what was published on this site. It seems Mr. Jallos was accommodating and agreed to make changes based on feedback of the board….that sure should mean something about his character. One cannot make everybody happy.
Anyhow, I look forward to the next project which comes to board and to follow the discussions and see the designs.
Lastly, are their any architects in San Diego that like to design Spanish style? If so, please post. TX!
I agree that it shouldn't (and doesn't matter) to the board who lives in those units. But an issue raised is the previous "deceit" from the other project. That is also a reflection of someone's character. Deceit and misdirection is the hallmark of the Downtown political establishment.
Does anyone know if he did live in it for a period of time or if he didn't maybe there was a good reason …….. the next door neighbor was a lunatic or ???
The fact that the board would ask this question…"do you plan to live in it", should be forbidden going forward. That question itself implies that if you say "no" then the project is not looked as favorably. As you said it really should not matter.
Is this person's character in question to the people of OB? He did not have to be or try to be accommodating to adjacent neighbors….but he did and that sounds respectful, no?
Yeah, not comfortable with that, either. Voting to recommend structures, not people. Applicant gave an explanation that should be taken at face value, in my opinion, and I also think that's what the board did.
It's ok to encourage owner occupancy in general. OB has a lot of rental stock and pride of ownership usually is a good thing. There are a multitude of reasons why someone would change their mind about living in a certain house though. Job change, marriage, divorce, rental income, etc. For all the board knows an owner could want to be living a certain property but not be able to. If the owners want to offer the information I think the board can take it into consideration, but it isn't fair to expect it or to use it to attack someone's character without having the full story.
OBGreyHair October 24, 2016 at 2:06 pm
Shame on us – one of the units was sold and one is currently rented.
deanmanix March 8, 2014 at 2:25 pm
You're going to LOVE your new neighbor Daniel. His dogs bark all the time.
lisashook March 8, 2014 at 5:28 pm
Come on Yale. I think you are taking this a bit too personally. Saying, "However, I'm a part of this community now". You are making it sound like someone is attacking you personally. Just wondering, at the last meeting, you asked me "what kind of a fence did I want" when I was looking at the plans asking where the mutual fence line was. Does that offer still stand?
OB Dude March 8, 2014 at 6:34 pm
Doesn't the one that pays for the fence get to pick the fence?
When you buy your clothes, who picks them out?
I don't think you get the joke LOL
lisashook March 14, 2014 at 5:24 pm
Yale,
Just wondering why you decided last night was the best night to show up at Dixie
Brien's house with beer to ask her why she hated you so much and what you could do to make her happy so she would quit contacting Morris Dye at the City so it wouldnt cost you so much money. Were you really there two hours until she had to ask you to leave? Did you also tell her that you had some bad days and broke up with your girlfriend and that is why you acted so crazy? Did you actually imply to her that you would rather give her money than to pay the city money to defend the process against her? I contacted Morris Dye myself today and I still can't quite understand why he would contact you to let you know about her conversation with him? I was under the impression when I spoke with his supervisor, Sandra Teasley, today, she stated that when an appeal is done, it becomes public record. However, Dixie called Morris directly and I would like to know why you are his land line into what is happening. I also contacted Morris myself today and I plan to have to his involvement with this project reviewed with regards to other projects you have been involved. I didnt know Morris had so much time on his hands to inform you of Dixie's comments.
YJ March 14, 2014 at 7:05 pm
Wow, I talk to my neighbors to stay friends and make peace. You told me that Dixie had a problem with my plans, you told me this in a public meeting. I finally got a free evening to stop by and talk to her. It was a pleasant visit and I definitely did not offer anyone money. We talked about the changes I made to accommodate your requests at community meetings, and I expressed willingness to go even further and take suggestions on landscape elements from her. I'm just trying to talk to my neighbors especially the one you told me is most concerned. I am living there and want to friends with my neighbors, talking is a good start. I wish you all the best. I hope we can both move on with our lives and enjoy life! Not stress over this stuff. I'm a guy who loves architecture, building a house. If you ever want to build a house, I will be in full support of your FREEDOM to build within the code on your property. In the meantime, do not try to make my attempts at peace and neighborhood connectivity look like something else.
bob March 15, 2014 at 4:11 pm
As a resident property owner on the 4700 block of Brighton Ave. what I got out of the meeting is that when and if I want to build something on my property that I should first make the design that I really want. Then create plans for something hideous and present them to the board. Then when the board makes some suggestions, come back with my design that I really want and show how much better the 'new' plans are. Then since I made changes as they requested I will get my 'new' plans accepted even though they may not be up to standards, but as least I tried.
I understand that the boards recommendations to the city are just that, and can be overridden, but why have a precise plan when you are not going use it to make recommendations to the city?
I was at first not aware that there were 2 legal lots involved that were never combined into one 50 x 100 lot. So I can see why he chose to build 2 narrow structures side by side instead of building one in front and one in the back as all the other remodels on the block did. Cost and convenience. And also not have to provide more off street parking for have 6 bedrooms on the one lot.
I feel sorry for the tenant buying the new unit to the east. They will have no ocean breeze to provide natural cooling in the summer, and no afternoon light in the winter. Guess that is why he will be occupying the unit to the west. Both situations that would have been eliminated by building on the full lot front and back.
Oh well.. lost another one to the developers ;O(
I also still not clear about the zoning requirement of the RM1-1 minimum lot size….
This is from the San Diego Municipal Code…..
The RM zones are differentiated based on the uses allowed and the permitted density as follows:
(1) The following zones permit lower density multiple dwelling units with some characteristics of single dwelling units:
• RM-1-1 permits a maximum density of 1 dwelling unit for each 3,000 square feet of lot area
So it says that he should not be allowed to build on 2500 square feet.
This is new stuff for me so if someone can explain to me why he is allowed to build NEW construction on a 2500 sq ft lot please do. I understand the exemption on a remodel, but these are not remodels.. these are new construction.
thanks to anyone who can clarifying my confusion. ;O)
JamesbrOB44 April 18, 2014 at 12:25 pm
…too bad about the break up. She was a babe!
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