Only if “je est un autre” Can I Recognise You: Reflections on Canada’s Process of Constitutional Recognition of the “Preexistence of Distinctive Aborignial Societies”

1er Prix du concours d'initiation à la recherche organisé par le Regroupement Droit et Changements. La Loi sur les Indiens institutionnalise toujours de nombreuses facettes de ce qu’est être « Indien » pour beaucoup d’individus au Canada et un changement de perspective doit être opéré. Cet essai puise dans la pensée du philosophe Theodor Adorno pour réfléchir aux tentatives de reconnaissance juridique par le Canada des individus et sociétés autochtones en vertu de l’article 35 de la Constitution. L’auteur présente la théorie de la dialectique négative d’Adorno de 1966 sur le rapport à l’altérité, à partir de l’analyse de la professeure Drucilla Cornell, afin d’identifier ce que sa pensée prescrit pour établir des rapports non-oppressants entre Autochtones et non-Autochtones et leurs gouvernements aujourd’hui. La dialectique négative est particulièrement appropriée à la tentative de reconnaissance juridique de l’existence des sociétés autochtones par le Canada, du fait de leur statut marginalisé et de leurs revendications à la spécificité. Après avoir établi un tel cadre, l’auteur souligne que des précédentes tentatives de reconnaissances se sont soldées par des échecs en raison des désaccords au niveau des valeurs impliquées et des concepts utilisés auxquels elles ont donné lieu. Le processus de signature des traités numérotés de 1871-1921 est employé comme illustration en raison de son résultat souvent décrit aujourd’hui comme coercitif et injuste en dépit du discours de négociation sur un pied d’égalité l’ayant accompagné. Les critiques contemporaines de la politique en vigueur de mise en œuvre de l’autonomie gouvernementale autochtone par des accords négociés sont également présentées, afin d’illustrer que des désaccords quant à la manière dont l’État canadien entend reconnaître les peuples autochtones persistent à ce jour. L’auteur ajoute que, du point de vue de la dialectique négative, de tels désaccords doivent nécessairement être résolus pour que des rapports moins oppressifs puissent être établis. L’auteur conclut que la dialectique négative impose à la fois de se considérer soi-même (« je est un autre ») et de considérer l’autre comme au-delà des limites de sa propre pensée. La Cour suprême a déjà reconnu que la seule perspective de la common law n’est pas suffisante pour parvenir à une réconciliation des souverainetés des Autochtones et de la Couronne en vertu de la Constitution. Le concept de common law de fiduciaire présente un véhicule juridique intéressant pour une reconfiguration plus profonde par le gouvernement canadien de son rapport avec les peuples autochtones, priorisant processus plutôt que résultats et relations plutôt que certitude. Il doit toutefois être gardé à l’esprit que la reconnaissance de ces peuples par l’État canadien par le prisme de la pensée d’Adorno présente non seulement le défi d’inclure de nouvelles perspectives, mais également de remettre en cause les prémisses fondamentales à partir desquelles on considère la communauté canadienne en général.

Dynamic and Thermodynamic Structure of the Monsoon Boundary Layer over India

The objective of the study is to examine the dynamic and thermodynamic structure and the variations that occur in the surface layer during the pre-monsoon, onset and post-monsoon periods over the Indian region. The variations caused during the occurrence of micro and mesoscale systems, structure and variation in the marine boundary layer over the Indian region is also investigated. The drag coefficient computed indirectly also shows variation during various seasons. The thermodynamic structure of the atmosphere shows variation during the various seasons. The onset monsoon causes lowering of the Lifting Condensation Levels. The outcome of the study is expected to provide a better understanding of the structure and variations in the boundary layer over India, which is useful for many applications especially for numerical modeling studies.

Population Genetic Structure of the Marine Penaeid Prawn- Penaeus Indicus H. Milne Edwards 1837

The thesis contains the results of an investigation on the " Population Genetic Structure of the Penaeus indicus " from southeast and southwest coasts of India. The P.indicus, popularly known as the Indian white prawn, is distributed widely in the Indo-Pacific, starting from New South wales in Australia in the east to the east coast of Africa in the west. Its heavy demand in the export market, the species has been exploited intensively from all along its areas of distribution in Indian waters. The population genetic characteristics of the species were examined by three independent but complementary techniques, namely, morphometrics (truss network), biochemical genetics (isozyme electrophoresis ) and molecular genetics (RFLP and RAPD). The east and west coast populations of the species may be genetically different. Due to certain constraints, the results obtained from the studies of restriction fragment length 70 polymorphism (RFLP) were limited. The significant difference in the number of bands in the sample populations strongly suggests that these two populations have considerably different population genetic structures

Studies on the prevalence of algal blooms along Kerala coast, India

Algal blooms are naturally occurring phenomena in the aquatic environment. These blooms cause mass mortalities of wild and farmed fish and shellfish, human intoxications which sometimes result in death, alteration of marine trophic structure through adverse effects on larvae and other life history stages of commercially important species and death of marine animals. Occurrences of harmful algal blooms and associated mortality have been reported along the coastal waters of India since the early period of the last century. The present study was taken up to study the dynamics of major phytoplankton blooms, which occur along the Kerala coast. The results of quantitative and qualitative analysis of phytoplankton in the coastal waters of Vizhinjam and Chombala, their species diversity and community structure is presented and the major algal blooms recorded along the coast of Kerala during the study period is described and their occurrence is related to the hydrographic and meteorological variations. There is a clear evident from these works in the Indian region that the fishes avoid areas where these harmful algae bloom, either due to the toxicity or due to some irritant property of the chemicals secreted by the algae. Taxonomic diversity studies indicated a change in the community structure of commercial finfishes, crustaceans and molluscs due to the bloom of C.marina and funnel plots indicated the deviation in taxonomic distinctness during the bloom period from theoretical mean for the region.

Investigations on the Dynamics of Combination Maps and the Analysis of Bifurcation in a Discontinuous Logistic Map

This thesis is a study of discrete nonlinear systems represented by one dimensional mappings.As one dimensional interative maps represent Poincarre sections of higher dimensional flows,they offer a convenient means to understand the dynamical evolution of many physical systems.It highlighting the basic ideas of deterministic chaos.Qualitative and quantitative measures for the detection and characterization of chaos in nonlinear systems are discussed.Some simple mathematical models exhibiting chaos are presented.The bifurcation scenario and the possible routes to chaos are explained.It present the results of the numerical computational of the Lyapunov exponents (λ) of one dimensional maps.This thesis focuses on the results obtained by our investigations on combinations maps,scaling behaviour of the Lyapunov characteristic exponents of one dimensional maps and the nature of bifurcations in a discontinous logistic map.It gives a review of the major routes to chaos in dissipative systems,namely, Period-doubling ,Intermittency and Crises.This study gives a theoretical understanding of the route to chaos in discontinous systems.A detailed analysis of the dynamics of a discontinous logistic map is carried out, both analytically and numerically ,to understand the route it follows to chaos.The present analysis deals only with the case of the discontinuity parameter applied to the right half of the interval of mapping.A detailed analysis for the n –furcations of various periodicities can be made and a more general theory for the map with discontinuities applied at different positions can be on a similar footing

Studies on the Quality of Rainwater at Various Land Use Locations and Variations by Interaction with Domestic Rainwater Harvesting Systems

The present study focused on the quality of rainwater at various land use locations and its variations on interaction with various domestic rainwater harvesting systems.Sampling sites were selected based upon the land use pattern of the locations and were classified as rural, urban, industrial and sub urban. Rainwater samples were collected from the south west monsoon of May 2007 to north east monsoon of October 2008, from four sampling sites namely Kothamangalam, Emakulam, Eloor and Kalamassery, in Ernakulam district of the State of Kerala, which characterized typical rural, urban, industrial and suburban locations respectively. Rain water samples at various stages of harvesting were also collected. The samples were analyzed according to standard procedures and their physico-chemical and microbiological parameters were determined. The variations of the chemical composition of the rainwater collected were studied using statistical methods. It was observed that 17.5%, 30%, 45.8% and 12.1% of rainwater samples collected at rural, urban, industrial and suburban locations respectively had pH less than 5.6, which is considered as the pH of cloud water at equilibrium with atmospheric CO,.Nearly 46% of the rainwater samples were in acidic range in the industrial location while it was only 17% in the rural location. Multivariate statistical analysls was done using Principal Component Analysis, and the sources that inf1uence the composition of rainwater at each locations were identified .which clearly indicated that the quality of rain water is site specific and represents the atmospheric characteristics of the free fall The quality of harvested rainwater showed significant variations at different stages of harvesting due to deposition of dust from the roof catchment surface, leaching of cement constituents etc. Except the micro biological quality, the harvested rainwater satisfied the Indian Standard guide lines for drinking water. Studies conducted on the leaching of cement constituents in water concluded that tanks made with ordinary portland cement and portland pozzolana cement could be safely used for storage of rain water.

Sea Surface Temperature-Convection Relationship in Tropical Oceans with Special Emphasis to Intraseasonal Variability of Indian Summer Monsoon

The SST convection relation over tropical ocean and its impact on the South Asian monsoon is the first part of this thesis. Understanding the complicated relation between SST and convection is important for better prediction of the variability of the Indian monsoon in subseasonal, seasonal, interannual, and longer time scales. Improved global data sets from satellite scatterometer observations of SST, precipitation and refined reanalysis of global wind fields have made it possible to do a comprehensive study of the SST convection relation. Interaction of the monsoon and Indian ocean has been discussed. A coupled feedback process between SST and the Active-Break cycle of the Asian summer monsoon is a central theme of the thesis. The relation between SST and convection is very important in the field of numerical modeling of tropical rainfall. It is well known that models generally do very well simulating rainfall in areas of tropical convergence zones but are found unable to do satisfactory simulation in the monsoon areas. Thus in this study we critically examined the different mechanisms of generation of deep convection over these two distinct regions.The study reported in chapter 3 has shown that SST - convection relation over the warm pool regions of Indian and west Pacific oceans (monsoon areas) is in such a way that convection increases with SST in the SST range 26-29 C and for SST higher than 29-30 C convection decreases with increase of SST (it is called Waliser type). It is found that convection is induced in areas with SST gradients in the warm pool areas of Indian and west Pacific oceans. Once deep convection is initiated in the south of the warmest region of warm pool, the deep tropospheric heating by the latent heat released in the convective clouds produces strong low level wind fields (Low level Jet - LLJ) on the equatorward side of the warm pool and both the convection and wind are found to grow through a positive feedback process. Thus SST through its gradient acts only as an initiator of convection. The central region of the warm pool has very small SST gradients and large values of convection are associated with the cyclonic vorticity of the LLJ in the atmospheric boundary layer. The conditionally unstable atmosphere in the tropics is favorable for the production of deep convective clouds.

Constraining the active tectonic deformation of Andaman-Nicobar Arc in the background of December 26,2004 Great Sumatra-Andaman Earthquake

The Andaman-Nicobar Islands in the Bay of Bengal lies in a zone where the Indian plate subducts beneath the Burmese microplate, and therefore forms a belt of frequent earthquakes. Few efforts, not withstanding the available historical and instrumental data were not effectively used before the Mw 9.3 Sumatra-Andaman earthquake to draw any inference on the spatial and temporal distribution of large subduction zone earthquakes in this region. An attempt to constrain the active crustal deformation of the Andaman-Nicobar arc in the background of the December 26, 2004 Great Sumatra-Andaman megathrust earthquake is made here, thereby presenting a unique data set representing the pre-seismic convergence and co-seismic displacement.Understanding the mechanisms of the subduction zone earthquakes is both challenging sCientifically and important for assessing the related earthquake hazards. In many subduction zones, thrust earthquakes may have characteristic patterns in space and time. However, the mechanism of mega events still remains largely unresolved.Large subduction zone earthquakes are usually associated with high amplitude co-seismic deformation above the plate boundary megathrust and the elastic relaxation of the fore-arc. These are expressed as vertical changes in land level with the up-dip part of the rupture surface uplifted and the areas above the down-dip edge subsided. One of the most characteristic pattern associated with the inter-seismic era is that the deformation is in an opposite sense that of co-seismic period.This work was started in 2002 to understand the tectonic deformation along the Andaman-Nicobar arc using seismological, geological and geodetic data. The occurrence of the 2004 megathrust earthquake gave a new dimension to this study, by providing an opportunity to examine the co-seismic deformation associated with the greatest earthquake to have occurred since the advent of Global Positioning System (GPS) and broadband seismometry. The major objectives of this study are to assess the pre-seismic stress regimes, to determine the pre-seismic convergence rate, to analyze and interpret the pattern of co-seismic displacement and slip on various segments and to look out for any possible recurrence interval for megathrust event occurrence for Andaman-Nicobar subduction zone. This thesis is arranged in six chapters with further subdivisions dealing all the above aspects.

Market Orientation in Indian Seafood Processing Firms

This thesis studied the impact of market orietnation on business performance, in the seafood industry, which is a unique situation wherein the firms were all 100% export oriented. The study was able to prove that in the context of the seafood indsutry, implementation of market orientation principles will lead to increase in business performance. The business performance variables were measured under two heads, namely economic performance and non-economic performance. Market orientation in Indian seafood firms was significantly and postiively related to both the performance measures. Under the non-economic performance, were the customer and employee consequences.Again market orientation was positively and significantly related to both the consequences.Thus, the implication arising from the study is this: market orientation in Indian seafood processing firms increases their business performance. The implementation of market orientation will help the seafood firms in gaining competitve advantages in exporting. This in turn will result in increased exports and the position of Indian seafood in the global market will be strengthened. It will thus become a leading player in the global fish trade. Next, the focus was on the effect of the antecedents on the market orientation of a firm. It was seen that several factors were antecedents to the adoption of market orientation principles. They include top management emphasis, conflict, centralization and reward system. It is noted that top management emphasis and support is vital to the market orientation programme. The top management needs to adopt market oriented behaviour and reinforce the need for being market oriented, for it to percolate down the line.Interdepartmental conflict is seen to affect market orientation positively. A large percent of the Indian seafood firms are traditionally family-owned companies, rather than professionally managed firms. This would result in promulgation of old ideas of management whereby, conflict was seen as a healthy exercise, which helped to build up each department's efficiency. But, this view in the long run proves to be detrimental to the firm's performance and must therefore be kept to a bare minimum, if any.Decentralisation of decision making facilitates the participation of the lower level employees and builds up their motivational levels and commitment to the firm. Thus employees are encouraged to make their own decisions, so that they can deal with customers faster and more efficiently. Reward systems help improve an employee's morale, provide encouragement and helps inculcate commitment and loyalty. It improves the employee's self worth and fulfills his need for achievement. A satisfied employee works better, produces more output and needs less supervision, and is happy, thereby reducing costs to the company for replacement and retraining, if the employee quits.Competitive intensity plays a moderating role on the market orientation business performance. Thus in times of greater competition, the relationship between market orientation and business performance grows stronger. Thus, this thesis was successful in investigating a positive relationship between business performance and market orientation.

Biochemical Studies on the Protective Effect of Taurine on Experimentally Induced Fulminat Hepatic Failure in Rats

Fulminant hepatic failure (FHF) is a dramatic and challenging syndrome in clinical medicine. Although an uncommon disorder, it is usually fatal and occurs in previously healthy person. While the causes of FHF remain unclear, viral hepatitis and drug-induced liver injury account for the majority of cases. Hepatitis E causes large-scale epidemics of hepatitis in the Indian subcontinent, involving hundreds of thousands of cases with high mortality. FHF is associated with several clinical features like jaundice, shrunken liver, easy bruising, low levels of serum proteins, fatigue, multi-organ failure etc and metabolic derangements like hypoglycemia, hyperlipidemia, hyponatremia, defective protein synthesis, reduced energy production, decreased rate of urea production etc. These disturbances are predominantly attributed to oxidative stress, membrane destabilization and osmolytic imbalances. The options available for these patients are quite minimal with liver transplantation being one of them. But the procedure is ridden with issues causing it to find less favor among the patients and the caregivers. Use of hepatoprotective and cytoprotective drugs, is being considered to be a more acceptable alternative as a strategy to enhance liver regeneration. In this regard use of taurine a naturally occurring amino acid that plays a crucial role in many physiological processes would prove to be effective. In the present study, hepatoprotective effect of taurine on a rat model of induced FHF was studied. Taurine supplementation has effectively counteracted the metabolic and structural aberrations in the liver caused by D-galactosamine intoxication.

Studies on the isolation and characterization of flavones and triterpenoids from a few plants

In the present scenario, there is an increasing demand for natural products in food industry, pharmaceuticals, cosmetics and agricultural sectors. In this context phytochemical study to identify newer chemicals has got great relevance. Phytochemical studies have become more reliable and encouraging with the development of modern analytical techniques.In the present work the leaves of Piper colubrinum (Piperaceae), aerial parts of Mussaenda fiondosa (Rubiaceae) and Humboldtia vahliana (Leguminosae) and the pericarp of fruits of Artocarpus heterophyllus (Moraceae) were investigated for their secondary metabolites. The major compounds isolated belong to the groups of flavonoids and triterpenoids.Naturally occurring flavonoids have been used widely in chemotaxonomic studies of plants. Flavones and flavonols constitute a group of biosynthetically related natural products. No universal function has been established for flavones and flavonols in plants. However, many functions in individual plants have been demonstrated. These include protection of plants from ultraviolet light, insects and pests; pollinator attractants; antioxidants; plant hormone controllers; enzyme inhibitors and allelopathic agents. Flavonoids are attracting the attention of medical scientists in recent years because of their anticarcinogenic, antiallergic and antiinflammatory properties. The recent discovery that flavonoids are involved in the process of nitrogen fixation in plants also opens the way for agricultural application of these constituents.Triterpenoids are another class of compounds that are ubiquitous in plants. Some triterpenoids present in the latex and resins of plants are believed to be involved in chemical defence against pathogens and herbivores. Triterpenoids possess various biological properties including anti-inflammatory, antifeedant, pesticidal, fungitoxic and antimicrobial activities. Triterpenoids with cytotoxic activity and inhibitory effect on seed germination are also known.

Studies on taxonomy and ecology of Mysidacea from the EEZ of India

Members of the order Mysidacea are important component in marine and estuarine plankton inhabiting all regions of the oceans. There are many brackish water species and few species occur in fresh water, some have become adapted to the specialized environments of caves and wells. They are omnivores, responsible for remineralisation of a substantial portion of the detritus in the water column. They form an important link in the food chain (between microbial producers and secondary consumers) and therefore play a major role in the cycling of energy within the aquatic ecosystem. In tropical and subtropical waters, swarms of mysids are exploited commercially and marketed as preserved cooked food. Mysids have been used in fish farming as live feed resource. They are also excellent experimental organism, extremely useful in the studies of potential impact of various pollutants in the aquatic environment. Mysids are also used in wood pulp effluent plants.Considering the significant role of mysids in the productivity of tropical and coastal ecosystems,the present study has been undertaken to extend our knowledge on the systematics, species composition, distribution,abundance and ecology of mysid fauna of the Indian EEZ and adjoining areas. The present study therefore will undoubtedly fumish valuable information on Mysidacea of the Indian waters.

Systematics and biology of Fishes of family of the hemiramphidae of Cochin coast

This overall focus of the thesis involves the systematics and biology of fishes of the family hemiramphidae of cochin coast.India is one of the leading fish producing nations in the world with an average annual production of 6.1 million tonnes of fish and shell fish from capture and culture fisheries in 2001 (Ayyappan and Biradar, 2002).Fisheries play a very significant role in the Indian economy by providing employment to nearly 7 million people directly or indirectly, supplying rich protein food and earning valued foreign exchange.Fishes of the family Hemiramphidae are commonly called ‘half beaks‘.In India, studies on hemiramphids commenced with the work of Day (1878,1889) who recorded thirteen species of hemiramphids from the Indian waters.The study area, which is part of Cochin coast is located between Lat.9°28’ and 10° N and Long.76° 13’ and 76° 31 E. Lying parallel to it is an estuary which is commonly called the Cochin backwaters which has a total area of about 200 sq.miles.The study area is subjected to wide variations in salinity from place to place, season and surface to bottom.The Cochin coast and the adjacent back water system of Kerala has a rich and diversified fish fauna. The hemiramphid fishes constitute a minor fishery of this area.The study on the distribution and availability of hemiramphid fishes present in the Cochin coast shows that they evince different patterns of distribution.In the present study it is noticed that fecundity has high correlation with weight than length of the fish.Histological studies revealed that the spermatogenesis in both H. (H) limbatus and H.(H) xanthopterus, consists of spermatogonia, primary spermatocytes secondary, spermatocytes, spermatids and spermatozoa whereas in the oogenesis of both the species.biological study will be useful in implementation of proper measures of conservation and management so that further devastation of the hemiramphids of Cochin Coast can be controlled.

Contribution of size fractions of planktonic algae to primary organic productivity in the coastal waters of Cochin- south west coast of lndia

This thesis entitled “Contribution of size fractions of planktonic algae to primary organic productivity in the coastal waters of cochin,south west coast of india”. Marine ecosystems planktonic algae are the most important primary producers on wliich considerable attention is being given on account of their supreme status in the marine food chain.The study of primary production in the Indian Ocean started With DANA (I928-30),, John Murray t I933-34). Discovery ( I934) and Albatross (I947-48) expeditions which tried to evaluate productivity from nutrients and standing crop of phytoplankton .The bioproductivity of the marine environment is dependent on various primary producers. ranging in size from picoplankton to larger macro phytoplankton. The quantity and quality of various size fractions of planktonic algae at any locality depend mainly on the hydrographic conditions of the area .In the coastal waters of Cochin- south west coast of lndia. Planktonic algal community is composed mainly of the diatoms, the dinoflagellates, the blue-green algae and the silicoflagellates, the former two contributing the major flora and found distributed in the all size fractions. The maximum number of species of diatoms at station 1 and station 2 was found in the pre-monsoon season.. The size groups of planktonic algae greater than 53 um are dominated by filamentous- chain forming and colonial diatoms. The coastal waters of Cochin. planktonic algae less than 53 um in size contribute significantly to primary productivity and the biodiversity of the microflora, indicating the presence of rich fishery resources in the south west coast of india.The study of different size fractions of planktonic algae and their relative contribution to the primary organic production is a useful tool for the estimation of the quantity and quality of fisheries.A deeper investigation on the occurrence of these microalgae and proper identification of their species would be of immense help for the assessment of the specificity and magnitude of fishery resources.

The Right to Freedom of Information in Inida

This thesis entitled “The right to freedom of information in india”.In a democracy, the citizens being the persons to choose their own governors, the right to know from the Government is a pre-condition for a properly evaluated election. Freedom of speech and expression, one of the repositories of self~government, forms the basis for the right to know in a wider scale. The functions which the free speech rights serve in a society also emphasize the need for more openness in the functioning of a democracy.Maintanance of law and order and investigation of crimes are highly important in a country like India, where no risk may be taken on account of the public‘s right to know. The Indian situations relating terrorist activities, riots based on language, region, religion and caste are important in this respect. The right to know of the citizens may be regulated in the interests of secrecy required in these areas.On the basis of the conclusions reached in this study, a draft Bill has been proposed for the passing of an Access to Public Documents Act. This Bill is appended to this Thesis.