Habeas Corpus and the War on Terror

Habeas Corpus and the War on Terror Ian T. Snyder POL 201 Pearl Galano October 20th 2012 Habeas corpus is considered to be one of the most fundamental guarantees of personal liberty we have enjoyed as a country since the inception of our Constitution. However, questions have arisen regarding the proper use of habeas corpus and have been brought into focus in the past decade.In the years since the September 11, 2001 terrorist attacks, hundreds of people have been detained by the United States government as part of its war on terror. Most of these detainees face indefinite detention and have neither been charged with a crime nor afforded prisoner of war status. Habeas corpus serves to protect citizens against arbitrary arrest, torture, and extrajudicial killings and is a fundamental personal liberty guaranteed by our Constitution and cannot be suspended based on that fact.Habeas corpus (or writ of Habeas corpus ) is a judicially enforceable order issued by a court of law to a prison of ficial ordering that a prisoner be brought to the court so it can be determined whether or not that prisoner had been lawfully imprisoned and, if not, whether he or she should be released from custody. The right of habeas corpus is the constitutionally bestowed right of a person to present evidence before a court that he or she has been wrongly imprisoned.The rights of writs of habeas corpus are granted in Article I of the Constitution, which States, â€Å"The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it. â€Å"( Habeas Corpus in times of Emergency; Iowa State Review) A Habeas Corpus petition is a petition filed with a court by a person who objects to his own or another's imprisonment. The petition must show that the court ordering the imprisonment made a legal or factual error.The right of habeas corpus is the constitutionally bestowed right of a person to present evidence before a co urt that he or she has been wrongly imprisoned. History The history of Habeas Corpus is ancient. It appears to be predominately of Anglo-Saxon common law origin, although the precise origin of Habeas Corpus is uncertain. Its principle effect was achieved in the middle ages by use of similar laws, the sum of which helped to mold our current policies. Habeas Corpus has since the earliest times been employed to compel the appearance of a person who is in custody to be brought before a court.Habeas Corpus was generally unknown to the various law systems of Europe which are generally devolved from Roman law. European civil law systems tend to favor collective authority from the top down while the Anglo-Saxon common law tends to favor the individual. As a feature of common law, the right of Habeas Corpus reflects the age old contest between the individual and the state. Habeas Corpus empowers the individual in holding accountable the exercise of the states power to influence liberty. The War on TerrorIn the years since the September 11, 2001 terrorist attacks, hundreds of people have been detained by the United States government as part of its war on terror at locations such as the Guantanamo Bay Naval Base in Cuba and Bagram Airfield in Afghanistan. Most of these detainees have faced indefinite detention and have neither been charged with a crime nor afforded prisoner of war Status. Many of these detainees have sought to use habeas corpus proceedings to challenge the legality of their detention.The United States government initially took the position that habeas corpus was not available to detainees because of their status as â€Å"enemy combatants† and their location outside of the sovereign territory of the United States. In 2004, the United States Supreme Court determined that non-citizen detainees at Guantanamo Bay were entitled to file habeas corpus petitions in federal courts. Congress subsequently made a political determination as to the appropriate s cope of habeas corpus and passed legislation that, stripped federal courts of jurisdiction to hear habeas corpus petitions brought by enemy combatants.This ruling was then shortly overturned. The question of whether detainees such as those at Bagram and Guantanamo Bay should have access to habeas corpus is a complex one. It involves issues of territorial jurisdiction, separation of powers, and the status of the individuals. However, at a more basic level, this question should ask as to the nature of the right of habeas corpus and the applicability of the rule of law during national security emergencies. At this level, the situation presented by detainees at Guantanamo Bay or Bagram is not entirely unique.It represents another example of those situations in which governments have attempted to deny the availability of habeas corpus based on real or perceived threats to national security. On Oct. 17, 2006, President Bush signed a law suspending the right of habeas corpus to persons â⠂¬Å"determined by the United States† to be an â€Å"enemy combatant† in the Global War on Terror. President Bush's action drew severe criticism, mainly for the law's failure to specifically designate who in the United States will determine who is and who is not an enemy combatant.This however was not the first time in the history of the U. S. Constitution that it’s guaranteed right to habeas corpus has been suspended by an action of the President of the United States. In the early days of the U. S. Civil War Abraham Lincoln suspended writs of habeas corpus. Both presidents based their action on the dangers of war, and both presidents faced sharp criticism for carrying out what many believed to be an attack on the Constitution. President Bush suspended writs of habeas corpus through his support and signing into law of the Military Commissions Act of 2006.The bill grants the President of the United States almost unlimited authority in establishing and conducting mi litary commissions to try persons held by the U. S. in the Global War on Terrorism. In addition, the Act suspends the right of â€Å"unlawful enemy combatants† to present, or to have presented in their behalf, writs of habeas corpus. 1. Jonathan Turley, professor of constitutional law at George Washington University stated, â€Å"What, really, a time of shame this is for the American system. What the Congress did and what the president signed today essentially revokes over 200 years of American principles and values. † To which I agree.The President’s decision to deny the detainees prisoner-of-war (POW) status remains a point of contention, especially overseas with some arguing that it is based on an inaccurate interpretation of the Geneva Convention for the Treatment of Prisoners of War , which they assert requires that all combatants captured on the battlefield are entitled to be treated as POWs until an independent tribunal has determined otherwise. The Genev a Conventions of 1949 create comprehensive legal specifications for the treatment of detainees in war. Members of a regular armed force and certain others share entitled to specific privileges as POWs.Members of volunteer corps, militias, and organized resistance forces that are not part of the armed services of a party to the conflict are entitled to POW status if they meet four criteria specified in the treaty. Groups that do not meet the standards are not entitled to POW status, and their members who commit belligerent acts may be treated as civilians under the Geneva Convention Relative to the Protection of Civilian Persons in Time of War. ( Terrorism, the Laws of War, and the Constitution – Policy Archive ) These â€Å"unlawful combatants† are not afforded immunity for their hostile acts.A petitioner must be treated as a prisoner of war until a competent tribunal has decided otherwise, and that a military commission may not proceed with their trial. Although some 250 detainees (including three children under the age of 16)13 have been released from the detention facilities at the U. S. Naval Station in Guantanamo Bay, Cuba, and some detainees are being rewarded for cooperation with better living conditions while the status and treatment of detainees who remain in custody continue to be a source of contention. (â€Å"Enemy Combatants† Journal, Wuerth) SummaryThe Constitution provides Congress with ample authority to legislate the treatment of battlefield detainees in the custody of the U. S. military. The Constitution empowers Congress to make rules regarding capture and to define and punish violations of international law, and to make regulations to govern the armed forces. (Policy Archive) Congress also has the constitutional prerogative to declare war, a power it has not yet exercised with regard to the armed conflict in Afghanistan. By not declaring war, Congress has implicitly redefined what was clearly stated in the Constitution concerning the treatment of detainees.The Administration has asserted that the war on terror is a new kind of conflict, requiring a new set of rules and definitions. However it is clear that there has been a failure to expeditiously process and, if appropriate, prosecute detainees in the custody of the United States, including those in the custody of the United States. References: 2. Hamdan v. Rumsfeld, 344 F. Supp. 2d 152 (D. D. C. ,2004), rev’d 413 F. 3d 33 (D. C. Cir. 2005), cert. granted 2005 U. S. LEXIS 8222 (Nov. 7, 2005). 3. Habeas Corpus in Times of Emergency: A Historical and Comparative View Brian Farrell University of Iowa College of Law . The War and the Writ Habeas corpus and security in an age of terrorism by Jonathan Shaw January-February 2009 (Harvard Magazine) 5. U. S. -Freed ‘Combatant’ Is Returned to Saudi Arabia, L. A. TIMES, Oct. 12, 2004, at A8; Jerry Markon, Father Denounces Hamdi’s Imprisonment; Son Posed No Threat to U. S. , He Say s, WASH. POST, Oct. 13, 2004, at A4. 6. Terrorism, the Laws of War, and the Constitution – Policy Archive www. policyarchive. org/handle/10207/bitstreams/11854. pdf 7. The President's Power to Detain â€Å"Enemy Combatants† www. pegc. us/archive/Journals/wuerth_Cinn_power_to_detain. pdf

A Framework for Thinking Ethically Essay

The article â€Å"A Framework for Thinking Ethically† analyzes the main concept of ethics. The authors explores the arguments of what ethics is and what ethic is not, why ethics is important, five sources of ethical standards, and advises a 10-step framework for making ethical decisions. First, this article helps identify what ethics is not. It points out that ethics is not based on the law and culturally accepted norms; it is neither religion nor a science; and it is not the same as peoples’ feelings. Moreover, the authors describe that many philosophers and ethicists around the world proposed five sources of ethical standards to help understand what ethics are based on. Secondly, the article identified the following five sources of ethical standards: the Utilitarian Approach, the Rights Approach, the Fairness or Justice Approach, the Common Good Approach, and the Virtue Approach. The authors state that using these five approaches helps peoples define what standards of behavior can be considered ethical. Once one puts all these approaches together, there are still problems to be solved. One of the problems is that it is almost impossible to agree to the same set of human and civil rights, and another is that the approaches to ethical behavior do not have the same explanation for particularly difficult situations. Finally, the authors recommend a 10-step process for making the ethical decision. This 10-step process include five activities; 1) Recognize the Ethical Issue, 2) Get the Facts, 3) Evaluate Alternative Actions, 4) Make a Decision and Test it, and 5) Act and Reflect on the outcome. Step 1 and 2 ask to consider the impact and repercussions of the decision. Step 3-5 stress getting all relevant information. Step 6 asks to evaluate the dilemma based on the different approaches. Step 7-8 forces to choose the best approach, and look at it objectively. Finally, Steps 9-10 urge the carefulness needed to implement the decision, and the honest reflection that must follow upon putting the decision to action. This 10 step process gives the decision maker a pragmatic way to debate, mull over, and thoughtfully consider when making ethical decisions.

Overpopulation and Water shortage Essay

Increased life expectancies as a result of advances in science are causing overpopulation. In the west immigration and increased life expectancies are causing overpopulation. This directly translates to various economic and social problems for all the residents in an area due to the increased strain in resources. While there is increased need for other countries to adapt better policies that will improve the living conditions for its residents and curb the need to immigrate, nations have to address the issues that are resulting from overpopulation. These issues arising from overpopulation include starvation due to increased population, reduced food supplies and increased prices of food. In addition there is an increasing danger of water shortages in the world due to overexploitation of water resources. The issue of water shortages also arises from the changing global climatic patterns which have resorted from global warming as a result of climate unfriendly practices such as deforestation from increased need for land to settle on and increased air pollution due to increased number of industries and emissions. Systems such as healthcare have also not been spared from strain due to overpopulation and people are receiving lower quality medical care resulting to more deaths. Environmental degradation and overexploitation of available natural resources is a result of overpopulation. Populations are polluting the environment more by inefficient waste disposal mechanisms and increased air and water pollution. Overpopulation results to overcrowding and increased levels of unemployment which has led to increased poverty, more injustices, violence, hunger and an increase in spreading diseases. Human beings like all other species depend on natural ecosystems self regulating processes for supply of basic life support processes such as the purification of air, decomposition of waste, climate regulation and the supply of water. Water is a natural renewable resource that will automatically self renew. However this is when all other natural processes are held constant. An increase in the population of people living in an area to an amount that will bring a strain to all natural resources is called overpopulation. The integrity of all these ecosystems is compromised by the strain and as a result there is either insufficient water supply or a compromise in the quality of water (Zuckerman & Jefferson, 56) There is a world wide crisis over water. According to the recent report by the United Nations, the problems arising from water shortages cannot be ignored. More than thirty one countries are currently facing dire water shortages. More than a billion of the world’s population is facing water scarcity or is lacking access to clean water for drinking. The reports published by World Bank predict that by 2025, more than two thirds of the world population will have insufficient water (Cooper, 16). The amount of water being consumed is on an upward global trend and is doubling every two decades due to the increasing populations and needs. At the same time, the available water resources are under the constant threat of pollution, depletion and overexploitation in a bid to meet the rising needs. Countries and municipal systems have proved inefficient in the provision of sufficient and safe water to the constantly increasing population. In addition the most crucial aspect to this dilemma is the strain the over population is placing on the existing water resources. Illinois is the fifth largest state in the United States with a population of more than 12. 4 million people. More immigrants are moving to Illinois and experts predict a slow but rapid increase in the state in the future. Illinois has always been thought to have ample water supply. The fact that Lake Michigan has constantly supplied Illinois with water has always given residents security in water supply. Researchers have raised concern over this current trend of affairs and have predicted that in the next fifteen years Illinois will be facing possible water shortage crisis. Cities in the south like Chicago and Bloomington used cooperative agreement with the surrounding California states to limit their water consumption. In the Chicago area, similar to other parts of the continent, awareness on the looming water crisis as experienced by other states in the south has resulted in local and state officials implementing measures that will allow conservation of the fresh water supplies and ensure that water is more efficiently used by the residents (Zuckerman & Jefferson, 64). Illinois as a state has realized the importance of addressing impending water crisis before they become a reality. The solution to the looming water shortages in Illinois were first geared towards increasing the number of water supplies in the state by digging more wells and aquifers. There was an outcry by environmental conservationists and as all the stakeholders began to realize that this approach would not last them long, they initiated a better strategy into the 21st century. This approach is on better management of the already established supplies. To this ideal, numerous water conservation programs have been established at the regional level that are geared towards the application of better water saving approaches at the individual level. In addition they advocate for residents to use water efficient appliances as well as fixtures. The battle over water resources at the Southern states has created awareness among all the US states and the politicians and policy makers have geared their efforts towards addressing the threat of water shortages. Illinois is one of the eight states of United Sates of America which approved the Great Lakes Compact. This is an initiative by the southern states to protect the five great lakes by restricting and regulating access to them thereby ensuring a constant safe supply of water for those Southern Sates in the future. There is a rapid growth in all the towns in Illinois and due to this the demand for water has increased. This has translated to higher water consumption and Illinois is approaching the maximum allotted limit from Lake Michigan. These limits have been in use since 1985 after being decreed by the Supreme Court in 1967. Researches have been analyzing the possibility of utilizing alternative water supplies such as Aquifers for meeting the growing water demands. They discovered that the aquifers would only sustain water use up to 2030 if the populations’ consumption remained stable. Under the growing population strain and the corresponding rising need for more water that would not be enough for sustaining the population (Cooper, 20). Sufficient fresh water which is of good quality is vital for any state to sustain the various people and animals living there. Water is a basic need used for drinking and bathing, irrigation, sustaining fisheries and other crucial services in a state (Shah, 90). There is a global change in the climatic conditions and this has led to the eventual and rapid disappearance of critical ecosystems not only in Bloomington but also in other cities all over the world threatening the continuous supply of water for their increasing populations. The situation at hand in Bloomington is that which is being faced by all the other cities all over the United States. Bloomington city is located in the center of Illinois southwest of Chicago. It is the largest county in Illinois with a population of more than 64. 8 million. Bloomington is the fastest growing city in Illinois and recorded a population growth of more than 20%. There is an increased trend over the last few years due to increased immigration. The city council of Bloomington is working towards the expansion of the Monroe WTPs’ capacity. They are attempting to address this issue by using membrane filtration to bring the additional flow to provide population with sufficient water. Bloomington is major city in Illinois. The main source of drinking water for Bloomington city is Monroe Reservoir. Lake Griffy and Lake Lemon supplement the water supply. In Bloomington, the main regional water conservation body is campaigning for addressing both quality and quantity water issues for Bloomington’s rapidly growing population. Among the recommended strategies they have given to improve the quality of water they are advocating for planting green roofs and eliminating the use of chemical fertilizers. This is because the chemical residues are eventually drained off to the lakes and the water reservoirs. In addition residents are dissuaded from over exploiting fossil fuels and instead using alternative energy (Shah, 102). To address the issue of water shortages the city has focused on implementing measures that will reduce water use for the growing population. They have recommended and are facilitating the implementation of better strategies which will lead the way towards the achievement of a self sustainable biosphere in the light of the increasing population. These include the installation of low flow shower heads, introduction of machines that maximize washing loads, ensuring roof run off is not wasted and is instead used for irrigation and landscaping with native plants that are water efficient. Experts have also advocated for the installation of ultra flow sanitary units, better washing machines and more water efficient sprinkler systems (Shah, 86). The increase in the human population is inevitable and the state and city policy makers have had to address the issue of the increasing strain in natural resources including water. For this approach to be successful, Bloomington like other cities needs to engage a more cyclical approach which will be more efficient and cost effective to ensure long term future sustainability of water resources for its growing population. Bloomington seems to be taking initiative towards implementing this model by an increase in recycling strategies, decreasing the water consumption and toxic releases to the water sources and air. The Bloomington city government seems to have acknowledged the need to do more in regard to establishing initiatives that are addressing the impending overpopulation crisis. To this regard, they have established a commission on sustainability that addresses issues regarding the establishment of policies geared towards conservation of the already available resources. The mayor signed the climate protection agreement and implemented city council resolutions which are Kyoto protocol friendly. These have worked towards reducing the soaring green gas emissions which are targeted towards stabilizing global climatic conditions (Zuckerman & Jefferson, 76). The town needs to increase the North’s supply by incorporating Lake Lemon and Lake Griffy as well as the Bean Blossom Creek. This would only be more slightly expensive than the current model and would supply water to a larger region and would serve as a better supply alternative for Lake Monroe. Other sources that would end the impending crisis would include investing in ground water supplies. Aquifers in the north would supplement the water supply but this would require an intensive study and analysis to ensure that they are a safe alternative for sully of water for consumption. Both of these approaches would ensure reliability in supply but in the light of the growing populations there is need to do more to ensure that these supplies will be consistent and will supply water for the populations. More crucial to implementing any conservation approach is the need to create water awareness campaigns for the residents. There is need to translate the soaring water costs and the reasons behind it so that communities can actively participate in implementing the recommended approaches. REFERENCES Ben Zuckerman & David Jefferson, Human Population and the Environmental Crisis, New York: Jones & Bartlett Publishers, 1996, 18-78. Anup Shah, Ecology and the Crisis of Overpopulation: Future Prospects for Global Sustainability, Northampton: Edward Elgar publishers, 1998, 86-162. Mary H Cooper, Water Shortages: Is There Enough Fresh Water for Everyone? , Washington: CQ Press, 2003, 16-35.

Victim Typologies Essay Example | Topics and Well Written Essays - 750 words

Victim Typologies - Essay Example mization which involves only a single person being targeted – the objective is easy, there is one person on the mind of the potential criminal and he wished to target only him for the purpose of benefitting in some manner; secondary victimization involves that a person be targeted indirectly or impersonally where the criminal may target someone close the actual person he wants to target however brings in the aspect of threat; tertiary victimization refers to when the entire public (absolutely anyone) is being targeted and there is no particular target in mind as the object is to scare a larger crowd of people; mutual victimization is the fourth type that occurs when there are two sets of criminals that turn against each other and target one another for some purpose; lastly, no victimization is when it is difficult to understand and identify the target. There are a number of differences between victimology and criminology, the major being that in criminology, time is spent studying the focal point of the offender and the motive behind his crime whereas in victimology, the goal is to help the victim suffer as less as possible while restoring him back to his community with a healed relationship and state of mind with respect to the crime. The former refers to studying the relationship that a criminal has with a victim with respect to the crime as well as the motive behind committing the same and the latter refers to studying the victims and helping them improve their social status as well as working conditions. Both these studies fall under the branch of crime studies and they significantly assist in increasing the effectiveness of the criminal justice system. There have been a number of criminal cases of late which may be marked with either of the victim typologies; as of June 13, 2011, the body of a young student Lauren Spierer has been missing and the police in Indianapolis have been looking for signs of either life or death. Her family has been worried sick

Last Judgement by Michelangelo- Issues around the artwork that make it Research Paper

Last Judgement by Michelangelo- Issues around the artwork that make it controversial and interesting - Research Paper Example The painting is clearly inspired by the bible with Jesus Christ being the central figure of the painting and the rest art form revolving around him (Andrew, 2008). The painting was a centre figure in a controversy which in turn enriched the history attached with this fresco. Controversy Great controversy has revolved around â€Å"the last judgment† since the day it was conceived to the present era which has increased the value of the art, which can be dubbed as a controversial depiction of saints, religious figures and the religion itself. Who knew, Michelangelo had a sense of humor not many could comprehend. This art piece was threatened by many critics who bared the flag of the Catholic Reformation and those who understood art to its very core. Michelangelo; due to this masterpiece, was blamed for bringing nudity and religion together which was a breach of decorum in the artistic world, especially those related directly or indirectly to the Vatican. The â€Å"Council of Tre nt† issued notices blaming Michelangelo for public nudity and disgrace to sacred figures; especially in such sacred place and that this art form should be destroyed or hidden. The pope’s Master of ceremonies, Biagio da Cesena termed it as a piece that should be depicted in taverns and public bathrooms, such was the criticism found in the ranks of the Vatican. Michelangelo painted â€Å"Cesena† as a nude figure depicting his illogical thoughts by donkey ears and a snake wrapped nude body as revenge. Although, Cesena lodged his reservations with the pope, the pope insisted in upholding the art as his authority did not lead into the after-life (Domenichi, 1556). As the â€Å"Council of Trent† had passed its judgment and recommendations regarding the objectionable points in the â€Å"the last judgment†, it was ordered to cover any nudity or profanity in the painting. This order was executed after the death of Michelangelo in 1564. Some art critics accus e of Michelangelo depicting himself as St. Bartholomew, over the row with the authorities on receiving the permission to paint the chapel’s wall after a huge gap in its designing, almost 20 years. His open questions to the theory of life and life-after-death did not please the close knit Vatican fraternity, calling for his head for such an artistic depiction (John, 1994). Restoration The most interesting fact about the artwork is the detail of work that has been done on it, after the demise of Michelangelo. Acting on the recommendations of the â€Å"Council of Trent†, the genitals depicted in the painting were covered by fig leafs. During the 14 years, in between 1980 and 1194, major restoration was carried out under the supervision of Frabrizio Mancinelli. Many facts that were unknown for centuries were discovered after the restoration. The most dominant discovery was of the female that is depicted to be condemned to hell. For many decades it was imagined to be a male figure, which changed after the removal of the fig-leaf showing clearly that it was a female figure (Hurst et all, 1994). The painting is also known to be the first depiction of Christ as the centre of the universe like the sun is for the planets. Not only the technical details of the masterpiece has attracted people towards it but also the controversial history surrounding the shift in cosmology that Michelangelo depic

Blending learning and ICT systems Essay Example | Topics and Well Written Essays - 1000 words

Blending learning and ICT systems - Essay Example It is has been applied to help meet the needs of the large number of students and teachers, and has been a vital component of the most successful integration of the uses of ICT. This kind of learning offers a real opportunity for the creation of learning experiences. These opportunities can ensure that right learning objectives are achieved and the right place for each and every person involved. This is not just at their places of work, but also in schools and by extension even at their homes (Willems, 2013, p.29). The most important question about this system of learning is on how to mix the two approaches in order to be able to obtain an effective course and training. The fundamental points that would guide this process include: the definition of the content of the curriculum to be covered; definition of the parts of the content to be performed in the traditional way and that which should be covered using the ICT systems, and the definition and extent of the ICT tools and techniques to be implored (Dias, Diniz & Hadjileontiadis, 2013, p.59). Having worked out these aspects, blended learning would allow for the maximization of the course effectiveness and this would be through matching the best methodology for each of the verified and defined course parts. Face-to-face classes, a typical traditional methodology, and technique, would be suited for classroom activities such as coaching, feedback on activities, exercises and paper-based tests. These often require the physical and social interact ion between the students and their teachers for them to be effective (Dias, Diniz & Hadjileontiadis, 2013, p.63). E-learning, on the other hand, works better for such activities that include application exercises, interaction between the students themselves, online coaching, chats and instant messaging and online feedback and assessment. The use of these techniques requires some computer based training and the application of such systems as iPods for the

International Business Essay Example | Topics and Well Written Essays - 3000 words - 15

International Business - Essay Example ompanies targeting either India or China for the expansion of their businesses at present because of the immense growth potentials in these countries. India and China are two countries which escaped from the current financial crisis without much damage. It is not easy for a company to set up business in an overseas country because of the various challenges they may face in the target country. Human resource management is one of the core functional areas the offshoring organizations should consider in their business strategies. This paper assumes that Microsoft, the American operating system/ computer software manufacturer is looking to establish a subsidiary unit of Microsoft in India. The various aspects of human resource management issues Microsoft may face in India is briefly explained in this paper. Microsoft is one of the best examples of a monopolistic firm of the current century. No challenge at all for Microsoft in most of the countries in which they operate. In fact other companies like Intel forced to make microprocessor chips compatible for the smooth operation of Microsoft’s Windows based operating systems. In other worlds, Microsoft’s monopoly forces even other companies to dance with the tunes composed by Microsoft. Even though nobody has any doubt about Microsoft’s abilities in controlling the software industry all over the world, there is no guarantee that it may become successful in every country if it overlooks the customized needs of each country. For example, India and China are two different countries compared to America and business concepts, organizational culture, behavior, and environment in these countries are entirely different from that of America. Microsoft needs to formulate customized business strategies for both of these countries, if they want to excel in these countries. India is a secular democratic country and the second largest country in the world as far as population is concerned. Moreover India is recognized as one