The reaction of China against Dalai Lama’s visit to Arunanchal Pradesh holds no ‘valid reason’ except political anxiety.

The visit of His holiness the Dalai Lama to India’s state of Arunanchal Pradesh in the month of April, has drawn noticeable concern from China. In an unceremonious set of reactions, China displayed its anguishes with the visit by relating it with an ‘unsettled border dispute’ with India in the eastern sector, also referring for its commitment to defend its ‘core interest’ vis a vis India. However, the context of this visit and background of India-China relation in regard to Tibet makes a compelling case for Chinese ‘unfounded concern’ in the given context.

Looking back to the history of India-China border dispute, the ‘Tibet card’ has been well played by Chinese at different periods of time.  Firstly, this became a point of context for China in their diplomatic negotiations with India on border dispute from 1957 to 1962. China also seems to have overplayed the notion of India’s involvement in Tibetan uprising in mid 1950s. This was the time when role of the United States (US) investigative agency CIA was more vital and decisive in order to escalate problems in Tibet (JK Knaus, Orphans of Cold War, 1999)

Secondly, the use of Tibet card also forms key component of ‘Forward Policy School’ of thought in China and in West in regard to 1962 India-China war which always shifts the blame of instigating the war on Indian policy choices at that time. In both the cases, the objective assessment of fact suggests a rather different and truthful theory. Interestingly, in both cases India’s role was peaceful and justified with no provocation to China.

Rather than questioning the presence of Thubten Norbu in US since July, 1951 as a ‘motivating factor’ behind Tibetan uprising in 1950s, China seems to have ignored the Indian reprimand of Gyalo Thondup in 1953 at Gangtok to warn him in person not to carry out political activities on Indian soil. Simply put, India has no such role in CIAs covert operation in Tibet. Rather China took the advantage of India’s weak positioning and security intelligence to its favour in 1962 war.

Thirdly, it is largely accepted that Tibet had become independent when the Manchu Resident and the remnants of his military escort left its soil in January 1913. In between 1913 to 1949, China was using more ‘assertion’ rather than ‘exertion’ over Tibet based on historical maps. After PLAs march into the Tibet in October 1950 and signing of ‘Peaceful Liberation of Tibet (17 Point Agreement), Tibet almost found itself incorporated with the China.

During the signing of ‘Panchsheel Agreement’ in April 1954 between both the countries, India recognized the ‘Tibetan region of China’ as a part of the PRC. But the same was not reciprocated by China in terms of India’s sovereignty on Jammu and Kashmir (J&K). China has also not even spoken officially on the ‘One India Policy’ as put forward by Indian Minister of External Affairs, Smt. Sushma Swaraj.

China must understand that ever since his stay in India, the Dalai Lama has never been allowed to ‘play politics’ because India does not want to playthe Tibet card with China. This was the‘sixth visit’ of His Holiness to the state of Arunanchal Pradesh, which is an integral part of India. HH Dalai Lama enjoys respect in the heart of every Indian as a ‘religious leader’ and so he is widely celebrated amongst all. So the reaction of China against his visit holds no valid reason except political anxiety.

China started referring to Arunachal Pradesh as ‘Southern Tibet’ since 2006 in their official records. If we look back to history, this stands true with the Chinese ‘changing position’ on border negotiations with India.

At times when the theatre of global politics has shifted to Asia, the political cooperation between India and China is necessary. This is preliminary to realize the dream of 21st century as ‘Asian Century’ as enunciatedby Prime Minister Narendra Modi. While Manmohan-Jintao era witnessed the ‘Strategic Partnership’ between India and China, the new leadership led by Modi-Xi desires to move towards ‘Comprehensive developmental partnership’ between both countries. There is enough space for both to prosper and secure their national interest.

In the given context some wider economic cooperation in terms of ‘sectoral engagement’ between both the countries has increased in areas like sister cities, railways, infrastructure and manufacturing. However, the political context of bilateral relations has not moved forward. On the issue of India’s membership to NSG and listing of Pakistan based terrorist Masood Azhar in UN list of terrorist, China has found less reasonable excuses against India. And now its opposition to HH Dalai Lama’s visit has witnessed profound reactions in India. China must realize that it needs to reflect upon aspirational India and not allow any untimely opportunity to effect Indian sensitivities because it takes much time to regain the ‘lost trust’ between two countries. In case of India and China the level of ‘high trust deficit’ is already an accepted fact.

China must acknowledge that India beinga ‘civilizational state’ has allowed Dalai Lama to establish his religious abode in Dharamsala, in recognition to the distinct linguistic, cultural and religious traditions of Tibetans. The nature of this relationship is more cultural than political. In China too a growing number of people are rediscovering the country’s dormant Buddhist traditions inspired from Tibetan Budhism. At the time when new age Chinese people are seeking ‘religious revival’ through Buddhism this newly found and more vocal ‘hard stand’ of China against its preacher seems largely mistaken. This not only cause damage to China’s soft power credentials but its respect for cultural prudence as well.

Considering China’s desire to be a dominant World power, it must act in more prudent manner rather than being more reactive to a rightful visit by any religious leader who symbolizes the message of peace and non-violence.

(Abhishek Pratap Singh is a Fellow, South Asia Democratic Forum (SADF), Brussels and Doctoral Candidate, Centre for East Asian Studies (Chinese), Jawaharlal Nehru University, New Delhi.)

Pages, 251, ISBN: 9789386141156, Price: ₹599.

Book Review by: Rajeev Ranjan Chaturvedy

Despite the persistent domestic challenges of poverty and inequality, India enjoys recognition as arising and responsible power in the emerging world order. The Bharatiya Janata Party (BJP) in India came to power in a landslide victory in May 2014 under the leadership of Narendra Modi. There was a lot of speculation at home and abroad over India’s possible foreign policy directions after Modi’s ascent to power. A parliamentary majority achieved by a single party for the first time in India since 1984 amplified the expectations, and hence, scholars and observers wondered how Modi’s leadership mattered for India’s foreign policy, and for the emerging global order.

Sreeram Chaulia’s Modi Doctrine decodes India’s external engagement under the leadership of Prime Minister Modi. The main argument of the book is that Modi is “globalising and revolutionising India’s foreign policy like no other prime minister since Jawaharlal Nehru”. Analysing the conduct of India’s external engagements through critical evaluation of Modi’s foreign policy, he explains the impact Modi has made in global affairs. The author has knitted together his arguments through six key research questions focussed on elements of style and substance, Modi’s worldview, global perceptions, achievements or indicators of paradigm shift, future prospects and finally identifying the gaps and ways to overcome them.

Addressing the elements of style, the author underlines the role of individual personalities in bringing about major shifts in foreign policy and views Modi as a “transformative leader” who has reconstructed India’s foreign policy through “fundamental changes with inspirational content”. As India’s “Diplomat-in-Chief”, Modi has developed a political framework at the highest level for engaging countries around the world. Due to his continuous and sustained interactions with the world leaders, Modi’s personal style is starkly different from that of his predecessor. Modi is charismatic, authoritative and a very effective communicator using face-to-face, print, electronic, digital as well as social media platforms. The author rightly argues that Modi is a very energetic and active leader and he takes a different approach from “diplomacy as usual”. Modi’s “retail diplomacy” and his reliance on personal chemistry has been painted as a “powerful tool in enhancing India’s diplomatic engagement”. Moreover, Modi’s break from the traditional ways of diplomacy gives him “a personal connect to use that to manoeuvre during tense situations”. Hence, the pro-active leadership of Modi has transformed India’s engagement with the world.

The Modi government has qualitatively and quantitatively enriched engagement with the Indian Diaspora. It is trying to simplify rules, quickly responding to their grievances, and engaging them in the overall development agenda of the government. “Dancing with the Diaspora” captures in great details Indian government’s pro-active approach towards the diaspora community which has re-energized Non Residential Indians (NRI) and Persons of Indian Origin (PIO) community. Further, Indian diaspora is very fragmented and Modi has become a unifying force for the community across the world. Modi’s policy initiatives are strengthening their ties with their country of origin and enhancing their stature in their country of residence. Moreover, digital diplomacy has become a very effective means of communication. For instance, diaspora community has approached the Ministry of External Affairs (MEA) for assistance and due to quick and direct communications, timely assistance have been facilitated by the government.

Focussed on India’s development, Modi’s foreign policy “is guided by the constant drive to reform and transform India, for security and prosperity of all Indians”. The business of India is business, and therefore, Modi’s economic diplomacy is driven by “a sense of India’s retaking its position as a leading commercial power that once determined prosperity and business on a planetary scale”. Modi’s “sharp business brain with an earthly, common sensical grasp of monetary matters” has “redefined what it means to be “business-friendly” on transnational scale”. The author underlines some new elements in the government-to-business relations which has significantly enriched coordination between the government and investors, and has injected more economic dynamism.

The author has encapsulated various alphabet soup, for e.g. three Ds: democracy, demography and demand; three Cs: connectivity, commercial ties and cultural bonds; five Ts: tradition, talent, tourism, trade and technology; three Ss: skill, speed and scale –and has underlined that all these coinages of new concepts and acronyms are stimulating a “paradigm shift” in India’s role in global affairs.

The author argues that under the Modi Doctrine, there is a clear enunciation for India to drive and lead on global challenges and India seems prepared to play a vital role on issues of interest to the international community and humanity at large. He observes that India is on the right track to be a leading power “owing to its leader [Modi] and his unparalleled mobilisation of national will”. The author aptly notes that the USA-China-India diplomatic triangle will determine global power balance, institutional makeup and political outcomes in this century. While he explains transformation in India-USA relations, and India-China relations, he also recognises limitations and Modi’s red lines on India’s national interests and strategic autonomies. The author captures Indian government’s active engagement with major powers and several regional and global institutions on issues of common interests for better policy coordination. These issues range from climate change, technological cooperation, pandemics, terrorism, skill development, trade and services agreements, energy security and many others.

Some key features of the Modi Doctrine are: long-term thinking; deploying more human and material resources, restructuring policymaking; forging novel ideas and institutions and stepping up to assume greater international responsibilities. Moreover, while decoding various features of the Modi Doctrine, we must accept that doctrine is not a definitive statement, rather, it is a way of seeing a departure from the past. The world is dynamic where frames of reference are shifting rapidly. In Modi’s foreign policy approach, we see a sense of a broader shift in ideas which is more problem-solving.

Sreeram Chaulia is a prolific writer and an insightful scholar. However, there are some shortcomings to his approach. First, he has done the criticism of some of previous Prime Ministers of India which are not entirely true. He claims that Indian foreign policy before Modi was “a saga of ad hocism, improvisation and unpredictability”. His sweeping assertions like the “insular mindset of the Indian Foreign Service cadre and the absence of world class scholarly work in India” are unsubstantiated. Second, he asserts that the long-term policy planning and scenarios related work had been missing altogether, which is incorrect. He overlooks earlier works, for example, ICRIER’s National Interest project, in which many serving and retired diplomats and several eminent experts contributed including the current National Security Advisor. Third, while a seamless continuum between India’s choices at home and its external engagements or a tight integration of domestic and foreign policy is a key feature of the Modi Doctrine, the author is uncertain about the importance of domestic factors in ensuring success of the Modi Doctrine. When author contends that before Modi, India foreign policy suffered from shortage of political will and direction of top, he forgets that the same BJP—whose hold on government between 1998 and 2004 presided over events of lasting and global magnitude: India’s nuclear tests, and two significant crises between India and Pakistan.

Nevertheless, the author presents his experience and knowledge in a clear and candid manner and will provoke further research on emerging Modi Doctrine. The book is handsomely produced, with an index and sourced from the most relevant documents on the subject and is essential reading for all interested to understand transformation of India’s foreign policy.

(Reviewer is Research Associate at the Institute of South Asian Studies (ISAS), an autonomous research institute at the National University of Singapore. He can be contacted at isasrrc@nus.edu.sg/rrchaturvedy@gmail.com.)

(This book review is carried in the print edition of May-June 2017 issue of India Foundation.)

In the Indian Ocean Rim Association (IORA) Summit held in Jakarta in March 2017,the Jakarta Concord which was arrived at during the Summit, committed IORA to countering terrorism in the region and establishing an IORA working group on maritime safety and security. The growing geo-political, geo-strategic, and geo-economic importance of the Indian Ocean Region. is well known. To many, the future of Asia lies in Indian Ocean, which is a rising giant, home to three billion people. Half of the world’s container ships travel through the Indian Ocean. It is the vital energy link between the Middle East and Asia. It is also the main shipping route between Asia and Europe. Therefore the global economy depends on the free flow of Indian Ocean traffic. Hence the security of Indian Ocean is of concern to all.

The greatest security challenge the region faces today comes from non-state actors, who engage in terrorism, both on land and at sea. We are witnesses to terrorist activities from the East African coast to South East Asia. Either terrorist groups are engaged in battles or attacking civilian target centres or others. During the last one and half decades, the threat has also spread to the maritime domain. This is a real threat in the Indian Ocean where maritime terrorism is now on par with land based terrorism. Maritime terrorism also has the capacity to disrupt global economy. Indian Ocean is well known for its choke points and a disruption in two chokepoints simultaneously will have far reaching consequences throughout the world.

Sri Lanka has been a victim of terrorism, and has witnessed terrorist attacks on its cities, conventional fighting in the North and the East and maritime terrorism. Thankfully, we brought terrorism to an end. We know how powerful non-state actors can be. Since the end of Sri Lanka’s terrorism, the technology used by terrorism has been upgraded and the number of non-state actors has multiplied. We are all familiar with the nature of terrorist threat on land. We must also recognise the importance of threat to the maritime security.

These non-state actors use the most modern technology in their attacks, a recent example being a small unmanned remote controlled boat being used against a Saudi Arabian warship by a group of Yemeni militants. Terrorists have also attached maritime infrastructure and in future, logistics of maritime infrastructure may face more frequent attacks.

The possibility of non-state actors hiding among the civilianmaritime traffic is a nightmare which we prefer not to think of. The complexities of maritime terrorism thus requires navies to rethink their roles on how to respond effectively and adequately against these non-state actors.

Systems destruction and the potential for deploying digital systematic terror is another growing threat in the Indian Ocean region commons. The digital sector is an emerging threat that needs careful study and smart solutions, whether it be in traditional terror financing or the encryption of messaging technology, which is emerging as trolls for terrorist organisations. Furthermore, the processing of global financial transactions, especially the billions of dollars of diaspora and global remittances which are transacted to their home countries around the Indian Ocean region, are replete with vulnerabilities of the electronic payment systems and their operators. Analysts demonstrate that these digital networks are beyond national control and are easily deployed for digitally enabled disruption associated with weapons of terror.

Counter-terrorism therefore needs close cooperation by all the states. One man’s terrorist cannot be treated as another man’s liberator. IORA’s declaration on preventing and countering terrorism and violent extremism, is a good starting point for you all. The resolution requires the states to support each others’ efforts in countering terrorism and violent extremism to include enhancing cooperation and coordination of efforts, dialogues and sharing of information, expertise, best practices, lessons learnt and stemming the financing of terrorism. This must be done within the framework of UN resolutions against terrorism, ASEAN Convention on Counter Terrorism, and the SAARC Regional Convention on Suppression of Terrorism. Close cooperation between regional countries is the only way in which counter terrorism measures can succeed.

(This article is a summary of the address made by H.E. Shri Ranil Wickremesinghe, Hon’ble Prime Minister of Sri Lanka at the inaugural session of Counter Terrorism Conference on 14^th March, 2017 at New Delhi)

In recent years nothing has caused greater pain, disruption and inconvenience to societies, governments and individuals than the phenomenon of terrorism. Its manifestation in any shape or form anywhere in the world is disruptive of normal life and therefore has to be condemned and countered.

A UN panel on March 17, 2005 described terrorism as any act ‘intended to cause death or serious bodily harm to civilians or non-combatants with the purpose of intimidating a population or compelling a government to or an international organization to do or abstain from doing any act.’

Notwithstanding this, governments of the world continue to argue about the precise import of the term. One reason is the antiquity of the expression and its uses down the ages. Kautilya classified terrorising as ‘secret war.’ The Zealots of the Roman period and the Assassins of the middle ages used violence to terrorise their adversaries. It was used in the Reign of Terror period of the French Revolution and its agents were officially depicted ‘terrorists.’

The numbers of terrorist groups proliferated in the 19th and 20th centuries and this trend continues today. A Google search produces a list of 38 non-state right-wing and left-wing groups accused of terrorism from 1978 to 2003; it indicates the period of their activity, targets and tactics, and governments viewed as adversaries as well as those who sponsored or supported them. More names can be added to it today. The stated motivation in each case related to addressing grievance of political nature, very often embedded in and seeking empowerment from ethnic, nationalist, or religious sources.

Modern weapons and easy access to lethal devices, has added to the efficacy of terror tactic; so has globalization, and information technology.

Modern terrorism is global in its dimensions. Our focus in today’s conclave however is on one aspect of it – the Indian Ocean Rim having 26 littoral states and home to some 2.3 billion people. It has emerged as one of the most dynamic regions of the world. It has about 65% of the world oil reserves; its ports handle about 30% of global trade and half of the world’s container traffic passes through this ocean.

This region is also culturally diverse with a variety of languages, religions, traditions and culture. The countries of the Indian Ocean littoral and its immediate hinterland vary in terms of their geographies, populations, levels of economic development and political structures.

Security in the Indian Ocean region is capricious on account of a complex set of problems inherited from its recent past. These pose a complex set of problems for policymakers, especially since many of the issues are transnational and groups have resorted to use of force to further demands for national self-determination, separatism, militant religious extremism.

The fragility of institutions of new political systems in the region has often allowed political violence to prevail. In addition, militant groups have exploited local grievances and have drawn upon international events to promote radical and extremist causes. The objective of these groups remains the capture of state power and the transformation of the system of governance to one which conforms to their worldview.

An overarching approach to the menace found expression most recently in the Declaration emanating from the 20th Anniversary meeting of the Indian Ocean Rim Association (IORA) on March 7, 2017 that denounced ‘terrorism and violent extremism in all its forms and manifestations’ and ‘resolved to stand together’ in preventing and countering it.

The typology of terrorism in the Indian Ocean Rim indicates the following:

• Left-wing violence carried out by groups seeking to overthrow existing governments;
• Ethno-political violence carried out by groups motivated along ethnic lines;
• Politico-religious violence carried out by religiously motivated groups; and
• Cross-border terrorism promoted by regimes as ‘war by other means’ on their neighbours.

Of these, the last is perhaps the most abhorrent, of the kind we in India have had to suffer for a number of years. Such terrorism is sustained by external agencies and states. There is now wider recognition that this is the type of terrorism which creates conditions for growth of terrorist networks into massive conglomerates with international operations.

Conflicts beyond the Indian Ocean rim, including those in Afghanistan–Pakistan and Syria–Iraq in Asia, also overflow and impact the wider region.

Neither pious denunciations nor generalised prescriptions are sufficient to combat terrorism in all its manifestations. A beginning has to be made in each case by understanding its operational philosophy, strategy and tactics, its targets and support systems.

It has been suggested that ‘human insecurity, provides the enabling conditions for terrorism to flourish.’ Certain conditions provide a social environment and wide spread grievances that, when combined with certain percipient factors, result in the emergence of terrorist violence. These conditions could include poverty, demographic factors, social inequality and exclusion and dispossession.

Terrorism and violent extremism in Indian Ocean Rim countries, therefore, has to be examined in the historical roots of militancy in these countries to provide the context for assessing the degree to which local agendas are either subsumed within a broader ideological framework or shaped by the extremist movements.

For convenience of analysis, the background and situation of the region can be considered in five segments: South Asia, southern Arabian Peninsula, Horn of Africa, East Africa, and the ASEAN region.

Colonial rule and the neo-colonial policy of creating or aggravating religious, ethnic, or linguistic fissures lies at the root of many of present day conflicts and tensions. External interventions motivated by geo-political considerations have exacerbated them. The resulting unsettled and volatile social conditions, thus, provide fertile ground for extremists to seek political change by violence. This in turn creates a social, economic and political situation that encourages parochialism, along with the rise of religious and sectarian extremism, often using violent and terrorist tactics to promote their creed.

Since unprovoked violence is inimical to human nature, groups and individuals resorting to terrorism or violent extremism seek to cloak their acts in motivations premised on value systems – secular, ethical or faith-based – that could be cited in justification. Record shows its consistency. This notwithstanding, the political temptation to attribute it to individual creeds is often overwhelming and, for the same reason, must be resisted if strategies and tactics to counter terrorism are to be both credible and productive.

Nor can state conduct in such situations be beyond scrutiny. In recent and not so recent history, instances exist of states resorting to the financing, training and equipping of individuals and groups resorting to acts resulting in the killing of innocent, non-partisan, civilians.

In recent times, the rise of ISIS or Daesh in Syria-Iraq has caught the attention of the world. Yet, even a cursory study of the factors that led to the rapid rise of such dangerous forces reveals that the very actors, who now claim to be threatened by it, have been responsible for creating the conditions- directly or indirectly- that led to its rise.

The repeated attempts at regime change by force and with utter disregard for the local ramifications and fall-outs, had led to the quagmire- whether it be in Syria-Iraq that led to ISIS; or, Afghanistan which led to Taliban/Al Qaida; or, Libya that led to Al-Jama’a. The removal of existing, often moderate, regimes and the subsequent breakdown of governance resulted in extremist groups capturing the political initiative, exploiting the resentment and anger of the local populations and carrying out terrorist acts with impunity.

The so-called war on terror has bred its own brand of deprivation and suffering with hundreds of people being killed or injured, even if they were not related to terrorist activities. This has led to anger and a desire to seek justice by any means, resulting in extremist action and terrorist violence.

In the aftermath of wars, the impacted communities are caught in a vicious circle of population pressures, resource stress, popular discontent and political instability making them susceptible to a pervasive extremist culture. Weak or dysfunctional states are more likely to host terrorist groups that target not only their host states but also carry out transnational attacks.

The availability of financial resources is critical to the success of these extremist groups. A misplaced sense of charity, or religious duty, on the part of citizens contributes to it. Linked to it is the misuse of institutions intended to impart faith-based education. Instances of it abound in Pakistan and Bangladesh and also in other countries of the Indian Ocean littoral. These misinterpret religious texts to induce intolerance which, in turn, promotes a narrow and bigoted approach that is conducive to use of violence.

However, the most virulent factor fuelling terrorism is state sponsorship of and collusion with terrorists. Such terrorists- some promoted by regimes and some operating with the connivance of elements within national militaries and intelligence organizations- have employed religious, ethnic and sectarian aspirations to justify their acts of cross-border terror.

A case in point is Pakistan’s use of extremist groups as an instrument of foreign policy that is well documented, with the U.S. State Department’s Country Report on Terrorism for 2015 stating that some United Nations-designated terrorist organizations continue ‘to operate within Pakistan, employing economic resources under their control and fundraising openly.’ Essentially, the Pakistani military has reared ‘good’ terrorists for cross-border missions while battling ‘bad’ militants that fail to toe its line.

The association of criminal and terrorist organizations – as most terrorist groups are funded by the proceeds of different types of transnational crime and illegal money flows- makes them even more destructive.

The Piracy off the coast of Somalia, the illegal oil extraction in Iraq, the drug and human trafficking in South East Asia or poppy cultivation in Afghanistan- are all controlled and run by the operating terrorist networks to generate additional finances. In many cases, the lucrative criminal activity becomes the sole reason for terrorist groups seeking political control by destabilizing existing regimes. Such terror groups receive support from external actors who seek quick profits. The latest research of the United Nations Office on Drugs and Crime puts the global value of transnational crime at a staggering $1 trillion per year – on par with some G20 economies.

How do we, then, deal with the problem of terrorism in the region? It is not sustainable for countries to continue to address terrorism or transnational crime from a narrow national interest perspective, nor can development be viewed as a standalone endeavour independent from security. Globalization and integration processes make it apparent that trade, development, and security agendas are interrelated. A fundamental change is needed in the way we approach these challenges.

The first challenge is to the national rule of law because terrorism is an abnormal activity to which societies can only adapt with difficulties. Making a society resilient to the potential threat of terrorism may come at a high price with regard to other fundamental values in society, such as civil rights.

The lack of understanding about the nature and manifestation of terrorism and the absence of a coherent response mechanism, results in sporadic and knee-jerk reactions to dealing with this threat. The introduction of extraordinary, usually draconian, laws to address terrorism, in a bid to seek quick solutions, more often than not, proves detrimental and can even exacerbate the terrorism problem. Use of indiscriminate force and heavy handed action debases the protection of human rights and can lead to an institutionalisation of oppression- fostering a culture of impunity within state security forces and agencies.

At the same time, countries being taken by a surprise terrorist attack face the problem of responding swiftly without causing economic and societal disruptions.

The second challenge comes as international, or transnational, terrorism involves more than one country and multiple legal frameworks at the national and international level. This becomes most obvious in the context of the well-known saying ‘one man’s terrorist is another man’s freedom fighter’. While the saying is without much meaning since freedom is an end while terror is a means, it points to the problem that the national legal perceptions of certain groups’ activities may not coincide.

What is more, national legislation may induce terrorism spillovers to other countries, as there are no generally accepted norms in international law which help to avoid this problem. This calls for international coordination and ultimately for norms in international law which help to harmonize cross-border externalities.

To provide a comprehensive answer to the threats posed by transnational crime and terrorism in the Indian Ocean Region, regional security and development agendas need to be connected and coordinated. Forums like BIMSTEC, SAARC, ASEAN, the IORA and the UN have a direct interest, and the responsibility, to ensure that related efforts are comprehensive and have the resources necessary to respond quickly to the threat of terrorism.

What is needed to curb and eliminate the scourge of terrorism is for the countries in the region to unite and fight it in all its forms and manifestations. States sponsoring terrorism must be isolated by international community and forced to abandon the use of terrorism as a tool of state policy. Nations must not distinguish between friends and foes when it comes to identifying terror sponsoring states.

We need a flexible frame-work of security that respects the diversity of security perspectives and developmental choices of member states and is based on a clear renunciation by all parties of the threat or use of force against any other state, aimed at promotion of connectivity in accordance with international law to promote and protect the well-being of all peoples who inhabit the Indian Ocean region.

(This article is a summary of the address made by Shri M. Hamid Ansari, Honourable Vice-President of India on 14^th  March 2017 at the Counter Terrorism Conference 2017 in New Delhi organised by India Foundation.)

Terrorism in all its forms and manifestations is a serious global threat to humanity, irrespective of geographical boundaries. In today’s globalised world, terrorism has become the greatest security concern to the international community, which is not confined to one country or one region or one continent.

Terrorist activities are against fundamental values of liberty, humanity, freedom and universal brotherhood. Terrorism not only causes loss of precious lives of innocent people but also disrupts society’s progress and country’s development. It undermines the overarching value of ‘basudhaiva kutumbakam’ on which our civilisation was founded.

We have experienced grave consequences of terrorism in our region. As the number of terrorist outfits and their sophistication and technology grows, threats of terrorist attacks on any given day becomes all the more possible. In today’s interconnected world, terrorism does not have boundary.

Incidents of terrorist violence in our region over the past decades have made us vulnerable and this calls for our united action in countering this menace. The activities of larger network of terrorist organisations at global scale and their reported expansion in the Asia Pacific region provides us the reason to be extra vigilant to counter the threats and  to ensure the security of our people in the region.

Terrorist networks are trying to spread their wings. But we must be able to nab them and dismantle them. Acts of terrorism cannot be condoned. No pretexts, be it political, ideological, or any other, can justify such senseless and horrific acts. It is of utmost importance that law enforcing machineries in all countries cooperate and collaborate in identifying terrorists and defeating terrorism. We all must, in a united and unreserved manner, demonstrate commitment at the highest level to stop terrorist acts and bring perpetrators to justice.

As the world is shrinking day-by-day due to technological advancement, especially in communications and mobility, we cannot protect our citizens unless we work together to strengthen our national, regional and global security environment. In this age of inevitable interconnectedness, mobility of people around the world is a reality. Safety, security and welfare of every individual is our common responsibility, humanity’s common concern. Killings and brutality are totally unacceptable acts that have to be condemned in the strongest possible terms and countered with all resolute measures.

In 2004, twelve Nepali people seeking employment in Iraq were captured and brutally killed by terrorists. In 2016, thirteen Nepalis were killed when a suicide bomber struck a minibus carrying Nepali security guards in Kabul. Such heartbreaking acts of terrorism have victimised thousands of innocent peoples, in one way or the other, within their national boundary as well as across the boundaries. The transnational nature of terrorism should be recognised and countered with national, regional, and global perspective and capabilities.

Every country, therefore, should formulate counter-terrorism strategies by detecting the occurrence of radicalisation, possible recruitment for Foreign Terrorist Fighters (FTF), exploitation of internet and various social media platforms by terrorist organisations, misuse of borders, terrorist financing, and forged identity documents. Radicalisation through social media is a rising threat. We need to enhance our capacity to monitor and counter such activities.

These measures should be complemented by stringent legislative framework to deter and disrupt all types of terrorist activities. Between governments and law enforcement agencies, close coordination and cooperation must be ensured including on intelligence and technology sharing to enhance counter terrorism capability. Needless to say, terrorism anywhere is a serious threat to peace, security and development everywhere. Terrorism is a shared security concern not only of the national authorities but also of the international community.

Nepal unequivocally condemns terrorism in all its forms and manifestations wherever, whenever and for whatever purposes it occurs and whoever commits terrorist acts. Nepal calls for resolute international actions in the fight against terrorism. Nepal never allows her land to be exploited by any groups which try to carry out terrorist activities anywhere in our region or beyond. We have underscored time and again that terrorism should never be used as a means to achieve a goal. It is also important that we never allow propagation of terrorism in our region. As a member of the United Nations, SAARC and BIMSTEC, Nepal has signed several international conventions on counter-terrorism, including on   aircraft safety, maritime safety, against taking hostages, as well as the UN Security Council Resolutions. Nepal remains fully committed to implementing them despite the constraints of resources and technical capabilities.

In terms of national capability, Nepal has enhanced her security infrastructure and the fully trained security personnel are prepared to meet the emerging security demands, including prevention of any form of terrorist attack. Nepal remains committed to work in concert with the international community in realisinga world, free from the evils of terrorism.

We need to have serious deliberations regarding the existing and future challenges posed by regional, as well as global terrorism; assess information sharing capabilities; and renew urgent calls for the promotion of regional and multilateral cooperation to combat larger dimensions of threat posed by terrorism. Nepal will resolutely join hands with all countries in countering the scourge of senseless acts of terrorism.

(This article is a summary of the address made by Shri Bimalendra Nidhi, Hon’ble Deputy Prime Minister and Minister for Home Affairs of Nepal on March 14, 2017 at Counter-Terrorism Conference – 2017, organised by India Foundation at New Delhi)

Bangladesh-India relations are based on mutuality of interests and commonality of aspirations. We share universal values of freedom, democracy, fundamental human rights and rule of law. The foundation of our relations was laid by our Father of the Nation Bangabandhu Sheikh Mujibur Rahman in the early years of Bangladesh. In 1972 Bangabandhu Sheikh Mujib said, “We have a very special relationship with India. The relationship is the friendliest. Friendship of Bangladesh and India is in our hearts. The bonds of friendship will remain firm and long-lasting”. Since then the relationship has matured, taking dynamic, comprehensive and strategic shape.

Whatever we may try at the political and official levels, it is our peoples’ solidarity, our deep emotional, cultural and historic bonds on which the relationship rests and thrives. With the restoration of trust and confidence, the people-to-people exchanges have also grown exponentially. All these are the hallmarks of a new paradigm of partnership.

We have comprehensively addressed India’s security concerns. This has been a factor in trust building. We have put in place a multi-layered and effective bilateral security architecture with many dedicated joint institutional mechanisms for targeted and coordinated actions.Our journey towards peace and prosperity is put to peril by the rise of terrorism and violent extremism. Security threats from state and non-state actors tend to undermine our efforts to integrate our economies and societies. We would need more concerted efforts to strengthen protection for our societies.

Bangladesh and India have witnessed tremendous progress in almost all sectors of cooperation namely, connectivity, power, trade and commerce, health and cultural exchange. In Bangladesh, we have envisioned to become a middle income country by 2021 and a developed country by 2041. India is our partner in this path to progress.We have amicably settled Land Boundary and Maritime Boundary. Let me reiterate our deep appreciation to leaders of all political parties and members of the Lok Sabha and Rajya Sabha of India for their unanimous support for the Land Boundary Agreement. It was indeed a historic decision.We are all grateful to you for this unanimous support, which was akin to the support given by India in 1971, when all political parties in India supported Bangladesh’s Liberation War. We bled together during our Liberation War. Your soldiers and our freedom fighters both had shed their blood in 1971. Our gratitude to you all. The successful conclusion of the Land Boundary Agreement is also a historic event, and we will remember your contribution for the same.

Power sector cooperation has been another high point of the relationship. We are importing electricity from India through grid-interconnection. We are also collaborating in other sectors of energy namely,renewables such as solar, wind and hydro, offshore exploration, LNG, LPG, diesel, to name a few. We are identifying hydro-power projects in Bhutan and Nepal for joint development and import of power to Bangladesh across Indian territory.

We are extensively focusing on expansion of trade in a more open, beneficial and balanced manner by addressing the issues of trade barriers, harmonisation of standards, development of trade infrastructures, and mutual recognition of certificates. To address the trade deficit, we are also working on getting more investment from India particularly in the Special Economic Zones in Bangladesh. Already, we are seeing great interest from the biggest business houses in India.We believe connectivity holds the key to our collective and inclusive development. In our endeavour to integrate the two economies and the region, we are enhancing our connectivity in many ways leading ultimately to multi-modal connectivity. And we are being innovative enough to develop new modes of connectivity.

We strongly believe our common water resources must act as a uniting force. A comprehensive, basin-wide solution with an in-built solution to water sharing of all the common rivers holds the key to our common future. On Teesta issue, Prime Minister Modi once again reiterated his government’s strong resolve to conclude the water sharing treaty at the soonest. Once it happens, the face of Indo-Bangladesh relations would undergo another transformation.But I don’t know what Didi (Chief Minister of West Bengal)will do, though the Indian Prime Minister has assured me that he will take care of it.

The people of Bangladesh fought at the clarion call of our Father of the Nation Bangabandhu Sheikh Mujibur Rahman. The people of India and its government supported us wholeheartedly during the War of Liberation in 1971. In the Liberation War, 3 million people were killed and over 2 lakh women were violated. However, the history of atrocities by Pakistani occupation forces is being suppressed and distorted. Bangladesh parliament recently adopted a unanimous resolution declaring March 25 as ‘Genocide day’. We cannot forget the history or the historical event—we can forgive but we cannot forget. Which is why we want this Genocide to be recognised by the international community. Prime Minister Modi has made a commitment to remain with us in our efforts. Our future generations should know our real history and understand what happened during those traumatic times.

In 1975 when I lost my family, my younger sister and myself were in Germany. I lost my mother, father, my 3 brothers (the younger brother was only 10 years old), my 2 newly wedded sisters-in-law, my uncle and other relatives. They attacked my house and killed 18 people. My sister and myself, at that time, were left homeless, country-less and we became refugees. But at that time Mrs. Indira Gandhi immediately sent a message and asked us to come to India. During my stay in India, I met leaders from all parties and everybody was very kind, friendly and supportive. I am not sure what we would have done without that support, which at that time was really very very important for both of us. So, our gratitude to India and its people for their help in our hour of need.

When I finally returned home, it was a very difficult period. The Indian peopleare lucky because they have had and continue to enjoy a continuous democratic system. But in our country things were totally different. Time and again we faced different challenges, sometimes military dictators, martial law, emergencies and others. But we are fighting to restore democracy because we believe that without democracy we cannot make any progress. Only a stable, democratic system can give Bangladesh a good chance to progress.

When my father liberated Bangladesh, he had a dream. He wanted to establish Bangladesh as a poverty free country. After 21 years, when I became Prime Minister, I took it as my duty to serve my people and ensure them a better life, in the footsteps of my father. I have tried my best. I have only one aim – how to build Bangladesh into a poverty free, hunger free, prosperous country. I try to follow my fathers mission of having friendship with all. India is our neighbour and neighbours do have problems, but a friendly relationship will always give a good opportunity for problem resolution. This opportunity is not for us – leaders or politicians  — but for the well being of our people. Our common enemy is poverty and we can jointly work together for its elimination. That is why I always try to create a conducive atmosphere so that we can work together and ensure for the people a better life.

So, the India-Bangladesh friendship is a very important friendship for Bangladesh which we deeply cherish. Khoda Hafez! Joi Bangla Joi Bangabandhu! May Bangladesh live forever! Long live Bangladesh-India friendship!

(This article is a summary of the address made by H.E. Smt. Sheikh Hasina, Hon’ble Prime Minister of Bangladesh at the reception hosted in her honour by India Foundation on 10^th April, 2017 at New Delhi.)

Since the establishment of diplomatic relations between India and Turkey in 1948, the bilateral relations between the two countries have been generally warm and cordial. Economic cooperation is becoming an important pillar of the relationship, with both nations being among the twenty largest economies (G-20) in the world. The growth in bilateral trade between the two countries has seen a steady rise, increasing from USD 2.8 billion in 2008 when President Erdogan last visited India to USD 6.4 billion in 2017^[i]. More importantly, the economies of both India and Turkey have shown remarkable stability despite volatile global economic conditions as they were based on strong fundamentals. Recent IMF^[ii] and World Bank^[iii]reports also show optimism about the economic prospects of both countries in the coming years.

Turkey has evinced interest in further promoting trade and economic cooperation and in broadening the overall bilateral relationship because of the huge economic opportunities that have been created under the Modi government as a result of various economic reforms and the thrust on transformational changes in the Indian economy. The numbers of high-level bilateral visits that have taken place between the two countries also point to enhancing of the bilateral relationship. In this context, the two day visit of the President of Republic of Turkey, Mr. Recep Tayyip Erdoğan to India from April 30 to 01 May, 2017 assumes significance. The Turkish President was accompanied by five Cabinet Ministers — Minister of Foreign Affairs, Minister of Economy, Minister of Energy, Minister of Culture & Tourism and Minister of Transport, Communication and Maritime Affairs. Besides these ministers, Chief of General Staff, Parliamentarians and Senior Officials also accompanied the President. This was indicative of the thrust of his visit.

PM Modi and President Erdogan agreed to encourage business efforts to achieve a level of at least USD 10 billion by 2020 in bilateral trade^[iv]. Potential and opportunity to enhance the volume of bilateral trade exists through trade and FDI inflows, technology tie-ups and cooperation on various projects. In the last few years, participation of Turkish companies in India has increased significantly. This has come specifically through investment in blue chip Indian companies and FDI route, although such cooperation has remained confined only in SMEs (small and medium enterprises)^[v]. President Erdogan’s visit has now opened a new chapter in the economic and commercial interactions of both the countries.

In the bilateral interactions of PM Modi and President Erdogan, both countries laid emphasis on people-to-people contact and strengthening cultural linkages. The ties of culture and language – the Sufi traditions, the exchanges and influences of the Turkish language on Hindi and vice versa, among other linkages, provide a deep connect between people of both countries. The new Cultural Exchange Programme signed between two nations will further cement the cultural connections and institutional relations. Several bilateral agreements and institutional mechanisms such as Joint Economic Commission (JEC) at the governmental level as well as in business-to-business (B2B) provide the framework for strengthening economic and commercial ties.

On the issue of terrorism, PM Modi and President Erdogan reiterated their strong condemnation of terrorism in all its forms and manifestations, and declared that there could be no justification for terrorism anywhere. The joint statement on the issue reflected India’s concerns on terrorism, and called for international efforts to disrupt terrorist networks and their financing and stopping of cross-border movement of terrorists^[vi]. India and Turkey strongly condemned the use of double standards in addressing the menace and agreed to strengthen cooperation in combating terrorism both at the bilateral level and within the multilateral system. In this regard, leaders of both countries called for early conclusion of negotiations on the Comprehensive Convention on International Terrorism.

During the visit of President Erdogan to India, the following Bilateral Agreements and Memorandum of Understanding (MoUs) were signed^[vii]:

• Cultural Exchange Program for 2017-2020
• MoU for Cooperation between Foreign Service Institute of India and Diplomacy Academy of Turkey
• Agreement between the Government of The Republic of Turkey and the Government of The Republic of India on Gainful Occupation for Family Members of the Members of Diplomatic Mission or Consular Post
• MoU between Telecom Regulatory Authority of India (TRAI), India and Information and Communication Technologies Authority (ICTA), Turkey
• Cooperation Agreement between Press Trust of India (PTI) and Anadolu Agency (AA) of Turkey

While convergence exists on strengthening of the economic relationship, Turkey has neither been supportive of India’s stand on Kashmir nor of India’s membership to the Nuclear Supplier Group (NSG). Turkey’s close relations with Pakistan makes it more aligned with the Pakistani position on the Kashmir issue. While Kashmir was not discussed during President Erdogan’s visit, the President had, in an interview to a local TV channel, just before he came to India, stated that the India-Pakistan dispute on Kashmir could be resolved through “multilateral talks”^[viii], — a stand which flies against the principled Indian stand which speaks of bilateral resolution of the India-Pakistan dispute. In response to President Erdogan’s statement on Kashmir, India firmly drew the red line, specifically telling Turkey that Kashmir is an integral part of India and Kashmir is a “bilateral” issue between India and Pakistan and that India sees the problem of unrest in Kashmir through the crystal clear prism of “cross-border and state-sponsored terrorism” being perpetrated by Pakistan in the Kashmir Valley.

On the Issue of NSG membership, Turkey avers that it is not opposed to India’s entry to the NSG, but has linked India’s entry with that of Pakistan’s. This Turkish position is not helpful for India because it aligns with the Chinese position and only means – albeit indirectly, that Turkey doesnot support India’s NSG bid as Pakistan has little international support for its entry to the NSG, due to its appalling record of nuclear proliferation. The Turkish stand hence, in effect means a vote against India.

Turkey’s emotional and Islamist-tinged view of its relationship with Islamabad will make it difficult for a strategic compact between India and Turkey to materialize in the near future. So it is an opportune time for Turkey to de-hyphenate the India-Pakistan relations and work with India towards a comprehensive economic partnership, which could in future transform to an advanced political and strategic relationship. Turkey has great opportunities to invest in India’s expanding market of automotive and auto parts, textile machinery, chemical industry, jewellery (precious metals and stones), glass and glassware products, leather products, electrical equipment and electronics & construction materials. Turkey is a pioneer in the construction sector. Turkish construction and engineering companies have established their business globally.

In India, the construction sector will remain buoyant due to increased demand from real estate and infrastructure projects. Construction activities contribute more than 8% of India’s GDP. Turkish companies can invest in the construction development in residential, retail, commercial and hospitality sectors. Providing technologies and solutions for smart sustainable cities and building integrated townships in India is a great opportunities for Turkey to replicate the excellent construction work they have done in their own country. Training and skill development of construction sector workers is another area where the expertise of Turkey can be helpful in realising the dreams of PM Modi’s Skill India vision.

On the other hand, India’s expertise in Information & Communications Technology solutions, Space Technology and Service Sector etc. can be used by Turkey. Such cooperation will further strengthen the economic and commercial bonding and will provide an environment for greater understanding between the two countries.

In the energy sector, India and Turkey are both energy deficient and energy needs of both nations are ever increasing. In this context, the visit of Turkish President to India will certainly help in increasing the cooperation in hydrocarbon sector and in the solar and wind energy sector which are common area of interest for both countries. For example, IOT Infrastructure & Energy Services which is a joint venture between ‘Indian Oil Corporation’ and ‘VITO Energy and Investment of Turkey’, has been successful in formation of a joint tank farm at the Star Refinery (near Izmir) in Turkey.

President Erdogan,in an article published in Times of India, said “vision to guide the exemplary relations between India and Turkey, will emerge through the increase of contacts and interaction between our peoples”. Prime Minister Modi, while addressing the India-Turkey Business Summit, rightly laid out the agenda of bilateral relation and said that “Let us work together for enhancing the level of our economic activities for welfare of our people”. As both countries have global and regional aspirations towards achieving a combined objective of development and security, cooperation can be a means to achieve the above objectives.

(Siddharth Singh is Research Fellow with India Foundation)

^[i] http://mea.gov.in/press-releases.htm?dtl/28428/

State_visit_of_President_of_Turkey_to_India_30_April_to_01_May_2017

^[ii] http://www.worldbank.org/en/publication/global-economic-prospects

^[iii] http://www.imf.org/en/Publications/GFSR/Issues/2017/03/30/global-financial-stability-report-april-2017

^[iv] http://mea.gov.in/bilateral-documents.htm?dtl/28433/IndiaTurkey_Joint_Statement_during_

the_State_Visit_of_the_President_of_Turkey_to_India_30_April_to_1_May_2017

^[v] http://pib.nic.in/newsite/PrintRelease.aspx?relid=161416

^[vi] http://mea.gov.in/bilateral-documents.htm?dtl/28433/IndiaTurkey_Joint_Statement_during_

the_State_Visit_of_the_President_of_Turkey_to_India_30_April_to_1_May_2017

^[vii] http://pib.nic.in/newsite/PrintRelease.aspx?relid=84692

^[viii] http://www.wionews.com/world/exclusive-india-pak-both-have-right-to-aspire-to-nsg-erdogan-15068

Mahatma Gandhi once said that for him true independence meant a day when a woman can go out on to the streets alone at midnight and roam around freely. Generally, it is understood as a statement with respect to the safety of women. It indeed is. For Gandhiji, security and safety of women was of paramount importance. But what he probably also meant was that a woman going out alone at midnight would be respected and not disparaged.

Mobility, Morality and Safety

The typical value system of our society brands women as ‘fallen’, if she is mobile, especially during the night. I am reminded of an attack on a lady journalist in Delhi some years ago. The attack took place in the wee hours of the night when the said journalist was returning home in her car. A senior politician responsible for the security in Delhi had commented that the girl was partly to blame for whatever happened because she had no business to be alone on the streets at three am in the morning. This raises the big question as to what needs to change when it comes to women – the security establishment or the mind-set.

There is no doubt that the security aspect needs to be taken care of. At a time when atrocities against women are on the rise, it is very important that we have stricter laws, more stringent punishments and stronger security measures. But mere laws or security measures can’t save women.

Some suggest that women should train themselves in self-defence. This is important because a man attacks a woman not only out of lust but also because of the fact that she is physically weak. In fact, that makes all physical attacks on women brutal because only in the jungles powerful animals attack weak ones. Men who attack women merely because they are physically weak are no less than brutes. If a woman is strong, nobody dares do any harm to her. But does having physical strength solve the problem? Violence doesn’t happen only at physical level; it can happen at emotional and psychological levels too.

Safety, Honour and Respect

In the name of protection of women, we sometimes end up caging them. I have seen a weird suggestion by an ideologue that the government should bring in a law that prohibits women from working after six pm. It is pertinent here to recall what Prime Minister Modi had said in his maiden Red Fort speech in August 2014.

“If a girl in our house comes home late, the parents grill her with innumerable questions, like, where were you, what were you doing until so late? But when the boy in the house comes home much later in the night, no questions are asked. In the name of women security we actually make their lives more difficult”.

What the Prime Minister meant was that safety of our women lies not in restricting their lives, but in regulating the behaviour of our boys also. Between security and honour, what a woman needs is honour and respect. Not that security is less important. But respect is more important. Once Swami Vivekananda was asked about his views on protection of women. As soon as he heard the words ‘protection of women’, Vivekananda started laughing loudly. ‘protection of women? You will protect her? She is Durga, Kali, Shakti herself. And you want to protect her?’ Swami ridicules. He adds ‘Respect her, so that her safety is automatically taken care of’.

In fact, that is and should be the essence of feminism. G D Andersen puts it very beautifully, “Feminism is not about making women stronger. It is about changing the way the world perceives their strength”. We need to teach our generation respect for women. We need to make them understand and respect the strength and glory of womanhood. It is about womanhood, not just about sisterhood or motherhood alone. A woman needs to be respected as an equal human being irrespective of who she is. No strings attached.

Women Through the Ages

The history and culture of India has been that of utmost respect for womanhood. Look at the two epic characters – Draupadi and Sita. Both the great wars in those epics revolve round the dignity and honour of those two women. The portrayal of Draupadi in Mahabharata was that of a liberal, self-willed and courageous woman. She was married to the five brothers, four of whom had wives separately.

Throughout the epic, her projection has been that of a strong-willed woman. But for her obduracy there wouldn’t have been a war of epic scale in which lakhs were described to have died. There was an occasion when an offer of five villages to five Pandava brothers was made in order to settle the dispute. Being Dharmaraj, Yudhisthira would have gone for it. Knowing it well, Krishna takes the proposal to Draupadi. Draupadi reacts with righteous anger. The brothers can accept the offer if they want; but she is not going to settle for anything short of the blood of Dushasana, who humiliated her publicly by trying to disrobe her. Nobody called her an arrogant and obdurate woman. Instead she is described as ‘Maha Sadhvi’ –woman of epic reverence.

In Mahabharata, while several instances can be chanced upon describing the strong-willed character of Draupadi, there are several other instances that portray the profound respect in which she is held by everybody. Towards the end of the epic comes the ‘Shanti Parv’, the chapter after the war was over. Bhishma, the grand old man was lying on the bed of arrows awaiting his death. Yudhisthira comes to visit him. He won the war and regained the kingdom from the Kaurava clan. He seeks to learn Raj Dharma – wisdom of statecraft – from Bhishma. Draupadi was passing by that place and laughs out loud when she heard Yudhisthira requesting Bhishma to teach him Raj Dharma. In Indian tradition, for anyone to laugh loudly in front of elders in a public place is considered indecent. Moreover Bhishma in this case is on the deathbed of arrows. Yudhisthira chides Draupadi, but the story goes on to say that Bhishma prevents Yudhisthira and states that Draupadi’s laughter was justified. ‘In a full house when she was being disrobed, I too was present, but did nothing. Am I qualified to teach you Raj Dharma? That is the question behind her laughter. It is a very valid laughter’, Bhishma was supposed to have told Yudhisthira.

Our epics have to be read and taught in this spirit. Even in Ramayana, the characters like Sita and Mandodari (wife of Ravana) epitomise woman’s dignity and honour. Sita is the epitome of self-respect and determination. Even under captivity, when Ravana comes to convince her to marry him, she keeps a blade of grass in between the two and addresses her refusal to that blade of grass only. Such was the portrayal of Sita as a woman of courage and determination.

There is a follow up story to the epic Ramayana called Uttar Ramayana. Ram discards Sita once again after returning to Ayodhya and occupying the throne. The reason was that questions were raised by a washerman about the purity of her character after it was known that Sita was pregnant. This was said in spite of the fact that she had already proved her chastity once at the time of the ‘Agni Pariksha’ – the test of fire immediately after the war.

In fact the narrative in Sri Lanka and some other parts of the world about that incident too is very inspiring. When she was asked to prove her chastity, Sita decided to take the fire test. When she was about to enter the fire, Agni, God of Fire, manifested himself before Ram and told him that Sita was so pure that even he couldn’t touch her. It might be a mere story. But the amount of respect attached to a woman in our epics is evident through such narratives.

In spite of that fire test, Ram wants Sita to be dismissed from his court and household. The pregnant Sita was sent away to the forests where she lived in the abode of an ascetic. The story goes on till the Ashwamedha Yagna – the gigantic Horse Ritual – performed by Ram for the expansion of his kingdom.

Luv and Kush, the two children of Ram born in the jungles, obstruct the progress of the horse and the army following it. Everyone is defeated and finally Ram himself was forced to come to the battle in order to free the horse. At that point, he gets to know that the two boys who have taken over the ritual horse were none other than his own children.

The narrative gets interesting here. Ram wanted all of them, including Sita back in his palace. He expressed his profound sorrowfulness for whatever he had done. Sita’s response was epic. ‘I am alive for this day’, she declared and added, ‘I am alive to prove that these twins were Ram’s blood only and not otherwise as accused by a citizen in Ayodhya. Now that you accept them as your children, I happily ask you to take them back’.

As for her return, she declared her intention to go back to her mother – the Mother Earth. ‘I am not someone who can be commanded to get out whenever you want and come back meekly whenever you order. Having cleared the blemish on my character I shall now go to where my dignity and honour are always upheld’. Stating this, Sita joined her mother.

This again might just be a story; but one can’t miss the message that was sought to be conveyed through the story, that a woman needs to be treated with dignity and honour; else she is free to find her place of honour herself.

Historically, in our civilisation, women are respected not for subservience but self-respect and dignity. World’s most ancient literature, the Vedas, contain a number of verses written by women scholars and saints. Gargi, Maitreyi, Lopamudra are some of them. There are at least 30 women authors of the Vedic hymns.

The famous dialogue between Gargi and Yagnavalkya over the concept of Brahman is a tribute to the scholarship of that great Vedic philosopher on the one hand while on the other it is also a testimony to the fact that women had enjoyed enormous respect in the Vedic period. In fact Gargi decided to challenge the renowned philosopher, Yagnavalkya after all the other male sages failed to match up to him in scholarship. She went on shooting questions after questions to which Yagnavalkya patiently gave answers. In the end, Yagnavalkya warned her that she had asked the most profound question after knowing the answer of which there can’t be any more questions. Thus, Gargi conceded in the debate.

A similar incident happens much later when Adi Shankaracharya and Mandana Mishra engaged in a scholarly dialogue. When Mandana Mishra failed to challenge Adi Shankara in the dialogue, his wife Ubhaya Bharati plunged in and challenged Adi Shankara for a shastrartha – scholarly discourse. Adi Shankara was forced to return to his studies before coming back to face Ubhaya Bharati. Finally, he successfully challenged her and defeated her in a debate.

These and many more such instances should be eye openers to those who think that women were always oppressed in India. At the same time, they are also an indication of how our women have been traditionally completely free and respected.

Feminism Vs Essential Freedom

The feminist movements of the west have been a product of the oppressive situations that prevailed in those parts of the world. There was a hilarious discussion in sections of the European philosophers until the 15^th & 16^th centuries as to whether women should be considered as humans or animals. Even at the dawn of the 21^st Century, several Christian denominations like the Baptists and the Pentecostals were undecided over whether to allow women at the pulpit or not. They cite St. Paul’s dictum in 1 Timothy 2:12 (“I do not permit a woman to teach or to have authority over a man”) as a universal injunction to deny women the right to teach the Bible. That has not been the case in India. There is no denying the fact that there were certain aberrations in the Indian society over the treatment of women like Sati etc. But they were never universal in nature and more importantly, they never had any scriptural sanction.

It is time for such a system where women are respected for what they are, and not for what men want them to be, to be brought back. Once that is achieved, we wouldn’t talk about what dress the women should wear or what they should do. Today, we have missed the spirit and held on to the letter.

‘Yatra naryanstu pujyante – Ramante Tatra devatah’, says an ancient verse, meaning that where women are worshipped, the deities come to stay there. It is not expected of anyone to take the verse literally and start worshipping women. What women want today is not worship, but reverence. Irrespective of what she wears, how she behaves and what she does, can the society be trained into respecting women just as women? That is the real challenge today.

(Author is National General Secretary of BJP and Director of India Foundation.)

 (This article is carried in the print edition of May-June 2017 issue of India Foundation Journal.)

There is no tool for development more effective than the empowerment of women”.

– Kofi Annan

Various articles of the Indian Constitution and plethora of legislations advance the cause of gender justice and women empowerment in India. Still, we are struggling to achieve befitting and deserved share of rights for women in society. Recently, the World Economic Forum Global Gender Gap Report ranked India at 139 out of 145 countries on the economic participation and opportunity gap. India’s overall female labour force participation (FLFP) rate has dropped from 35% in 1991 to 27% in 2014 while the world average is around 50%.  Moreover, as per the figures from the National Crime Records Bureau, the year 2015 saw the registration of 3,27,394 cases under the head of Crimes against Women. It is pertinent to mention here that significant number of such crimes go unreported owing to some or the other factors including but not limited to attachment of some degree of social stigma in such cases.

This article seeks to identify the core legal issues involved in addressing the issues faced by women through discussions related to judicial intervention coupled with legislative efforts and recent policy framework in order to pursue related concerns of gender justice.

Judicial Pronouncements

“Respect for reputation of women in the society shows the basic civility of a civilised society. No member of society can afford to conceive the idea that he can create a hollow in the honour of a woman. Such thinking is not only lamentable but also deplorable.  It is an assault on the individuality and inherent dignity of a woman with the mindset that she should be elegantly servile to men”. This was pointed out by the Hon’ble Supreme Court in State of Madhya Pradesh v. Babulal AIR 2008 SC 582.

It is generally said that law begins from the point where morality ends. The same also goes for offences against women.  Sexual violence apart from being a dehumanising act is also an unlawful intrusion on the right to privacy and sanctity of a female. It degrades and humiliates the victim and leaves behind a traumatic experience. It has been rightly said that whereas a murderer destroys the physical frame of a victim, a rapist degrades and defiles the soul of a helpless female. The courts are, therefore, expected to try and decide cases of sexual crime against women with utmost sensitivity. Such cases need to be dealt with sternly and severely.

It is worth noticing at this juncture that it is a settled position of law that if a Court of Law finds evidence of prosecutrix truthful, trustworthy and reliable, conviction can be recorded solely on the basis of her testimony and no further corroboration is necessary. However, the judiciary itself has not remained untouched from criticisms and has rendered several judgments which can be regarded as injudicious. The case of Mohd. Habib v. State 1989 CriLJ 137is one such example.

The facts of this case included that appellant, aged 21 years, was alleged to have been arrested at the spot, for the offence of rape. On medical examination, it was found that the appellant had three simple injuries; one was on the skull, the second on right thumb and the third on the left hand. The prosecutrix was between 7 to 10 years of age. The medico-legal certificate even showed that there was a bite mark on the right thigh of the prosecutrix and that her hymen was also ruptured.

The counsel for the appellant, apart from others placed reliance on Rahim Beg v. The State of U.P. 1972CriLJ 1260 (paragraph 26), in support of his plea. In paragraph 26 of that judgment, it has been observed that:

“…If a girl of 10 or 12 years who is virgin and whose hymen is intact is subjected to rape by a fully developed man, there are likely to be injuries on the male organ of the man. No injury was, however, detected by the doctor on the male organ of the accused. The absence of such injuries on the male organs of the accused would thus point to their innocence.”

The Court arrived at the conclusion that the medical evidence falsifies the evidence of the two eye witnesses as well as of the prosecutrix, and accordingly acquitted the accused. The most important facts such as the age of the victim (being seven years) and that she had suffered a ruptured hymen and the bite marks on her body were not considered by the High Court.

Yet another disputed judgment rendered in “The Mathura rape case” related to an incident of custodial rape in the year 1972, wherein the victim, a young tribal girl, was allegedly raped by two policemen in the compound of Desai Ganj Police Station in Chandrapur district of Maharashtra. The Supreme Court held that Mathura had raised no alarm; and also that there were no visible marks of injury on her person thereby suggesting no struggle and therefore no rape.  After the Supreme Court acquitted the accused, there was public outcry and protests, which eventually led to amendments in Indian rape law via – The Criminal Law (Second Amendment) Act 1983.

Another infamous case pertains to gang rape of Bhanwari Devi by a group of men as she attempted to stop a child marriage in their family. Bhanwari Devi was a social worker (saathin) at rural level in a development programme initiated by State Government of Rajasthan, aiming to curb the evil of child marriages in villages. The trial court acquitted the accused in this open and shut case. However, the case paved the way for the famous judgment called Vishaka and others Vs. State of Rajasthan and Others  AIR 1997 SC 3011, which for the very first time gave the definition of sexual harassment.

Vishaka Judgment

The Vishaka Judgment highlighted that it is necessary and expedient for employers in work places as well as other responsible persons or institutions to observe certain guidelines in order to ensure the prevention of sexual harassment of women. It casted a duty on the employer or other responsible persons in work places and other institutions to prevent or deter the commission of acts of sexual harassment and to provide the procedures for the resolution, settlement or prosecution of acts of sexual harassment by taking all steps required. It further defined “sexual harassment” and included such unwelcome sexually determined behaviour (whether directly or by implication) as:

1. a) Physical contact and advances;
2. b) A demand or request for sexual favours;
3. c) Sexually coloured remarks;
4. d) Showing pornography;
5. e) Any other unwelcome physical, verbal or non-verbal conduct of sexual nature.

In cases where any of these acts is committed, the circumstances can be humiliating for the woman and may constitute health and safety concerns. It is discriminatory, for instance, when the woman has reasonable grounds to believe that her objection would disadvantage her in connection with her employment or work including recruiting or promotion or when it creates a hostile work environment.

Victim’s Privacy

Yet another issue relates to the publication of the name of the victim relating to certain offences like offence of rape. The same is against the letter and spirit of section 228-A of the Indian Penal Code. However, it is witnessed in several of the cases that the court itself has committed such a mistake. Although the courts are not bound by the provisions, but the court in such cases should carefully decline to mention the names of the victim to protect her civil liberties.

Noting this culture of publishing names of victims, it was laid down by Hon’ble Supreme Court in Bhupinder Sharma v. State of Himachal Pradesh AIR 2003 SC 4684,
“We do not propose to mention name of the victim, section 228-A of the Indian Penal Code, 1860 (in short ‘IPC’) makes disclosure of identity of victim of certain offences punishable. Printing or publishing name of any matter which may make known the identity of any person against whom an offence under Sections 376, 376-A, 376-B, 376-C, or 376-D is alleged or found to have been committed can be punished. True it is, the restriction does not relate to printing or publishing of judgment by High Court or Supreme Court. But keeping in view the social object of preventing social victimisation or ostracism of the victim of a sexual offence for which Section 228-A has been enacted, it would be appropriate that in the judgments, be it of this Court, High Court or lower Court, the name of the victim should not be indicated we have chosen to describe her as ‘victim’ in the judgment”

Women in Judiciary

Some of these judgements, committing the error of severe social implications, are because of the gender imbalance within the judiciary. There exists a severe scarcity of female judges and lawyers. Supreme Court of India has only seen six female judges (till October 2016) since its inception in 1950. The 24 High Courts in the country have severe dearth ofof women judges with many High Courts not having even a single woman judge. The number of women that get recommended by the collegium to the government is also very low. It took more than four decades after independence for a woman to be appointed as a Supreme Court judge. A woman was appointed to the High Court only in 1959. At no point have there been more than two women judges in the Supreme Court.

While women got the right to practice in 1922, the first woman additional solicitor general could be appointed only in 2009. The country has not had a woman Solicitor General or Attorney General.

Sexual and Financial Harassment

The legal profession is male-dominated. Women face sexual harassment of varying degrees and sexual harassment laws need to be interpreted to keep in mind such instances. First, sexual harassment laws usually address harassment at the workplace. For women lawyers, the ‘workplace’ is often the courts. However, lawyers practising in the courts are not ‘employees’ of the judges, and therefore the definitions of workplace, employers and employees in sexual harassment law needs to be interpreted broadly.

Secondly, it is extremely difficult for women lawyers to complain of harassment. Women lawyers would face sexual harassment in various ways – from co-lawyers; senior lawyers; judges; co-workers and their employers.  Law students, legal interns and paralegals are particularly prone to harassment as well as others who access the system such as clients or litigants. The court corridors become a hub where almost every woman lawyer is observed and discussed by male lawyers, with respect to their dress, mannerisms and relationships. This gossip often gets carried to the judges, courts staff and clerks. Complaining against a senior lawyer or a judge too has huge repercussions on the woman’s future legal career perspectives.

Even today, there are clients who prefer male lawyers over female lawyers, mainly because of the traditional belief that the former are more capable of handling legal cases. Such preference is also attributed to the fact that India is still a male dominated society. Though women face challenges in the legal profession, no one can stop them to work in the field which is quite paying and rewarding if hard work and dedication is put in. Giving women more opportunities and by treating them equal to men in the legal field will give impetus to a lot of female lawyers to join litigation and make a good legal career for themselves. Appointments and special legal positions should be offered to women to create inspiration for the rest.

Empowerment through Employment:

For a long term commitment to improve the situation of women in society, empowerment has to be looked at beyond legislative measures and judicial pronouncements. Financial inclusion and independence is the surest means to empower women as it removes their dependence upon men. Financial independence also has a direct correlation with crimes against women. But instead of putting restrictions on women’s freedom, empowerment should be done in a more tenable and by socially wiser approach. Some of the judgments of Apex Court are worth discussing in this regard.

The Apex Court in Anuj Garg and Ors. v. Hotel Association of India and Ors: (2008) 3 SCC 1, declared ban on employment of women in establishment where liquor was served, as discriminatory as well as violative of Articles 14, 15, 19 and 21 of the Constitution. The Hon’ble court also observed that with the advent of modern State, new models of security must be developed. It suggested that there could be a setting where the cost of security in the establishment be distributed between the State and the employer.

In the case of AIR India v. Nergesh Meerza and Ors (1981) 4 SCC 335 validity of Service Regulations 46 and 47 were in question. Regulations 46 and 47 were contended as discriminative and ultra vires by respondents. Regulation 46 was related to termination of service of air hostesses (AH) upon attaining age of 35 years or on marriage, if it took place within 4 years of service or on first pregnancy whichever occurs earlier.

With regard to air hostesses, the contention of the management was that they are in a special class. They have to deal with passengers of various temperaments, and a young and attractive air hostess is able to cope with difficult or awkward situations more competently and more easily than an older person with less personal prepossessions. It was held that the condition namely ‘or on first pregnancy whichever occurs earlier’ was unconstitutional, void and violative of Article 14. Regulation 47 provided for extension of service of AH at option of Managing Director (MD). Thus, it conferred wide and uncontrolled power on MD and suffered from excessive delegation of power and hence the same was also held violative of Article 14.

However, the said judgment is criticised on the ground that, in holding that AFPs (Assistant Flight Pursers) and AHs (Air Hostesses) constituted separate classes, and therefore different service conditions were valid, the Court ignored the fact that the classes themselves were constituted along the lines of sex.

It can be concluded that sex discrimination in jurisprudence is still developing with time. However, the ongoing support of the apex court with respect to permanent commission of women pilots and similar issues are commendable. A socially sensitised judge is better armour in cases of crime against women than long clauses of penal provisions, containing complex exceptions and complicated provisos.

Recent Policy Redesign

The government, in the recent, has also strived hard by way of its recent policy redesign to make gender justice accommodative and considerate enough to incorporate all related concerns.  It was in the year 2001 that National Policy for the Empowerment of Women was launched with an objective to bring about the advancement, development and empowerment of women. The policy was widely disseminated to encourage active participation of all stakeholders for achieving its goals. The recent years saw the launching of various programmes by the government to address and take forward such goals.

Skill development and Employability

The Ministry of Women & Child Development has been administering ‘Support to Training and Employment Programme for Women (STEP) Scheme’ since 1986-87 as a ‘Central Sector Scheme’. The STEP Scheme aims to provide skills that give employability to women and to provide competencies and skill that enable women to become self-employed/entrepreneurs. The Scheme is intended to benefit women who are in the age group of 16 years and above across the country. The Rashtriya Mahila Kosh (National Credit Fund for Women) was set up in 1993 to make credit available for lower income women in India. The government’s investment in skills training through schemes like the Deen Dayal Upadhyaya Grameen Kaushalya Yojana is also laudable in this aspect.

The Ministry of Women & Child Development has also recently launched “Mahila E-Haat” a bilingual portal in March, 2016. This is a unique direct online marketing platform leveraging technology for supporting women entrepreneurs. This exclusive portal is the first in the country to provide a special, focused marketing platform for women. It aims at financial inclusion and economic empowerment of women.

Improving Child Sex Ratio

Declining Child Sex Ratio (CSR), defined as number of girls per 1000 of boys between 0-6 years of age, in past few decades is alarming. The decline in the CSR is a major indicator of women disempowerment. Social construct discriminating against girls on the one hand and easy availability, affordability and subsequent misuse of diagnostic tools on the other hand, have been critical in increasing sex selective elimination of girls leading to low child sex ratio. In this respect, the recent initiative called ‘Beti Bachao Beti Padhao’ can be a game changer. This is being implemented through a national campaign and focussed multi sectoral action in 100 selected districts low in CSR, covering all States and UTs. The objectives of this initiative aims to prevent gender biased sex selective elimination, ensuring survival & protection of the girl child and imparting education and participation of the girl child.

Improving Health & Nutrition

India has a high neonatal mortality rate. It is estimated that out of all the infants who die in India, 70 percent die in the first month. The issue is directly attributable to the poor health/ malnourishment of pregnant mothers. It is pertinent to mention here that on prevalence of anaemia in women of reproductive age, India ranks 170 out of 185 countries at 48.1% (Global Nutrition Report). A mother’s health and nutritional status significantly affect the biological development of the foetus.

The National Food Security Act, 2013 legislated a universal cash entitlement for pregnant women of atleast six thousand rupees. This program presents a promising opportunity to help improve nutrition during pregnancy.  Also, Janani Suraksha Yojana (JSY) – safe motherhood intervention under the National Rural Health Mission (NRHM) being implemented with the objective of reducing maternal and neo-natal mortality by promoting institutional delivery among the poor pregnant women aims to improve the situation in this respect.

Recently, the Maternity Benefit (Amendment) Bill, 2016 was passed by Rajya Sabha in August 2016, seeks to increase the period of maternity benefit to 26 weeks from the present 12 weeks. The Bill also introduces a provision to grant 12 weeks of maternity leave to a woman who legally adopts a child below three months of age and also to a commissioning mother. It is estimated that the bill will help nearly two million women employed in the organised sector. However, on closer analysis it can be argued that the Maternity Bill may not be as progressive as it sounds as it can further make women less desirable as employees in free market enterprises. For example, employers would like to avoid employees who may take half a year off in the foreseeable future.

When it comes to ensuring Gender Justice in India, the three arms of the government – legislative, executive and judiciary – have to work in tandem for a Gender Just nation. We still have a long road to traverse.

(Ravi Prakash is an Advocate based in Delhi and Patna.)

(This article is carried in May-June 2017 issue of India Foundation Journal)

“The State shall endeavour to secure for citizens a uniform civil code throughout the territory of India.”

                                                                                –  Article 44, Directive Principles of State Policy, Indian Constitution

A Uniform Civil Code (UCC) is one where a common set of civil laws replace personal laws i.e. laws that find their authority from customs, religious scriptures etc., for citizens of a country. Personal law deals with issues of adoption, maintenance, divorce, marriage and inheritance. UCC has been a point of contention for several decades, having emerged as a political tool to fuel election campaigns rather than a truly acted upon development agenda. While highly politicised debates surround it, a key issue that has emerged in the UCC is the submergence of equal rights for women under personal laws. Personal laws stem from highly patriarchal structures and women have historically not been engaged in their formation. While some effort has been made to bring greater uniformity and reforms in personal laws, the efforts remain in the form of piecemeal offerings. Here, we ask and assess if India is sacrificing gender justice at the altar of preserving personal laws.

A common contention by those factions opposed to demands for a UCC is their argument that a Uniform Civil Code only seeks to reform Muslim laws in India; however, in practice, such reform would extend to personal laws of all religions in order to form a Uniform Civil Code that applies equally to all citizens of India. Talk on UCC has become more of a political tool and means of minority appeasement. Those who oppose the UCC have also not been able to account for needs and processes to ensure gender justice without a UCC.

Examples of how personal laws negatively affect women in some of the religions practiced in India are:

Parsi personal law:

• If a Parsi woman marries someone who isn’t a Parsi, their children are not accepted as part of the Parsi community. However this does not apply to a Parsi man marrying outside the Parsi community.
• A non-Parsi woman who is married to or is the widow of a Parsi man cannot inherit on his death though their children can inherit.
• Hindu personal law:

• If a married woman dies without having any children, her property, under the Hindu Succession Act, is inherited by the heirs of her husband and not her own.
• Section 6(a) of the Hindu Minority and Guardianship Act gives the father the status of the natural guardian in the case of a legitimate child. The need for equality of rights of natural guardianship between both parents is ignored.
• Hindu men are also allowed to practise bigamy under certain conditions in Goa, although Goa claims to be the only State to have a Uniform Civil Code in place.
• Muslim personal law:

• The practise of Talaq-e-bidat (triple talaq) allows for a Muslim man to divorce his wife instantaneously by uttering the word talaq three times in one sitting, a Muslim woman must follow a legal procedure after obtaining her husband’s consent to be able to get a divorce.
• Allows for a Muslim man to have multiple wives.
• The practice of Nikah Halala determines that a Muslim woman is not allowed to remarry the husband who has divorced her unless she first marries another man and consummates that marriage.

The examples above highlight the issue with respect to personal laws and gender justice. These laws are highly regressive, unequal and a reflection of entrenched patriarchy in the evolution of personal laws and power structures.  There are also gaps in personal laws that do not account for measures needed for empowerment of women and marginalised sections. While a UCC will greatly further gender equality, it also needs to ensure that these gaps are acknowledged and worked upon. The UCC must emerge as more than just a compilation of the most gender-just provisions of personal laws. It must aspire for codification of laws that govern personal matters in an encompassing and just manner across all states in India.

Women’s rights movements and civil society organisations have long called for a Uniform Civil Code. Women of minority communities, especially Muslim communities have also raised their voice against gender discriminatory practices in personal laws. There are now several who are propagating for reforms in personal laws. Such reforms also find backing in various judgements.

The Indian judiciary has also clearly outlined the negative impact of personal laws on women and gender equality in several of its judgements. It was the Mohd. Ahmed Khan vs. Shah Bano Begum & Ors.^[1] case of 1985 that gave a heightened media visibility to the need for a UCC to remove conflict in personal and civil laws, promote national integration and gender equality. Similar judgements observing the need for a UCC have been made over the years. A recent judgement, Prakash & Ors. vs. Phulavati & Ors.^[2] 2015, observes gender discrimination under and as an effect of personal laws as a violation of fundamental rights as guaranteed by the Constitution under Articles 14, 15 and 21, that deal with the right to life with dignity and equality.

Several scholars state reliance on case verdicts as possible legal recourse for affected women rather than the formulation of a Uniform Civil Code. As for example, in the Shamim Ara v State of U.P. & Anr.^[3], 2002, it was held by the Supreme Court that instantaneous triple talaq does not end a marriage. While certain judgements have definitely struck down some discriminatory practices in personal laws over the years, there remains a need to codify it to make the law clear on such issues and the legal process simpler for women to access. It is required so that exertion of fundamental human rights of each individual woman does not become a legal battle. Calls for uniformity of rights or step by step reforms within personal laws itself over a Uniform Civil Code ring hollow as they fail to account for additional measures that need to be codified to aid women empowerment and equality. A step by step approach also fails to assess the damage the delay causes in realisation of women rights in personal spaces.

^[1] Link to judgment: https://indiankanoon.org/doc/823221/

^[2] Link to judgment: http://www.advocatekhoj.com/library/judgments/announcement.php?WID=6699

^[3] Link to judgment: https://indiankanoon.org/doc/332673/

(Vandita Morarka is an independent policy consultant and gender rights facilitator. She is currently engaged at Safecity as the Policy, Legal and UN Liaison Officer.)

(This article is carried in the print edition of May-June 2017 issue of India Foundation Journal)