In Her Defence: Ten Landmark Judgments on Women in the Armed Forces by Navdeep Singh and Shivani Dasmahapatra, a detailed review

In Her Defence: Ten Landmark Judgments on Women in the Armed Forces is a seminal work that delves into the intersection of gender, law, and military service in India. Authored by Navdeep Singh and Shivani Dasmahapatra, the book is an anthology of ten essays that analyse landmark judicial decisions impacting women in the Indian Armed Forces and Central Armed Police Forces (CAPF). The book comprehensively examines the challenges women face in these traditionally male-dominated institutions through a combination of legal analysis, socio-political commentary, and personal narratives. The foreword by Major Priya Jhingan, the first woman to join the Indian Army, sets the tone for a work that is both a legal critique and a call to action for gender equality.

Themes and Content

The book is structured around ten essays, each focusing on a specific judgment or issue related to women in the armed forces. The themes explored include gender equality, workplace discrimination, pregnancy discrimination, sexual harassment, and the role of the judiciary in advancing women’s rights. The essays are meticulously researched and written by contributors who bring diverse perspectives, including legal scholars, practitioners, and activists.

1. Gender Equality and Women Empowerment: The book underscores the judiciary’s role in dismantling systemic biases and promoting gender equality. It highlights how legal judgments have challenged discriminatory practices, such as excluding women from specific roles and denying permanent commissions. The essays emphasize the need for substantive equality, which goes beyond formal legal rights to address the structural and cultural barriers women face.
2. Justice and Prejudice: The anthology represents the judiciary’s power to overcome prejudices. It illustrates how landmark judgments have upheld constitutional rights and catalysed social change by challenging patriarchal norms and stereotypes.
3. Constitutional Rights: The book consistently emphasizes the importance of constitutional guarantees, particularly Articles 14, 15, and 16, which prohibit discrimination based on sex. It critiques the gap between legal promises and lived realities, arguing for more vigorous enforcement of these rights.
4. Challenging Societal Norms: The essays address the deeply ingrained societal norms perpetuating gender discrimination. They critique the perception of women as secondary or adjunct members of the armed forces and advocate for a cultural shift that recognises their equal contributions.

Analysis of Key Essays

1. A Judicially Aided Leap Towards Equality: This essay sets the stage by examining how judicial interventions have advanced gender equality in the armed forces. It highlights key cases, such as Ministry of Defence v. Babita Puniya, where the Supreme Court ruled to grant permanent commissions to women officers. The essay underscores the judiciary’s role in interpreting constitutional rights in a manner that promotes inclusivity.
2. Pregnancy Discrimination in the Workplace: This essay critically examines pregnant women’s challenges in the armed forces. It discusses cases like Neetu Bala v. Union of India, where the court ruled that pregnancy cannot be a disqualification for employment. The essay calls for a shift in mindset to treat pregnancy as a normal state rather than a basis for discrimination.
3. Sexual Harassment and Workplace Safety: This essay addresses the implementation of the Prevention of Sexual Harassment (PoSH) Act within the armed forces. It highlights the gap between statutory protections and their practical application, emphasizing the need for greater accountability and systemic changes to ensure a safe work environment.
4. Challenging Bias and Gender Narratives: This essay critiques traditional gender roles and stereotypes that limit women’s opportunities. It advocates for a more inclusive culture that values diversity and recognizes the capabilities of women in the armed forces.

Strengths of the Book

1. Comprehensive Legal Analysis: The book thoroughly examines landmark judgments, offering insights into each case’s legal reasoning and socio-political implications. The contributors adeptly unpack complex legal concepts, making them accessible to a broader audience.
2. Intersection of Law and Society: The essays go beyond legal analysis to explore the societal and cultural contexts that shape women’s experiences in the armed forces. This interdisciplinary approach enriches the reader’s understanding of the issues at hand.
3. Diverse Perspectives: Including essays by various contributors ensures a multiplicity of viewpoints, from legal scholars to practitioners. This diversity enhances the depth and breadth of the analysis.
4. Call to Action: The book is not merely an academic exercise but a call to action for policymakers, military leaders, and society. It advocates for systemic changes to achieve genuine gender equality.

Weaknesses and Limitations

1. Limited Focus on Intersectionality: While the book addresses gender discrimination, it could have explored the intersection of gender with other identities, such as caste, class, and religion, which also shape women’s experiences in the armed forces.
2. Lack of Empirical Data: The book relies heavily on legal analysis and case studies but could have benefited from empirical data, such as surveys or interviews with women in the armed forces, to provide a more nuanced understanding of their lived experiences.
3. Overemphasis on the Judiciary: While the judiciary plays a crucial role, the book could have explored the role of other institutions, such as the executive and legislative branches, in advancing gender equality.
4. For a Very Specific Audience: Though the book touches upon social awareness and the need for the masses in general to rise against discrimination, the content may be perplexing for a large section of non-fiction readers. The legal lexicon and analysis will be apt for those who understand the judicial process.

The Paradox – not related to the book, but important!

While the book is significant as it highlights the discrimination against women in the armed forces, it reminded me of another discrimination that we seldom discuss in the public discourse or even the media. Do you remember the first woman CJI? Okay, do you remember any woman Chief Justice of India? YOU CANNOT! The legal luminaries serving the high pedestal of justice in India cannot find any woman suitable to be escalated by the intellectually impenetrable collegium system that recommends the names to become the CJI and serve India’s highest throne of justice. No woman yet? Is that discrimination enough? The same courts and the honourable supreme court that pass order after order securing participation and honour of women in different walks of life cannot find a woman qualified enough to sit on the high chair of justice! Just a paradox that cannot be solved!

Broader Implications

The issues discussed in In Her Defence resonate beyond the Indian Armed Forces, offering insights into the global struggle for gender equality in traditionally male-dominated professions. The book highlights the importance of legal reforms, cultural shifts, and institutional accountability in achieving substantive equality. It also underscores the transformative power of the judiciary in upholding constitutional rights and driving social change.

Conclusion

In Her Defence: Ten Landmark Judgments on Women in the Armed Forces is a significant contribution to the literature on gender, law, and military service. It combines rigorous legal analysis with socio-political commentary to provide a holistic understanding of women’s challenges in the armed forces. While the book has some limitations, its strengths far outweigh them, making it an essential read for scholars, policymakers, and anyone interested in pursuing gender equality. The anthology documents the progress made and serves as a rallying cry for continued advocacy and systemic change.

Rating: 4.5/5

The book is highly recommended for its insightful analysis, interdisciplinary approach, and compelling call to action. It is a valuable resource for understanding the legal and societal dimensions of gender equality in the armed forces and beyond.