VOLUME 2013.04 April 2013 CUHP CHRONICLE

The Mirror and Voice of the

Central University of Himachal Pradesh [Established under the Central Universities Act 2009]

PATRON: Prof. Furqan Qamar Vice Chancellor Editor’s Desk CHIEF EDITOR: Prof. Arvind Agrawal Dean, SoSS & SoFA&AE Dear Reader Govt. of India; Justice R. S. Chauhan, EDITORIAL ADVISORS: Rajasthan High Court etc., gave a Prof. Yoginder S. Verma Warmth swoops the Dauladhar PVC & Dean, S0BMS and SoTT&HM rare opportunity for the CUHP family Prof. H.R. Sharma Ranges and the Kangra valley as Dean Students’ Welfare & Provost to interact and get illuminated. Prof. I.V. Malhan days become sunny. The summer Dean, MC&IS Pearls of wisdom are formed in the has set-in. Academic ventures at Mr. B.R. Dhiman whirlwind of brainstorming academic Finance Officer & Registrar (Addl. CUHP also get heated up in view of Charge) efforts. When the Schools and De- the approaching examinations. The EDITORS: partments become vibrant, our Uni- FACULTY truth that learning does not always Dr. Asutosh Pradhan versity will contribute to the treasure Assoc. Professor, Social Work need the confinement of four walls of enlightened knowledge. This Dr. M. Rabindranath of the class rooms or labs is exem- Dean, JMC&NM dream is getting gradually material- Dr. Pradeep Kumar plified by the study tours taken up Head, Dept. of MC&EM ized, witnessing to which is a joy in Dr. Khem Raj by various departments in April. Asst. Professor, English itself. Public lectures by eminent person- Prof. Arvind Agrawal STAFF Mr. Sanjay Singh alities from various fields like Shri With best wishes, Chief Editor Hindi Officer Ashok Thakur, Secretary, MHRD,

STUDENT arvind agrawal Ms. Aditi Sharma Mr. Akash Aggarwal Ms. Alka Lalhal Mr. Ankit Mahajan Ms. Isha Negi Hon’ble Mr. Justice Raghavendra S Chauhan: A Profile Mr. Jaspreet Singh Ms. Parul Kaul Mr. Raghav Manocha Versatility is hallmark of persons Judge at an early age of 45 in Inside this issue: who are a genus unto them- 2005. selves. Hon’ble Mr. Justice Address by Secretary, MHRD 2 Currently serving as Justice at Raghavendra S Chauhan is such Study Tour of Dept. of Physics ... 2 the Rajasthan High Court, a genius, who has left mark on 8th AC & 11th EC Meetings 3 Jaipur Bench, Justice R S fields that rarely converge. Condolence Meeting 3 Chauhan’s presence in the Schooled and graduated in the Lectures by Justice RS Chauhan 4 academic field related to Law Justice R. S. Chauhan Unites States, got Bachelor De- Earth Day Celebration 4 is internationally well known grees in Fine Arts and History Lecture on Rural Connectivity to 4 and appreciated. He is the from Arcadia University, USA tise. Though overburdened World Book Day Celebrated 5 author of a number of journal with Gold Medal and took LLB with the duties of a High Visit to IHBT 5 articles and had served as from Delhi University. Justice Industrial Visit of SoBMS 5 editor-in-chief of Rajasthan Court Judge, the Justice finds Chauhan got enrolled as advo- time to study and write HIMSPARK’13 6 Criminal Cases (1994 - 96). He cate in 1983. Specialized in about art and history. He is Workshop of Media Society 7 also enjoys membership of Criminal Law, Service Law, Con- currently engrossed in the Students Council & Central 7 various societies, academies stitutional Law etc., Advocate R Purchase Committee Meetings and associations which are process of writing a scholarly S Chauhan was elevated to be ‘Parisamvad’ 8 related to his field of exper- book on Kangra Paintings. Study Tour of Dept. of Econom- 8

Placement Camp 8 A beautiful university nestled amongst snow clad mountains. A cosmopolitan faculty, a small student Complete Lecture of Justice R.S. 9 Chauhan population is a great blessing. The interactive session with the faculty and the students was an exhila-

Shri Ashok Thakur: A Profile 17 rating experience! Please do keep up the great work. - Justice R.S. Chauhan Central University of Himachal Pradesh

Secretary, Higher Education, MHRD addresses Faculty and Research Scholars

Sh. Ashok Thakur, IAS, Secretary (RUSA) as part of the 12th Five dates who are technically eligible to the Government of India, Year Plan will tackle the issue of for the posts were extremely Department of Higher Educa- contractual labour in the univer- poor in their communication tion, Ministry of Human Re- sities in the state and elsewhere skills and conceptualisation abili- source Development, New through the RUSA programme. ties”, he said. He also suggested Delhi, addressed the faculty of “Presently funding of the state that the Department of Higher the university in the Seminar universities from the respective Education may conduct mass Hall of the Temporary Academic states is either stagnant or de- training programme for improv- Block of the University at Shah- clining, which in turn force them ing the skills of the qualified pur. to stick to practices like contrac- candidates as part of raising the Release of Prospectus for Addressing the gathering, he tual employment and affiliation quality of higher education in the the Academic Session 2013-2014 said that the quality of higher programmes. However, with country. education should be improved RUSA, we are planning to ad- Mr. Ashok Thakur also released and in the 12th Five Year Plan dress these issues which are the Prospectus of the University stress has been laid on highly affecting the quality of educa- for the academic year 2013-14. “It has been an eye opener for trained faculty, use of ICTs and tion in the country so much,” he me seeing the way the univer- Ms Sarojini Ganju Thakur, Chair- software in addition to mone- said. man of HP-Private Education sity is unfolding itself in terms tary and infrastructural devel- of the academic inputs and the While discussing with the fac- Regulatory Committee and Pema opment. ulty and research scholars about Chonjor, Minister for Religion framework being created here. “Faculty is the source or the how to improve higher educa- and Culture of Tibetan Govern- The VC and his team of dedi- kernel for providing higher edu- tion in the country, he said, ment in Exile were also present cated faculty is striving hard in cation.” he said. Stressing on “Basic education should be im- in the function. achieving the vision of this the need to provide access to proved to enhance higher edu- Pro Vice Chancellor, Prof. Yog- Central University. I wish all content, he said interconnectiv- cation system”. inder S. Verma, Registrar, B. R. my best wishes in the great ity needs to be provided among Addressing the gathering, Prof. Dhiman, Prof Arvind Agrawal, endeavour of nation-building” various universities and institu- Furqan Qamar, Hon’ble Vice Dean, School of Social Sciences tions. Interacting with the fac- Chancellor, said that finding and other Deans and Heads of - Shri Ashok Thakur ulties and research scholars in quality candidates for teaching the departments, faculty mem- the campus about the ways to Secretary Education, jobs in higher education is very bers and research scholars of the improve quality of higher edu- difficult. “For recruitment, we university were also present in Govt. of India cation, he said that Rashtriya found that most of the candi- the function. Ucchatar Shiksha Abhiyan

Educational Tour by the students of the Department of Physics and Astronomical Sciences

Wonderful to be at the Central The students of the M.Sc. accelerator centre and gave various attractions of Science University of Himachal Pradesh. Physics (4th Semester) visited details to the students about City like, Flight Simulation, La- Congratulations to the VC & Fac- the Inter-University Accelera- the construction, functioning, ser Show, 3D Show Digital, ulty Members for your commit- tor Centre (IUAC) New-Delhi applications and future plans Planetarium Show and Dino- ment & dedication. - Kalon Pema Chinjor and Science City Jallandhar of the IUAC. It may be noted saurs’ Park etc. Deptt. of Cultural & Religion, during a four day Education that IUAC is an accelerator Altogether, this tour enlight- CTA, Dharamshala Tour program (17-04-2013 to facility instituted by the UGC ened the students with the 20-04-2013). for the Indian university stu- latest updating in the respec- A group of seventeen (17) stu- dents and teachers to do re- tive fields and the international dents was led by Dr. B.C. Chau- search in the frontier areas of level facilities available. They han, Associate Professor. Dr. Nuclear Physics, Material Sci- certainly got a feeling of the Dalip Singh Verma, Assistant ence, Condensed Matter Phys- phenomena studied in the Professor and RD scholar Ms. ics and Medical Physics. classrooms. Overall the trip was Jyoti Bhardwaj also accompa- On the way back from New- highly beneficial for educational nied the group. The group Delhi, the students visited Sci- purpose and proved to be ex- visited IUAC on 18th April. A ence City at Jalandhar on 20th hilarating, recharging and re- senior scientist Dr. Pankaj April 2013. The group visited freshing for all the students. The Group in front of IUAC Baghel led the group to the

Page 2 VOLUME 2013.04

8th Academic Council & 11th Executive Council Meetings Held

Eighth Meeting of the tus for admission dur- sense that they were Academic Council of ing the academic ses- the last meetings of the the University was held sion 2013-14. The Ex- first Academic Council on 4th April 2013 at the ecutive Council, and the first Executive India International Cen- amongst other impor- Council which had been tre, New Delhi. The tant agenda, approved constituted by the Gov- 8th Academic Council meeting of the Aca- the recommendation of ernment of India. From Meeting in Progress demic Council was fol- the selection commit- now on ward the subse- lowed by the 11th tee in education and quent Academic Council Meeting of the Execu- also approved the en- and Executive Council tive Council. These two gagement of Honorary shall be constituted as meetings were held and Adjunct Professors per Statutes that have back to back on the in select disciplines. been approved by the same day. The Aca- These meetings of the President of India in his

11th Executive Council demic Council, inter Academic Council and capacity as the Visitor Meeting being Chaired by alia, considered and Executive Council as- of the University. the Hon’ble Vice Chancellor Prof. Furqan Qamar approved the Prospec- sume significance in the

CUHP condoles the sad demise of one of its students

Department of Physics nately could not re- all the teachers, stu- & Astronomical Science cover from the serious dents and members of lost a bright student of injuries and left for the the non-teaching staff M.Sc. II Semester Shri heavenly aboard. by holding a condolence

Ashish Kumar on 1-4- The students and fac- meeting at the TAB. 2013. ulty of the Department Deeply grieved students Mr. Ashish Kumar was of Physics and Astro- and faculty members of seriously injured in a nomical Science are un- the School of Physical & road accident on 30th der deep sorrow on the Materials Sciences paid March 2013 and was demise of this student. their last respect to referred to PGI, Chandi- The CUHP family ex- Mr. Ashish Kumar. Mr. Ashish Kumar garh. He was under pressed heartfelt con- CUHP CHRONICLE ex- horts to all to use hel- treatment, but unfortu- dolences on behalf of mets on motorbikes.

Page 3 Central University of Himachal Pradesh

Dept. of Social Work organises Public Lectures on ‘Gender Sensitization’ and ‘The Indian Constitution’

The Social Work Society of Depart- Judge, he clarified the complex legal this regard that the Constitution ment of Social Work organized Public concepts and practice issues. The becomes the ray of hope for the Lectures on the topics ‘Gender Sensiti- Vice-Chancellor too laid emphasis on common Indian out there; to get zation’ and ‘The Indian Constitution: the gender sensitivity in our mental access to justice, without the barriers The Panacea for Social Problems’ on and social orientation. Prof. Arvind and borders of any discriminating April 25-26, 2013 delivered by eminent Agrawal, Dean, School of Social Sci- entities. speaker Justice R. S. Chauhan, Sitting ences introduced the speaker. The lectures were attended by the Judge, Rajasthan High Court, Jaipur. Justice Chauhan also spoke on the Deans, Heads, faculty members and The inaugural lecture was chaired by role and importance of the Indian students from various Schools/ Hon'ble Vice Chancellor, Prof. Furqan Constitution in finding solutions to Departments who took active part in Qamar. the problems faced by the general the deliberations during and at the Justice Chauhan emphasized upon the public. The speaker highlighted the end of the lectures. awareness, sensitization and enlight- significance of the Constitution both Justice Chauhan taking questions At the end, vote of thanks was pro- enment of people where laws provide as a legal and a social document. from the audience posed by the Convener of the Social the basis to ensure gender justice. The India, whose existence itself is plural- Work Society Mr. Shabab Ahmad, speaker, an authority in matters con- istic with regard to the languages Asst. Professor. Ms. Ambreen Jamali, cerning legal issues, delivered the spoken, cultures practiced, social Asst. Professor, compered the public lecture with passion and erudition. norms adhered to; needs a strong lecture. Taking instances from the treasure of ‘grundnorm’ – the Supreme Law – to his vast experience as a lawyer and keep its integrity as a nation. It is in

School of Earth and Environmental Sciences celebrates Earth Day

School of Earth and Environmental The inauguration was followed by the of CUHP was the Chief Guest at the Sciences (SoEES) at the Central Univer- lead talk by Dr. Anupam Sharma, valedictory function. He highlighted sity of Himachal Pradesh celebrated Associate Professor, SoEES, giving the importance of Earth Day and Earth Day 2013 on 22nd April 2013. details of origin of Earth and its age. congratulated the students for their Inaugurating Earth Day celebrations, Talking on the occasion, Dr. Deepak role in different events and distrib- Prof A.K. Mahajan, Dean, School of Pant, Associate Professor, SoEES, uted different prizes to students. Earth and Environmental Sciences, stressed on the use of four dustbin The Students of School of Earth and detailed on the importance and his- culture in every house for a clean and Environmental Sciences (SoEES) torical perspective of earth day since green earth. Explaining the need to took part in debate competitions on Senator Gaylord Nelson introduced use separate dustbins for biodegrad- ‘Use of Biotechnology and Save the idea in 1970 to create environ- able waste, non biodegradable recy- Earth’ as part of the celebrations. To mental awareness among the public. cle, biodegradable recycle waste and celebrate Earth Day, the school had “Earth Day” observance has become Hazardous waste, he urged students also organised Earth Quiz, Rangoli- Earth Day Celebrations—Planting to take it as a challenge to spread the making, Collage-making and Paint- of Sapling in the Campus more important in the face of continu- ous degradation of the environment awareness among the public. ing competitions on the theme by anthropogenic activities”, he said. Prof.Furqan Qamar, Vice Chancellor “Save Earth”.

Public Lecture on Connecting Rural Areas to the Internet

‘Digital communication is now shifting that it is high time for the country, as should understand how the technol- its base from the urban settings to the there is huge investment in communica- ogy is turning mature because of the rural” said Micheal Ginguld, Director, tion technology and this technology is twin forces –advancement in technol- Strategy and Operations Rural Broad- now driving consumer income and ogy and globalization. band and CEO of Airjaldi Networks, demand. Giving the example of the initiatives while delivering a Public Lecture organ- While talking about the penetration of taken by Airjaldi Networks in the ized by the Deptt. of Mass Communica- broadband in India, Michael told that Dhaualadhar range of hills he said that tion and Electronic Media on the cost effective technological innova- now the sleeping mountains are “Connecting Rural Areas to the Internet tions have set in motion a third wave of tweeting. The business of wireless through Wireless Communication Tech- digital capitalism and this new model of technologies in this country is expand- nologies” at Central University of Hi- doing business with profit and social ing very fast and the young students machal Pradesh on 16th April 2013. Mr. cause is now transforming the sensitiv- doing their courses in technology, Mr. Ginguld delivering Michael said that mobility, cloud com- ity of technology. management, communication, social puting, social entrepreneurship intelli- Mr. Michael emphasized that it is very sciences and humanities have ample the lecture gence and social networking are the key important for the people who are work- scope to learn and practice the cost drivers of wireless communication ing for the capacity building in commu- effective technological invention and technologies in rural India. nication technology sector that they innovation. Interacting with the students he urged

Page 4 VOLUME 2013.04

World Book Day celebrated at CUHP

As part of the celebration of the children will be the best way to organising a 6-day book fair at the World Book Day, the School promote reading habit among Police Ground in Dharamshala from of Education at CUHP in associa- them”, he said. May 8th to 14th. tion with National Book Trust Interacting with the faculty and Dr. Arbind Kumar Jha, Dean of (NBT) organised a workshop in the other participants in the work- School of Education, Prof. I.V. Mal- campus on 23rd April 2013. Deliv- shop, he stressed on the need for han, Dean of School of Mathemat- ering the keynote addressing at teachers and parents to inculcate ics, Computers and Information the workshop, Dr. Manas Ranjan reading habit among the children. Science, Prof.Arvind Agrawal, Dean Mahapatra, Editor and Head of of School of Social Sciences, Dr. National Centre for Children’s Detailing on the efforts to pro- Rabindranath Manukonda, Dean of Literature at National Book mote reading habits, Dr. Maha- School of Journalism Mass Commu- Trust, said that there is a declin- patra said, NBT is planning to nication and New Media, faculty ing interest among the book read- promote more books in regional members and students attended World Book Day being observed ers and loss of popularity of books languages. Dr. Shekhar Sarkar, the workshop. Dr. Manoj Kumar poses a serious challenge in the author, and coordinator of the Saxena, Associate Professor in the face of growing new media forms Dharamshala Book Fair informed School of Education proposed the and technologies. “Providing e- the gathering that NBT will be Vote of Thanks. books and interactive books to

Students & Faculty Visit IHBT

As part of MoU signed between different research laboratories to charge of the Institute desired to Central University of Himachal know about the research activities work out modalities for extension and Institute of Himalayan Bio- going on in the Institute. of Lab facilities available in the resource Technology (IHBT); Prof Institute to the Research Scholars Eight presentations were made, A.K. Mahajan, Dean, School of Life of the University as part of the four each by the faculty members Sciences, CUHP accompanied by MoU signed between the IHBT and of the University and the Scien- five faculty members viz. Dr the CUHP. Prof Mahajan, Dean, tists of the IHBT covering broad Mushtaq Ahmed, Dr Yusuf Akhtar, School of Life Sciences, CUHP areas of common research inter- Dr Vikram Singh, Dr P. Aparoy, Mr agreed with the same. It was de- est including Molecular Biology, S.K. Verma and students belong- cided that collaborative research Drug Discovery, Metabolic Engi- ing to MSc & RD programme vis- projects in the areas of common neering, Mathematical Modelling, ited the IHBT on 15th April 2013. interest be submitted to the fund- System Biology, Biotechnology, IHBT members and CUHP faculty in ing agencies for pursuing future A team of scientists led by Dr Anil Bio-informatics, Biotechnology, interdisciplinary strategic activities the meeting Soon and Dr Arvind Gulati, Senior Computational Genomics and in the field of Science and Technol- Scientists of the IHBT warmly Microbial Technology. ogy. welcomed the Dean and the fac- Dr Arvind Gulati the Scientist in- ulty of CUHP. The students visited

School of Business and Management Studies organizes Industrial Visit

An industrial visit was organized self evident truths, i.e. practical students did not get affected. The by the Training & Placement Cell experience. Mere classroom beginning of the tour was flagged of School of Business and Man- teaching cannot create whole- off by the Pro-Vice Chancellor, agement Studies from 17th April some managers. Hence, the aim Prof. Yoginder S. Verma from TAB. to 20th April 2013. of the visit was to bridge the gap All the students accompanied by between the existing theoretical two faculty members visited dif- The visit was specially designed knowledge and the application ferent companies like: Janus Pack- for the students of MBA, Semes- part. aging (Baddi), Coca Cola (Baddi), ter II, to provide them an insight Hero Cycles and Vardhman into the real world. CUHP be- The industrial tour was strategi- Students of SBMS at Hero Cycles (Ludhiana) Mother Dairy (Delhi) lieves that theoretical knowledge cally scheduled so that the regu- and Rave India( Gurgaon). is best when coupled with the lar classroom teaching of the

Page 5 Central University of Himachal Pradesh

HIMSPARK’13—Rising Towards Peak

Himspark’13, a National Level Management Fest Management Society also organised was organized by the Management Society on 5th ‘Skoolmate’ for special participants from & 6th April, 2013 with much fan fare. In his inaugu- schools (Rainbow International School, Adhunik ral speech Chief Guest of the day, Prof. Yoginder S. Public School, New Era School etc.), in which Verma, Pro VC, CUHP spoke on the importance students of different schools participated in and relevance of the Fest which provides hands-on Quantamania, Sudoku, Painting, Debate and exposure to the students who have learnt about Declamation Contest. Different stalls of food the theory of management in their classrooms. He and games were also displayed by students of said that such events enable the students to show- CUHP in the open arena which were the part of case their managerial, professional and creative Sales Mandi competition. skills. Presiding over the function, Dr. Sanjeev Amongst the winners Ms.Komal Rawal of NIFT Gupta, Head of Department (Accounting & Fi- (Kangra) attained 1st rank in salesperson posi- nance) appreciated about the whole-hearted ef- tion. In talk show Ankit Bhardwaj, Ankit Maha- forts put in by the students to make this fest a jan, Sahil, Akash of CUHP bagged the 1st posi- grand success. Welcoming the participants who tion. In financial case study Akash Mahajan and had come from distant places, Dr. Aditi Sharma, Yanvir Kaur of SMVDU grasped 1st position. In Convenor, welcomed the dignitaries and the par- Role Play, Abha, Munish, Vishal, Abhinav, ticipants and wished them good luck. Dr. Bhagwan Medhavi, Vipul, Manisha of HPU seized 1st posi- Singh, Head of Department (Marketing & Supply tion. In Pehchaan Kaun event Kuljinder Singh, Chain Management) thanked the University au- Manish Garg of CUHP lapped up 1st position. In thorities for extending their full support to the photography Raghav Manocha of CUHP ac- fest. quired 1st position, More than 250 students from Panjab University, In Ad-mad show Raghav Gupta and his team Chandigarh, Himachal Pradesh University, Shimla, members of SMVDU won 1st position. In general Sri Mata Vaishno Devi University, Katra, Sri Sai case study Abha & team of HPU (Shimla) ob- University, Palampur and Government College, tained 1st position and Meena & team of Una, Government College Dharmshala, NIFT Kan- SMVDU got 2nd position. In Marketing Madness; gra, Gian Jyoti, Centum Learning Dharmshala, Varsha and Team of SMVDU got 1st position, Anna Malai University participated in more than Sachin of HPU (Shimla) attained 2nd position. 30 events organized in the campus with enthusi- asm and vigour. Provost and Dean Student Welfare, Prof. H R Sharam, Proctor, Dr. Roshanlal Sharma; Prof. I. On 5th April, the events organized included—Sales V. Malhan, Dean of Library Science, Dr. Sanjeev person, Talk Show, Finance related Case Study, Gupta, Head of Accounting & Finance, Dr. Bhag- Slogan Writing, Collage-making, pehchaan kaun, wan Singh, Head of Marketing and Supply Chain Photography, Ad-Mad show, Business Plan, Mar- Management and faculty members of different keting Madness, General Case Study, Prelim of schools were also present in the valedictory Best Manager, Spell Bee, Chaos Theory, GK Quiz session. and Financial Quiz. The events tested the commu- nication skills, situation handling, brainstorming, The function concluded with vote of thanks creativity, thinking ability etc. of the participants. proposed by Dr Sanjeev Gupta. He concluded that memories of HimSpark-13 will remain alive Rock Band “TRIKAAL SHASTRA” performed in the in the hearts of all. Dr Gupta thanked all the campus and enthralled students with their rocking participants, students, guests staff and faculty performance. members for their presence and contribution to On 6th April, 2013 the finals of Best Manager, Spell make HIMSPARK’13 a grand success. SPARKS FLYING Bee, Chaos Theory, GK quiz competition, and Fi- HIMSPARK’13 was given adequate media cover- nancial Quiz were held. Some additional events DURING HIMSPARK’13 age by FM on AIR, Dharamshala and newspa- like Sudoku, Quantomania, Flip-back and T-shirt pers. painting competition were also held concurrently.

Page 6 VOLUME 2013.04

Media Society organises a Workshop on “News Writing and Reporting Techniques”

The Media Society of the ing the workshop, said: not violated”, he said. School of Journalism, Mass “While reporting, media Dr. Rabindranath Manukon Communication & New should be careful about -da, Dean, School of Jour- Media at CUHP organised the ethical issues, truth nalism, Mass Communica- a workshop on “News and objectivity”. tion and New Media, Mr. Writing and Reporting Talking on the provisions Harikrishnan B, Assistant th Techniques” on 06 April for press freedom in the Professor and students 2013. Dr. P. J. Sudhakar, Indian Constitution, Dr. from the School were pre- Additional Director Gen- Sudhakar said that Right to sent on the occasion. Dr. eral (News), All India Ra- Information Act is the Archna Katoch, Assistant dio, New Delhi, was the Dr. Sudhakar Addressing the strongest weapon with Professor, Department of Participants in the Workshop resource person for the journalists and common Journalism and Creative workshop and delivered people in India to maintain Writing proposed the vote lectures on the main a vibrant democracy. of thanks. theme with a focus on RTI “Journalists should have a Dr. P. J. Sudhakar is a multi- Act, Media and Constitu- thorough knowledge about faceted personality who tion, Media Ethics, Media the provisions in the law, joined the Civil Services in and Human Rights and so that they can ensure 1987 and entered the In- Trends in Media. Pro-Vice that the rights of the me- dian Information Service. Chancellor Prof. Yoginder dia and common man are S. Verma, while inaugurat-

Students Council & Central Purchase Committee Meetings Held

“Live as if you were to die A Students Council Meeting discussed on various prob- Production lab for the was held on 27th April to lems related to food sup- School of Journalism, Mass tomorrow. Learn as if you discuss the various prob- plied by the Canteen, Lan- Communication and New were to live forever.” lems & issues of students in guage lab, Placement Cell Media and also for the es- the University and deliber- and many more. Vice Chan- tablishment of another ― Mahatma Gandhi ate on the important cellor assured the group for Environment Science Lab guidelines for the council effective and quick solu- for the School of Earth and members. tions to the problems pre- Environment Science. sented. This was the very The Vice Chancellor, Prof. These labs are very impor- “The real test of a true first meeting of the Stu- Furqan Qamar, Pro VC Prof. tant for imparting practical democracy is the ability of dents Council. Yoginder S. Verma, Proctor knowledge and developing even an insignificant Dr. Roshan Lal Sharma, On 30th April Deans of vari- professional skills in han- minority to find its identity Provost Prof. H.R. Sharma ous schools of CUHP met to dling various equipment for under the Constitution”. along with different re-examine the tenders the fulfillment of profes- elected members of the received from various sup- sional roles and for under- — Hon’ble Supreme Court student council were pre- pliers for the supply and taking advanced research sent in the meeting. The installation of various along with regular teaching. of India as quoted by meeting was chaired the equipments meant for the Justice Chauhan Vice Chancellor. Students establishment of a Media

Page 7 Central University of Himachal Pradesh

Parisamvad—An Initiative by the Department of Hindi

On 17 April 2013, Department of tion to the present world. He in- Arvind Agrawal highlighted the con- Hindi, organized a symposium cen- sisted upon the significance of cin- dition and direction of literature and tred around the ‘Interrelation be- ema not only in the context of Hindi cinema in this poststructuralist era. tween Literature and Cinema’. literature but also in that of World Prof. Furqan Qamar, in his presiden- Professor Furqan Qamar, Hon’ble literature. Second speaker, Dr tial address, congratulated the de- V.C., graced the occasion as the Pradeep Nair, Head, Dept. of Mass partment for its first university Guest of Honour. Apart from the Communication and Electronic event, and presented his original Pro VC Professor Y.S.Verma, some Media gave his views on the techni- thoughts on the importance and distinguished scholars in the fields calities and autonomy of cinema and need of the interaction between of literature and cinema were also emphasized its deep-rooted rela- cinema and literature with the help invited during the event. Mr tionship with literature as an art. from his life experiences. He also Chandra Kant, Assistant Professor, Dr Roshan Lal Sharma, Head of emphasized the requirement of the Hindi, compered the event. Dr. Dept., floated his ideas on the moral use of ICT in the analysis of literature Sayema Bano formally welcomed responsibility of literature and limi- and cinema. Teachers, researchers the august gathering and introduced tations of cinema in contemporary and students from various depart- the topic of the discussion. Parisamvad in Progress times. The Hindi Officer of the uni- ments of the varsity participated Key speaker of the day, Professor versity, Mr. Sanjay Singh presented enthusiastically during the open Om Awasti (formerly of GNDU Am- his viewpoint on the presentation of session which worked as the icing on ritsar) touched the depths of the literature through cinema with the cake as far as the success of the issue while speaking about the suitable examples from Hindi cin- event is concerned. The researchers interrelationship between the two ema and literature. Prof. Yoginder S. of the Department, namely Poonam, spheres of knowledge, i.e. literature Verma appreciated the meaningful Asha, Ravi and Asha Sharma played and cinema. He also threw new light effort of the department and also an important role in the successful on the creation, purpose and inspi- contributed to the discussion with organization of the symposium. ration of literature, and its contribu- his views on the issue. Professor

Department of Economics & Public Policy organizes Study Tour

The Department of Economics the hilly areas. The visiting Project and learned about the and Public Policy undertook team enjoyed the tranquil power generation and distribu- four days educational-cum- beauty of the mountains. Dr. tion from the experts. excursion trip to district Kin- Sanjeev Sharma, Scientist, The students visited the Chitkul nuar of Himachal Pradesh dur- Sangla Agricultural Research (the last inhabited village near ing 18 April to 21 April 2013. Unit of CSK Agriculture Univer- the Indo-Tibet border), Reckong Kinnuar district is about 500 sity, Palampur, interacted with Peo and Kalpa as a part of trip. KM from Kangra. Total 17 stu- the students, and gave infor- dents and 6 faculty members mation about the agriculture In its way back, the trip halted Faculty & Students of the Dept. of joined in the trip. crops and techniques used for at Shimla for about 3 hours, and Economics a& Public Policy at Kinnuar The aim of the trip was to fa- cultivation in hilly areas. The students and faculty members miliarize the students with the students also had a tour to had a walk around mall road. working of rural economy in Nathpa Jhakri Hydro-Power

School of Business and Management Studies organizes placement event

The Training and Placement Cell Business and management stud- Akash Aggarwal, Mr. Aditya of School of Business and Man- ies provided an opportunity to Singh, Mr. Ankur Sarswat, Ms. agement Studies organized a the students of colleges in the Shweta Kapoor, Mr. Shwetang “First they ignore you, then placement programme on April neighbourhood to participate in Dwivedi, Ms. Richa Bhadwal, Mr. they laugh at you, then they 10 & 13, 2013. the drive. Following students got Raghav Manocha, Ms. Shikha fight you, then you win.” The visiting companies were selected: Ms. Aditi Sharma, Ms. Sharma, Ms. Isha Dogra, Ms. Mahatma Gandhi BetaSoft Systems Pvt. Ltd. and Poonam Thakur , Ms. Swati Cho- Shilpa Gurung, Ms. Shallu Thakur, Genpact. As part of Education pra, Ms. Monika Kashyap, Ms. Mr.Barun Uttam, Mr. Ritish Soni, Social Responsibility; Training Divya Kaushal, Ms. Alka Lalhall, Mr. Ankit Mahajan and Ms. and placement cell of School of Ms. Akanksha Awasthi, Mr. Garima.

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LECTURE OF JUSTICE R. S. CHAUHAN

Gender Issues: The Laws and the Social Realities economic rights of the women demarcate the arena Lecture delivered at the Central University of Himachal of gender issues: such rights range from right to life, Pradesh, Dharamshala to right to property, from right to education to right to equal opportunity, from right to marry to right to on 25-4-2013 by divorce, from right to maintenance to right to pro- Justice R.S. Chauhan, Judge, Rajasthan High Court, Jaipur tection from domestic violence. Since these issues Esteemed Vice Chancellor, Prof. Furqan Qamar are related to a large portion of the population, they are inter-related to the development of the nation. All learned Deans and Heads Thus, these issues do not merely raise questions of My dear Friend and Host Prof. Agrawal Constitutional law, but more importantly are related & to social mobility, of political participation of indi- Faculty members & dear Students viduals, and of economic development of the coun- try. Hence, these issues are fundamental to the overall growth of the nation. The issues tax the mind It is, indeed, a pleasure to be transported from of judges and jurist, and engage the imagination of the cloistered courts to the vast expanses of snow cov- the policy makers and leaders of the country. ered mountains and flowing streams of Himachal Pradesh. Since these issues erupt quite often in the I am certainly indebted to the Central University of Hi- legal arena, the Law deals with these issues quite machal Pradesh for inviting me for sharing my thoughts extensively. But the first question is what the role of with this august house. Generally, Judges do not make law is? Is the law meant to merely preserve the cul- good speakers, as we tend to speak through our judg- tural values and the social strata of a nation? Or it is ments. But I do hope you will find this lecture useful in meant to lead the society through new terrains, and some ways. to a new destination? Does it merely control the The topic, “Gender Issues: The Laws & the Social human behaviour so that people can live in peace Realities” is a pertinent topic for many reasons: firstly, and harmony? Or it prods them towards certain with the socio-economic progress of the country, gender ideal state of affairs? Does culture determine the issues have come to the forefront. Secondly, we can feel limits of law? Or the law expands the cultural hori- the gap between the laws dealing with the gender issues zon and thereby transforms the culture of a county? and the reality of our society. Thirdly, although we see the These questions are not only limited to jurispru- dichotomy, we fail to understand the reasons for the dis- dence, but also enter the field of sociology of law. harmony between the two. Fourthly, we have to seek The founding fathers of our country were means to bridge this schism. For a nation cannot have a acutely aware of the limits of our feudal past, of our schizophrenic existence. Hence, this topic has to be de- feudal culture. They were desperately trying to liber- bated and discussed publically. ate us from our feudal outlook and to give us a mod- This paper is divided into six parts: Initially, we ern vision. Simultaneously, the members of the con- shall ask what the gender issues are. Then, we shall deal stituent Assembly were conscious of the immense with the role of law in a society. We will then consider the contribution made by women in our freedom strug- relevant Constitutional provisions and other relevant laws gle. In fact, some of the lady members of the Assem- which encompass these gender issues. We will also look at bly had led the freedom struggle in their own right. some of the landmark judgments of the Hon’ble Supreme The women in the assembly were intelligent, articu- Court which have dealt with these gender issues. We will late and full of modern vision. Thus, it is not surpris- examine the reasons for the dichotomy. Lastly, we will ing that the Preamble of the Constitution begins explore the possible solutions for resolving this conflict with the words, “We the people of India”. The Pre- between the laws and the social realities. amble, called the key to the Constitution, unfolds According to the 2011 Census, women form the dreams of the people: Justice—social, economic 48.5% of the Indian population. The political, social and and Political, Equality of status and opportunity, Lib-

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LECTURE OF JUSTICE R. S. CHAUHAN erty of thought, expression, and of faith, and lastly of fra- nomic empowerment of the women. ternity and respect for the individual.” The Constitution, Like rivers flowing from the Himalayas, dif- thus, envisages an egalitarian society. Therefore, the role ferent laws flow from the Constitution. In order to of the law, under the Constitution, is not to preserve the protect the life of a girl fetus the Pre-conception and status quo, but to peacefully usher in a new age—an Age Pre-natal Diagnosis Act and the Medical Termination of Equality and freedom and justice; an age where each of Pregnancy Act, 1971 exist. In order to prevent individual—be they men or women—would recognize early marriage of girls, the Prohibition of Child Mar- their utmost potential. Hence, the role of law is not a pas- riage Act, 2006 exists. The Hindu Marriage Act be- sive one, but a pro-active one. stows right to divorce, the right to maintenance and Keeping in mind the Constitutional mandate, spe- the right to alimony; The Protection of Women from cific provisions of the constitution prescribe certain free- Domestic Violence Act, 2005 tries to insulates doms, bestow certain rights--both fundamental and civil-- women from domestic violence; The Hindu Succes- and empower women in certain spheres. The constitution sion Act, 1956 bestows the right to succeed to the guarantees both equal protection of law and equality be- property of the husband; a recent amendment in fore the law. While prohibiting discrimination on the 2005 in the said Act permits the daughter to claim ground of sex, it permits the legislature to enact special equal share in the ancestral property of her father. laws in favour of women. It also guarantees equal oppor- The Equal Remuneration Act 1976, the Factories Act tunity in public employment. It protects the fundamental 1986, The Maternity Benefit Act, 1961 cater to the freedom of thought and speech, of expression and of economic needs of the women. In criminal law, faith. there are special provisions for women: law against The Directive Principles for State Policy, on the outraging the modesty of a woman, law against other hand, impose a duty on the state to secure equal rape, law for maintenance, law against cruelty, law rights for adequate means of livelihood for both men and against dowry death. In order to strengthen the women (Art. 39 (a)); for ensuring equal pay for equal hands of the prosecution, certain presumptions work for both men and women (Art. 39 (d)); in order to have also been enacted: presumption in the case of secure justice for women, they further provide for legal rape, presumption in a case of dowry death. To pre- aid both for men and women (Art. 39 A); the State shall vent the degradation of the image of womanhood, also secure just and humane conditions of work and pro- the Indecent Representation of Women vide maternity relief (Art. 42); the State shall also en- (Prohibition) Act, 1986 was brought on the statute deavor to promote with special care the educational and books. In order to dissuade people from forcing economic interest of the weaker sections of the people women to commit sati, the Commission of Sati and to protect them from social injustice and from all (Prevention) Act, 1987 was enacted. Thus, the laws forms of exploitation (Art. 46); worried about the health try to create a fire-wall around the women in order of people, Art. 47 imposes a duty upon the State to raise to protect and promote their interests and rights. the level of nutrition and the standard of living of its peo- The Constitution and the Laws have bestowed a new ple. Certain provisions also bestow the right to participate role upon the judiciary. The judiciary is no longer in the decision making process by getting involved in the confined to the traditional role of settling disputes political process: Art. 243 D (3) reserves one-third of the between individuals, or of just punishing the offend- seats in the panchayat for women; Art. 243 D (4) further ers. The Constitution expects the judiciary to protect reserves one-third of the chairpersonship in the pancha- the rights of the people, and to peacefully transform yat for women; similarly, Art. 243 T (3) reserves one-third the society from a feudal one to an egalitarian one. of the seats in the Municipality for women. Likewise, Art In its new role, the judiciary has both protected the 243 T (4) permits the legislature to reserve chairperson- rights of women and as opened new vistas for them. ship of municipalities in such manner as by law provide. In Every day gender issues crop up in the courtrooms short, these Constitutional provisions aim at improving across the country. From the moufsil courts, the is- the social standing, the political involvement and the eco- sues reach the pinnacle at the Hon’ble Supreme

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Court. The Apex Court has dealt with complex gender is- tains the quality of unfairness and exhibits naked sues: despotism and is, therefore, clearly violative of Arti- Alarmed at the high rate of sex-selection and the cle 14 of the constitution. It amounts to compelling systematic feticide of girl child, the Parliament had en- the Hostesses not to have any children and thus in- acted the Pre-Conception and Pre-conception and Pre- terfere with and divert the ordinary course of human natal Diagnostic Techniques (Prohibition of Sex Selection) nature. By making pregnancy a bar to continuance in Act in 1994. But for almost a decade both the central gov- service of an Air Hostess the Corporation seems to ernment and the State governments failed to implement have made an individualized approach to a woman’s the Act. Thus, in the case of Centre for Enquiry into physical capacity to continue her employment even Health and Allied Themes (CEHAT) v Union of India after pregnancy which undoubtedly is a most unrea- [(2003) 8 SCC 398], the Apex Court observed as under: sonable approach. The termination of the services of a hostess under such circumstances is not only a cal- It is an admitted fact that in the Indian society, discrimina- lous and cruel act but an open insult to Indian wom- tion against the girl child still prevails, maybe because of anhood. It is extremely detestable, abhorrent to the prevailing uncontrolled dowry system despite the Dowry notions of a civilized society and grossly unethical in Prohibition Act, as there is no change in the mindset or disregard of all human values. Pregnancy is not a also because of insufficient education and/or tradition of disability but one of the natural consequences of women being confined to household activities. Sex selec- marriage and is an immutable characteristic of mar- tion/sex determination further adds to this adversity. It is ried life. Any distinction, therefore, made on the also known that a number of persons condemn discrimina- ground of pregnancy cannot but he held to be ex- tion against women in all its forms, and agree to pursue tremely arbitrary. by appropriate means, a policy of eliminating discrimi- nation against women, still however, we are not in a posi- According to Section 6 (a) of the Hindu Mi- tion to change the mental set-up which favours a male nor and Guardianship Act and according to Section child against a female. Advanced technology is increas- 19 (b) of the Guardian and Wards Act, the natural ingly used for removal of foetus (may or may not be seen guardian of a minor is the father. According to these as commission of murder) but it certainly affects the sex laws, the mother becomes the guardian “after” the ratio. The misuse of modern science and technology by father. In the case of Githa Hariharan v Reserve preventing the birth of a girl child by sex determination Bank of India [(1999) 2 SCCC 228] the constitutional before birth and thereafter abortion is evident from the validity of both these provisions of law were chal- 2001 Census figures which reveal greater decline in sex lenged. The legal issue was whether a mother could ratio in the 0-6 age group in States like Haryana, Punjab, be relegated to an inferior position and denied the Maharashtra and Gujarat, which are economically better guardianship of a minor in case the husband was off. alive or not? Naturally, the interpretation of the words “after the father” was in question. Does the Since the Central and the State governments were word “after” means “after the life-time of the fa- not implementing the Act properly, the Apex Court issued ther”, or does it mean “in the absence of the fa- certain guidelines for its implementation. But despite the ther”? The Apex Court held that in order to maintain guidelines, the problem of female feticide is still un- the constitutionality of the provisions, the word abated. “after” would have to be interpreted to mean “in In the case of Air India v Nergesh Meerza & Ors. the absence of the father” and not to mean “after [(1981) 4 SCC 335], the issue that arose was whether Air the life time of the father”. Thus, even if the father India and Indian Airlines were justified in terminating the were alive, but in case he had stopped taking inter- service of an airhostess on the ground that she became est in the affairs and interest of the minor, then the pregnant after her marriage? The Apex Court opined: mother would be treated as the “guardian” of the But the provision according to which the services of Air minor child. Thus, the right of guardianship which Hostesses would stand terminated on first pregnancy is seemed to be denied to women on a plain reading not only manifestly unreasonable and arbitrary but con- of the law, was interpreted in such a way as to be-

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LECTURE OF JUSTICE R. S. CHAUHAN stow the said right on women. pret the words, “a reasonable and fair provision and Marriage, maintenance and domestic violence raise the maintenance to be made and paid to her within the largest number of gender issues. The Hindu Marriage Act period of ‘iddat’ by her former husband”. The Court does not provide for divorce on the ground of irretriev- first separated the words, “provision” and able breakdown of marriage. Yet, the Hon’ble Supreme “maintenance” and saw them as two different enti- Court is aware of the fact that often the marriage break ties. Secondly, it held that the words, “within” re- down to a point of no return. Ever since 1985 the Apex ferred to the time period in which the provision and Court has been advising the Parliament to make the irre- maintenance has to be made. The word “within” did trievable breakdown of marriage as a valid ground of mar- not mean that the maintenance and provision are to riage [Ref to Jorden Diegdeh v S. S. Chopra (1985) 3 SCC be restricted to the period of ‘iddat’. Thirdly, the Act 62]. The Parliament is yet to amend the Hindu Marriage was seen as applicable only to divorced Muslim Act. But in the case of V. Bhagat v D. Bhagat [(1997) 1 SCC women, and not to those who are deserted by, or 337] one of the grounds for granting the divorce was the separated from their husband. Fourthly, the Court fact that the marriage had broken down irretrievably. This stated that, “A Muslim husband is liable to make trend was followed till 2008. But now there is a difference reasonable and fair provision for the future of the of opinion between different Benches of the Apex Court divorced wife which obviously includes her mainte- on the issue whether this a valid ground for divorce or nance as well. Such a reasonable and fair provision not. extending beyond the iddat period must be made by the husband within the iddat period…Liability of a Maintenance available to a Muslim woman has raised a Muslim husband to his divorced wife…to pay mainte- ticklish issue before the Hon’ble Supreme Court. Of course nance is not confined to the iddat period.” Hence, in the case of Mohd. Ahmed Khan v Shah Bano Begum the Muslim husband is now legally bond to provide [(1985) 2 SCC 556] the Apex Court had held that a Muslim for the wife even after the ‘iddat’ period. The case woman was entitled to claim maintenance under the gen- of Daniel Latifi has been followed in Sabra Shamim v eral law of the land, namely under Section 125 Cr. P. C. Maqsood Ansari [( 2004) 9 SCC 616] and in the case But the said ruling created some heat and dust in the of Iqbal Bano v State of U.P. [(2007) 6 SCC 785] In country. Consequently, the Parliament enacted the Mus- these cases, the Apex Court has creatively inter- lim Women (Protection of Rights on Divorce) Act, 1986. preted the law in order to improve the pitiable con- The Act limited the right of a Muslim woman to claim dition of divorced Muslim women. maintenance only to the Iddat period, that is only to three menstrual cycles after divorce. After this period she was Another problem faced by the Muslim to be maintained either by her relatives, or by the Wakf women is the problem of “triple talaq”. The moment Board. Obviously, this created a great financial problem a Muslim woman asserts her right to maintenance, for the divorced women of the minority community who the husband pleads in his reply, called the written found themselves devoid of any maintenance. statement, that he had divorced her by pronouncing the word ‘talaq” thrice. He further contends that the The Constitutional validity of the Act was chal- divorce is effective from the date of filing of the re- lenged before the Apex Court in the case of Daniel Latifi v ply, if not from the date he allegedly pronounced Union of India [(2001) 7 SCC 740]. The Hon’ble Supreme the ‘triple talaq’. Since she is divorced, she is not Court had to find a way out of the impasse. One of the entitled to seek maintenance beyond the period of schools of interpretation of law is called “Constitutional ‘iddat’. Thus, the law seemed to have provided him feminism.” It interprets the constitution from a feminist with an easy escape route. Such a situation, too, perspective. Catharine Mackinnon, an American feminist played havoc with the lives of Muslim women. In the scholar, has argued that efforts to treat gender as a ques- case of Samim Ara v State of U.P. and Ano. [(2002) tion of difference are misguided and that gender should 7 SCC 518], the Apex Court dealt with the concept of be understood to be a matter of domination and subordi- ‘triple talaq’ in extenso. The Court concluded that nation. Thus, the court had to interpret the law in terms the ‘talaq’ must be for a reasonable cause. It must of ‘domination and subordination’. The Court had to inter- be preceded by an attempt at reconciliation be-

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LECTURE OF JUSTICE R. S. CHAUHAN tween the husband and the wife by two arbiters, one cho- live together prior to 26-10-2006, the date when the sen by the wife, from her family and the other by the hus- Act came into force, even then the Act would be band from his. Moreover, the Court held, “mere plea applicable to the women. taken in the written statement of a divorce having been More and more women are entering the job pronounced sometime in the past cannot by itself be market. But are working places safe for them? The treated as effectuating talaq on the date of delivery of the case of Vishaka v State of Rajasthan [(1997) 6 SCC copy of the written statement to the wife”. The husband 241] highlighted the need for law for preventing sex- has to adduce evidence and prove the pronouncement of ual harassment of women at the working place. ‘talaq’. If he fails to prove the plea raised in the written Since there was no law on this issue, in the case of statement, the plea ought to have been treated as failed. Vishaka the Hon’ble Supreme Court issued guide- Thus, a burden of proof has been hoisted on the husband. lines. Surprisingly, despite the lapse of sixteen years, The escape route is now constricted. after the issuance of the guidelines, the Parliament Not only in arena of substantive law, but also in is yet to enact a law for this mischief in our society. the area of procedural law, the Hon’ble Supreme Court Recently, in the case of Medha Kotwal Lele v Union has interpreted the law in favor of women. It has ensured of India [(2013) 1 SCC 297] the Apex Court has again “fairness in the process of arrest, interrogation, custodial emphasized the need for setting up Complaints detention and detention in protective homes. The re- Committee at all levels of taluka, district and state quirement of female police officer to arrest and search to inquire into allegations of sexual harassment. In women, the need to arrest and interrogate women only case the States do not establish such Committees, during day hours, separation of female prisoners from then the women are directed to approach the High male prisoners and fair conditions in protective homes so Court with their complaints. Moreover, it has di- as to be conducive for dignity of women” have been laid rected that the Standing Orders be amendment so down. as to bring sexual harassment within its scope. It has The Protection of Women from Domestic Violence also directed the Bar Council of India to ensure that Act does not cover just violence against a wife, but ex- there is Complaints Committee in each Bar Associa- tends its protective cover to also those persons who live tion. Hence, the Apex Court is still trying to make the in “domestic relationship” but without a valid marriage. working place a safe haven for the women. Thus, it covers the cases of live-in partner or second wife. Similarly, in the case of Vishal Jeet v. Union The Act provides for payment of maintenance even to live of India [(1990) 3 SCC 318] the Hon’ble Supreme -in partner or second wife. But Section 125 Cr. P.C. pro- Court was seized with the issue of child prostitution, vides for payment of maintenance only to a lawful wed- with sexual workers and their rehabilitation. Since ded wife or to a wife who has been divorced. In 2011, in the law is inadequate about the rehabilitation of the case of Chanmuniya v Virendra Kumar Singh sexual workers, again the Apex Court issued guide- Kushwaha [(2011) 1 SCC 141] an issue as has arisen be- lines as under: take appropriate and speedy action fore the Hon’ble Supreme Court whether the definition of under the existing laws for eradicating child prosti- ‘wife’ in Section 125 Cr. P. C. should be extended to a live- tution; set up a separate Advisory Committee. The in partner or not? For, the Domestic Violence of Act does Advisory Committee shall suggest measures to be recognize the existence of a live-in partner. The issue has taken in eradicating the child prostitution, and been referred to a Larger Bench of the Apex Court. about the social welfare programmes to be imple- With regard to protection under the Domestic Violence mented for the care, protection, treatment, devel- Act, one of the issues is whether the said Act covers cases opment and rehabilitation of the young fallen vic- of domestic violence which had occurred prior to the tims namely the children and girls rescued either coming of the Act in force? In the case of V.D. Bhanot v from the brothel houses or from the vices of prosti- Savita Bhanot [(2012) 3 SCC 183], the Apex Court has held tution. that even if the acts of violence had occurred prior to the The law with regard to rape has undergone Act coming into force, or even if the couple had ceased to a sea change. Prior to 1973, it was believed that the

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LECTURE OF JUSTICE R. S. CHAUHAN rape victim is an accomplice in the crime. Her testimony the World Health Report in India, there is rape com- was suspect. Therefore, the courts looked for corrobora- mitted every 54 minutes. Most of the rapes are tion of her testimony. However, after 1973, the new view committed either by family members or by family is that the woman is a victim of the crime. In the case of friends or family acquaintances. Surprisingly, despite Vishnu v State of Maharashtra [(2006) 1 SCC 283] the the Child Marriage Restrain Act, 40% of the girls in Hon’ble Supreme Court observed that, “In the traditional rural India are married below the legal age for mar- non-permissive bounds of society of India, no girl or riage. In jobs, 90% of the female labour works in the woman of self-respect and dignity would depose falsely, unorganized sector. Therefore, they are denied the implicating somebody of ravishing her chastity by sacrific- benefit of labour welfare laws and schemes. The ing and jeopardising her future prospect of getting mar- female literacy rate is itself an eye-opener. The Na- ried with a suitable match. Not only would she be sacrific- tional Literacy rate is 74.04%; the literacy rate for ing her future prospect of getting married and having fam- men is 82.14% for men, but only 65.14% for women. ily life, but also would invite the wrath of being ostracised Rajasthan has the lowest literacy rate for women at and cast out from the society she belongs to and also 52.7%, lower than Bihar and Jharkhand. The lack of from her family circle.” Moreover, the law no longer re- literacy leads to oppression and exploitation of the quires that the Prosecutrix’s testimony should find cor- women. If the literacy is rate is so poor, the legal roboration from some independent evidence. As long as literacy rate is dismal. In such a scenario one won- she is a trustworthy witness, as long as there is a ring of ders about the obstacles on the road to gender truth in her testimony, her testimony can be relied upon equality in our country. for convicting the accused. The world over people has argued that a In the case of Delhi Domestic Working Women's better rule of law improves the status of women. Or Forum v. Union of India, [(1995) 1 SCC 14], the Apex economic prosperity improves the condition of Court has laid down the guidelines for dealing with rape women in society. However, recent studies have victims: Legal assistance has to be provided to the victim questioned these premises. There is no dearth of both in the police station and in the court. The same Ad- rule of law in India, yet the position of women has vocate should continue to represent the victim in the deteriorated during the decade India showed eco- court who has assisted her in the Police Station; the ano- nomic progress. Thus, neither the rule of law, nor nymity of the victim should be maintained at all times; economic progress of the nation is a prescription for compensation should be paid to the victim both by the improving the status of women. The question is then court and by the Criminal Injuries Compensation Board. what ails woman empowerment? Culture is the Although these guidelines have been issued, yet they have main culprit. Culturally and socially we continue to not been implemented in most of the States. live in a feudal past. For the Hindus, girls are un- Despite the best efforts of the laws, and of the courts, the wanted burden; for the Muslims, women by them- condition of women in India continues to be pitiable. Fe- selves are a symbol of evil. Thus, both the communi- male feticide and infanticide continues. Surprisingly, fe- ties shun the girls. If a girl were born, they are ne- male feticide has increased with the affluence of the soci- glected both educationally and medically; they are ety. The largest numbers of feticide occur in cities like neither educated, nor given any self-esteem. They Delhi and Bangalore. One study estimates that the num- are married off at an early age; prevented from go- ber of “missing woman” in India is as large as the popula- ing into the job market. In short, they are cloistered, tion of Canada. Due to the “missing woman”, the male to clustered, cribbed, cabined and confined. We con- female ration in the Indian population is 940 female per tinue to follow Manu’s philosophy that a girl has to 1000 males. Similarly, according to the National Crime live under the command of her father, under the Record Bureau statistics for 2011, there were 24,206 rape dictates of her husband, and under the care of her cases in India. Although West Bengal, U.P. and Rajasthan son when she becomes a widow. Although we have top in rape cases, the maximum number of rape from cit- brought about a political revolution, and economic ies are reported from Delhi and Bangalore. According to revolution, a judicial revolution, but the social revo- lution is yet to be ushered in.

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Reformation in the social thinking is the need of which are run by women need to be protected and the hour. Like the reformers of 19th Century, India again promoted. Without economic empowerment of needs a new set of reformers. But unfortunately, the reli- women, gender equality would continue to be a mi- gious leaders who have a mass following tend to be ortho- rage. dox in their thinking, and status-quoantist. Instead of rid- Women in India are victims of legal plural- ing the society of its evil practices, they continue to harp ism. Legal pluralism exists when the society recog- on traditional role of the women. The same thinking is nizes different sources of law, and gives validity to reflected in the caste panchayats or Khaps. If a woman different institutions dispensing justice. In such so- marries within the same gotra, or marries outside her cieties, everyday transactions such as marriage, in- caste, she is hounded and condemned and at times killed. heritance and land exchanges fall into the jurisdic- Thus, these caste panchayat justify honor killing in the tion of entities ranging from the state to customary name of ‘Indian culture’. We need a set of new voices to and religious authorities applying a variety of rules: counter the fundamentalist view of life. State laws, customary laws, religious laws, and local Education of the people in general and especially norms. So in a case of divorce, the caste panchayat of women is another route for us to take. The more edu- and the Family courts compete with each other for cated the women, the more aware they are of their rights granting divorce. In case of rape, while the Mulla and duties, of their interest and liabilities. They are more issues his edicts, the criminal court takes its course. in position to take their own decision both inside and out- In the case of honor killing the judiciary and the side the home. In fact, according to studies in Brazil, the Khaps are poles apart in dealing with the issue of more the women are educated, the better it is for popula- murder. The ambiguities, the confusion and at times tion control. For, then the women decide the number of the outright conflict generated by legal pluralism children and the interval of having children. Moreover, needs to be creased out of the system. education gives them the chance for better job. Thus, it The government must also play its role in leads to the economic empowerment of the women. Be- eradicating the gender inequality. Many a times sides literacy, legal literacy needs to be stressed. Most of some protective laws are self-defeating. There are the women are unaware of their fundamental and civil laws which prevent women from working in rights. They are unaware of how to access justice and the ‘dangerous industries’. But this hampers the right judicial system. Their knowledge in this area needs to im- of the women to seek jobs. There are certain rules prove. which prevent the women from working late at Media plays a big role in generating the image of night. But such rules also prevent the women from womanhood in a nation. The media is playing a positive taking up a job of her choice. Muslim Women role in raising gender issues, but it needs to highlight the (Protection of Rights on Divorce) Act claims to achievements of women in different fields. The mass me- ‘protect’ the rights of women, but for a long time it dia covers the women achievers of the commercial world, had jeopardized their economic condition until the of the cinema world, of the political worlds. But they do Apex Court gave a creative interpretation to the Act. not talk about the ordinary women who have accom- Thus, before enacting any law the legislature needs plished extra-ordinary achievements. But it is these to think of the ramification of the laws. women who are the role models for the people at large. Gender-neutral laws, although appear to be The economic policies and the government unbiased, but they may impact disproportionately schemes meant specifically for the women need to be on women if they do not take into account the exist- strengthened. But instead of giving them monitory bene- ing inequality in the society. For example a compli- fits, their skills need to be honed in and developed. Since cated investment procedure may discourage women a large number of women work in the un-organized sec- from investing and from having access to the eco- tor, their economic rights need to be guaranteed. Their nomic boom the country is enjoying. Discriminatory economic productivity needs to be encouraged, and their laws in the areas of family and marriage impact out-put needs to find new markets. Small scale industries women’s economic opportunities. Although not di-

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LECTURE OF JUSTICE R. S. CHAUHAN rectly dealing with economic fields, they can strip women If the Constitutional dream of gender equal- of property rights, such as through provisions that provide ity is to be realized, if our country should move to- for unequal inheritance rights, power over property vest- wards an egalitarian society, if dreams of ‘We the ing in the husband. people’ are to be concretized, we need multi-prong Considering the fact that more and more women strategies to tackle gender issues. The task is never are beginning to enter the job market, their physical and easy. But it is a mission we cannot fail to achieve. emotional safety at the work place needs to be guaran- For the future of our nation, of our society and of teed. Thus, the Parliament needs to deal with the issue of our people depends on this herculean task. sexual harassment at the working place. Despite the re- I am certainly grateful to the Central Univer- peated reminders by the Hon’ble Supreme Court, the Par- sity of Himachal Pradesh in general, and to the Vice- liament is yet to tackle this malicious problem. Chancellor, Prof. Furqan Qamar and Prof. Arvind Immobility and geographical constraints also pre- Agrawal in particular for giving me this opportunity vent the women from having an easy access to the ad- to share my thoughts. I am also indebted to all of ministration, to the courts. Unless there is decentraliza- you for giving me such a patient hearing. tion of the courts to the village level, the women would Thank you very much. find it hard to travel and have access to the courts. These two obstacles prevent women from having access to jus- tice. R.S. Chauhan Lack of resources also prevents women from hav- ing access to the courts. The lawyer’s fees, the court fees, the elaborate procedure, the prolonged trials, the endless adjournments discourage the women from going to the courts. Thus, a support system needs to be created. Al- though now we do have the Legal Service Authority in every state and its representatives in every taluka, we need to generate other support systems. For example, Complaint Committees in case of sexual harassment in working place, such as probationer officers in case of do- mestic violence, and legal or para-legal support in case of rape or molestation. The improvement of judicial infrastructure is a dire necessity. While the government announces the crea- tion of special courts for rape, family courts for dealing with personal laws, it does not provide sufficient infra- structure. The end result is that we have courts on paper, but not in reality—give the example of Bhilwara. The in- frastructures are so poor that the privacy and the safety of the victim cannot even be guaranteed. Gender sensitization of the judiciary is over-due. The judicial officers still continue to harbor traditional views in family matters, in case of domestic violence, in cases of rape. They continue to see women not as indi- viduals but as an appendage to men, as a means of man’s survival and living. They see the duties a woman is sup- posed to perform. But they do not see the rights given to her by the laws. This gender blind spot has to be removed.

Page 16 Central University of Himachal Pradesh

Central University of Himachal Pradesh (CUHP) was established under the Central PO Box 21, Universities Act 2009 enacted by the Parliament of India. The University became functional Dharamshala District Kangra from 20th January 2010 with Professor Furqan Qamar assuming the charge as the first and Himachal Pradesh - 176215 founder Vice Chancellor of the University Standing for Inclusive Access and Excellence in Higher Education, it is a multidisciplinary Phone: +91(1892) 229330 university . The Vision document of the University provides for seventeen different schools Fax: +91(1892) 229331 with five to six Departments and two to three Centres in each school. Of these eleven E-mail: [email protected] Schools and eighteen Departments and two Centres have been made functional

The University has adopted comprehensive choice based credit system which mandates students to accumulate at least 30 percent credits from departments other than those in which they major. This makes all programmes of studies inter-disciplinary and all students CUHP study in an interdisciplinary environment. All programmes of studies are based on semester system and the University follows comprehensive continuous internal assessment and Committed to Inclusive Grading System Access and Excellence in The University is to have its headquarter in Dharamshala and two distinct campuses located Higher Education in Dharamshala and Dehra, both in the picturesque Kangra District of Himachal Pradesh. The land for both the campuses have been identified and allotted to the University and proposal for FCA clearance is at the advanced stages of progress. Following which, the land is likely to be transferred to the University and construction of permanent campuses shall begin.

www.cuhimachal.ac.in In the Interim, the university has commenced its academic activities from the Temporary Academic Block (TAB) located at Shahpur in the Kangra District. The Headquarter of the University is located at Camp Office at Dharamshala.

Shri Ashok Thakur: A Profile

Shri Ashok Thakur got selected for the Indian Administrative Service in 1977 and was posted as SDM in Lal Ba- hadur Shastri National Academy of Administration, Mussorie, in 1979. He has served in various Departments under the Government of Himachal Pradesh, some of them being Land Revenue Management, Industries, Envi- ronment and Forests, Consumer Affairs, Food and Public Distribution, Transport, Personnel, Energy, Tourism, Urban Development, Youth Affairs and Sports, Culture, Home, and Social Justice & Empowerment. When de- puted at the Centre, he served at the Lal Bahadur Shastri National Academy of Administration and later in the Ministry of Rural Development.

On 28th May 2008, he joined Department of Higher Education, Ministry of Human Resource Development, as Additional Secretary, and is in charge of Technical Education Bureau. He is a member of Board of Governors of various technical and management institutions such as IIM Lucknow and IIT Kanpur. He is also the Vice-Chairman of Kendriya Vidya- laya Sangathan.

He obtained Post-Graduate Degrees in History and Public Administration. He also holds a PG diploma in Tibetan Studies. Shri Ashok Thakur was born in the year 1954 in Himachal Pradesh, India. He did his Post-Graduate Degree in History from Panjab University, Chandigarh in the year 1975. He was awarded Diploma in International Economic Relations from International Institute of Public Ad- ministration, Paris, in the year 1984-85. He has also been an alumni of Kennedy School of Government and also IDS Sussex University, where he did programmes on Infrastructure Development in Market Economy and Poverty Reduction, respectively. In May 2008, he joined the Department of Higher Education, Ministry of Human Resource Development, incharge of Technical Education. He took over as Secretary, Higher Education, on May 25, 2012 and is overall in-charge of the Department in India.

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