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Time to stand up against the Ban

In deeply concerning and heart-breaking news, the Taliban has banned the entry of female students to universities and colleges. Not only is this ban absurd, arbitrary and anti-development, it is also a kick in the teeth of several internationally recognised principles and legal instruments. The global community must do all it can- of course within […]

In deeply concerning and heart-breaking news, the Taliban has banned the entry of female students to universities and colleges. Not only is this ban absurd, arbitrary and anti-development, it is also a kick in the teeth of several internationally recognised principles and legal instruments. The global community must do all it can- of course within the bounds of sovereignty principles and traditions. More so, as a neighbouring country, and one that has had long historical ties, it is imperative that the Indian community plays its fair part in ensuring equality. With this context, there are several points that need to be kept in mind. With the median age of the population at around 18.4 years, the ban concerns a huge population. Diversity benefits everyone- even if that is not an acceptable principle, excluding half the population from the possibility of getting educated is intolerable. It deprives an entire generation the opportunity to study and to be educated. In most countries, this is identified as a nonderogable fundamental and constitutional right. The United Nations Sustainable Goals- aspiration to be met by 2030 identifies ‘Quality Education’ as its 4th Goal. Gender Equality is the 5th one. This ban is a detrimental step against both these goals- at least directly. It also impacts all the others directly and indirectly. The Universal Declaration of Human Rights, 1948 identifies a right to education for everyone. Similarly the Convention on the Elimination of All Forms of Discrimination against Women was adopted by the United Nations General Assembly. The ban goes against that too. The Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW), which Afghanistan is a signatory to also prohibits this action. These are just a few to name. Equally importantly, the Convention on the Elimination of Discrimination against Women. This ban that is exclusionary is deeply discriminating and excludes half the population without any reasonable explanation or target. The reasoning given to support the ban is neither reasonable nor tenable. On the contrary it is archaic and patriarchal. This will have a profound and unacceptable detrimental impact on generations to come. India has progressively encouraged education that is inclusive and accessible to all. Domestically, things have improved drastically. As a leading democracy as well as at the helm of the G20, it is now imperative that all countries of this strong institution look at this situation holistically, sensitively and in a light guided by global commitments- including the commitment to abolish discrimination and ensuring education and access to it. Within these countries and around the world, it is time for communities to come together to not only strongly condemn the ban but also to look at avenues for supporting the right of millions of Afghan women. Education is a basic building block without which development is impossible. The situation is politically sensitive and requires careful intervention- to convince and persuade would be the best way forward. In this century with global communities at the heart of all development and progress, it is clear that such ostracization of an equal subset of people is highly dangerous and will drag us all back. Many countries and organisations have offered support- by way of scholarships and positions as well as advocacy and opinion moulding. We need to certainly play our part too. In the decades to come, this will be seen a watershed moment. Our collective conscience will be on trial- not just what happened but more importantly what the response to it was. Now is the time to react. We owe it to the world. We owe to those whose rights have been unceremoniously taken away. We owe it to ourselves. 

Vishavjeet Chaudhary is Barrister-at-Law ( Inner Temple ) Master of Laws (Cambridge) Advocate (Delhi)

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