This interview has been published by Anshi Mudgal and The SuperLawyer Team
Coming from a lineage of four generations in the legal profession and having been raised in both legal and military environments, what pivotal experiences or influences led you to pursue law as your career? In what ways has your military background shaped your legal perspective and practice?
To be honest I was also one of those confused teenagers who couldn’t decide what direction to steer towards, one day I wanted to become an archeologist and the other day I wanted to become a fashion designer. But when you have so many lawyers in the family, that’s usually the safest option since you have someone to fall back on. I still remember the day my grandfather suggested to my dad that bring her to Law, and since my dad was the black sheep amongst the lawyers in the family, granddad had a sense of pride to have convinced me to pursue law as a family tradition. Being an Air Force kid, born in Bangalore and being brought up all over, I have lived and breathed the blue uniform life, from changing 9 schools in 12 years of school life, I was also taught to adjust and adapt to change almost every 2 years. I started my practice in 2014, with a military upbringing and a legal legacy I somehow felt the need that both had to be utilised to its max potential, and as if the universe had a plan all laid out, I started practice in an office which did military law and service laws as a major field of practice, and 11 years down, there has just been no looking back! Earlier I was fighting for the faujis against the fauj and now I’m proud to be fighting for the fauj instead, from private practice to being a Senior Panel Counsel for the Union of India.
What inspired you to pursue an LL.M. in International Humanitarian Law and Human Rights at Europa-Universität Viadrina in Germany? Could you share how your academic experience there enriched your understanding of law and influenced your professional journey?
The subject of Humanitarian law encouraged me to pursue my masters in the middle of my practice, in 2019. I suddenly took the decision to step aside and study, with an intention to gain experience on an international level and for self growth. Learning International law and understanding its applicability in your country gives you a macro prospective of what you do in court rooms daily, specially in military law, learning how the military law functions internationally changes your prospective and brings a better geopolitical understanding of your country. For a subject like this, I picked a university which is one of the oldest University of Germany, it has seen all the major wars of the world from the Napoleon War to being the centre of the World Wars, the university in fact became a shelter for refugees during the world war, so it could not have been any better than this for a subject like this, with professors from all across the globe, it has certainly had a great influence on both my professional and personal life.
During the initial phase of your career, you worked closely with a senior who later was elevated as the Delhi High Court Judge. What were some formative experiences or lessons from that time that helped build your legal foundation and sharpen your skills as a practitioner?
Every boss teaches you legal expertise but one of the main lessons that I learned from my senior, was the balancing act. We were all women in the office being led by a woman senior, as a lot of people say that a career driven woman usually loses sight of her homebound responsibilities, no matter what women have to cater to work, home and self.. I personally do feel it is a woman CAN do it all! Over the years I have learnt that litigation is one field where a woman can balance things, be the boss on her own terms, be the boss at home and also be your own boss! We were not only taught to be efficient at work but also to be responsible back at home and at the same time celebrate every small accomplishment which is needed for one’s sanity, and I still live by the same and try passing that on to my associates and even interns.
What motivated you to establish your independent practice in 2017? What was the vision behind taking that step, and how has the journey unfolded since then?
I guess, in litigation one has to take that leap of faith and jump, starting your practice is the ultimate milestone, sooner or later one has to just take the plunge and swim without the life jacket. It was a tough call, especially during covid, it was difficult to sustain and build the clientage, but I guess most of us went through the same struggle. 11 years in practice this year, every day is a new day, with a variety of matters on hand, it’s been all about brainstorming and eventually counting accomplishments, and thus, there has been no looking back!
As the Senior Panel Counsel for the Union of India at the Armed Forces Tribunal, Principal Bench, what types of matters do you typically handle? How do you approach cases that involve high levels of confidentiality and complex military legal issues?
So Armed Forces Tribunal has a variety of military related issues it caters to, I have personally been handling cases related to the Disability pensions of officials in forces, matters pertaining to policy decisions of the forces, Cases of NOC and early discharge from service, Agniveer being one of the newest cadre in the forces has its own challenges which has been a part of my expertise before the AFT. I was recently handling a case filed by an Agniveer who was denied appointment due to a criminal case against him before a Juvenile justice court, and we dealt with it in accordance with the Agniveer recruitment rules. Some matters which are filed against the Court of Inquires and General Court Martial proceedings are extremely interesting, where you are not just dealing with procedural aspects but also dealing with the very personal acts and actions of the person involved in the said COI and GCM, now these are matters which may bring in a bit of complexity due to its nature. On the private side I remember dealing with cases involving sexual harassment at workplace by women in uniform in the paramilitary, those issues involve military laws and dealing with the disciplinary inquiries while also making sure the women before the courts are given the due respect they deserve being in women in military fighting for their own protection.
You’ve handled matters involving the Indian Air Force, Navy, Army, and Para-Military Forces, including inquiry proceedings and policy-related issues. What are some of the unique legal and procedural challenges in dealing with cases related to the armed forces, particularly concerning Short Service Commissioned Officers?
One of the most important matters that I truly will always be grateful to be a part of are the right to Permanent Commission to women Short Service Commissioned officers of the Army and Indian Air Force. I joined the profession in 2014 when this legal battle was ongoing in various legal forums and I had the opportunity to assist my senior in these landmark matters and eventually take these matters ahead. We had several designated (rather legendary) seniors who led the show in the Apex court to restore the right to women in forces. When it comes to matter pertaining to the forces, the larger issue might remain common, however the policies around it keep changing, with regards to PC matters in the IAF, I was the first to challenge the 2019 policy for grant of PC to SSC officers, this policy incorporated all that had happened in courts up to date, with new avenues to challenge, in fact in the midst of covid I remember running pillar to post from AFT to Delhi High Court seeking relief for an IAF lady officer, who was denied PC and was to be released from her service while the courts were on a winter break, and I still the remember the feeling when the matter was heard by a vacation bench in HC and the judgement was stayed, we had 2 days in had before our release, and suddenly at 11 in the night the next day, i got a call from the court staff saying her release had been stayed and the order is uploaded online, she was to hang her uniform the very next day. Another such empowering issue was in the initial years of my practice, when I was approached by a young girl who came from a conservative muslim family, but was very passionate to join the paramilitary forces, due to the struggle to convince her family she was delayed and was denied entry to the forces, and I can never forget J Hima Kohli, (who headed the service db in Delhi High Court that time) felt every emotion and passion of this young girl and directed the forces to grant her a joining, and that, was my first reported judgement and my first news article, certainly a major motivational boost for a young counsel. I was also appointed an amicus curiae just 2 years into practice in a matter which laid down the law on delay and latches with respect to the Right to Information Act.
Since 2022, I have been a senior Panel counsel for the Union of India at both the Delhi High Court and the Armed Forces Tribunal, the switch from being against the Union of India to representing the Union has been quite drastic yet full of gratitude, representing the forces and defending them holds a different meaning for me (being a fauji kid). I have been representing the forces in a mixed bag of cases, from issues related to the disciplinary proceedings against officials, which involve Court of Inquiry proceedings and Court Martials which are intense yet interesting at the same time. Recently, I argued a matter before the HC which related to the fast track promotions through a special exam conducted by the UPSC of a para military force, and it was basis a legal opinion I had made, that the entire rule position of the said force changed and assented to by the highest authority, now in implementation. I have been grateful to have been a part of another landmark matter which relates to the disability pension to the personnel of the forces, there are many more policy and disciplinary matters which I have been truly glad to have handled.
What advice would you offer to young lawyers who aspire to work on legal matters related to the Armed Forces? Were there any specific habits, values, or resources that played a significant role in shaping your professional growth in this field?
The advice for young lawyers wanting to enter the AFT practice would be to firstly understand your defence forces’ uniforms, its important to learn their ranks, understand the hierarchy of these ranks and most importantly feel the pride of our country’s forces. Its genuinely upsetting to see the youngsters not even recognising the colours of the uniform of their armed forces, one should just begin with this value and respect, rest the seniors of the profession will teach you.
Legal practice is often incredibly demanding, requiring long hours and intense focus. Given your active involvement in public speaking and participation in DHC Bar Elections, how do you manage to balance these professional responsibilities with your personal life? Are there any routines, habits, or strategies you follow to stay grounded and maintain your focus?
Honestly there is no one way of doing this, elections were a taxing few months, balancing election campaigns, work, and home, did take a toll on me on some days, but I kept telling myself that I need to do it because I CAN do it! Winning or losing was never on the charts, the process of elections changed me in so many ways.. it got me so close to so many seniors, colleagues, juniors which would have not been possible without this process, it’s all win-win by the end of it. Litigation is one profession, where the same set of people who have seen you step into this Black & White life will also see your rise and fall both professionally and personally. The same set of people are also going to be with you in your good and bad phase of life.. I really appreciate how the entire Bar reaches for your weddings, your kids’ weddings, your designation celebrations and they even stand by you in your hard times.. we meet them everyday for years.. this family is here till your last day in practice.
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