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Written by Farida Abdulla, this essay is a personal account of her experience in Kashmir—before, during and after the enforcement of centralized government rule over the area. Born and brought up in Kashmir, she reflects on the seething resentment of people treated like more border territory than citizens of the country.
Through the essay Adulla looks at ‘what’ instead of ‘why’; she does not delve into the historical context of the rule, but focuses on the effects of such a rule on the local population. By narrating two incidents strongly embedded in her mind, she attempts to show the complexity of the situation, and the pain and confusion of the people living there. Trapped between the government- sanctioned armed forces and the ideological militant resistors, Kashmiri people are often unable to distinguish between the two groups, and are in constant fear for their lives.
She raises questions about security and autonomy, especially in the case of women. While the struggle of women in India has been a long and arduous one, their status becomes even more unstable in a region fraught with suppression and violence. Female voices are either lost in the larger masculine struggle, or are subsumed in the singular narrative of rape and sexual abuse. Abdulla hopes for a safe space for people divided by religion and gender to resolve their conflicts and live in peace and dignity.
Chakravarti’s essay counters the claim that in the pre-colonial period, a ‘fixed’ Hindu law didn’t exist because of multiple caste laws, by arguing instead that even those separate caste laws were bound by a broader rational framework, enforced as such by the Peshwai.
Chakravarti analyses the three legal issues of widow remarriage, conjugality and the age of consent to explore how the colonial laws affected women; the relationship between the caste panchayat and the larger legal culture of the second half of the nineteenth century, and whether the textual law was more or less repressive than customary law.
Women came under the purview of the colonial law because of a weakening of the caste panchayats, and the new British administration gave men a choice of forum through which to enforce patriarchy.
They were also brought under the colonial state through criminal cases against them, such as those for prostitution and abortion. The colonial state was able to do this effectively because the patriarchal Indian community also had the same goals. Despite the inherently patriarchal nature of colonial laws, women also sought the system out for cases of adoption and rights over their parents’ property.
The essay also points to how cultural nationalism unified ‘Hindus’, placing a Brahmanical patriarchal notion of womanhood instead of caste and regional differences, raising important questions about the relationship among the colonial state, law, family, caste panchayats and gender in the nineteenth century.
In this essay, Pratiksha Baxi explores the modes by which the law addresses stripping and parading as a political ritual of atrocity in India at three registers: the naming of the spectacular violence by law; the naming of sites of such corporeal performances in legally plural settings; and identifying the circuits of power that are activated to immunize communities and institutions from naming these acts of injustice.
She illustrates the history of protests against sexual harassment, drawing on watershed legal cases and amendments, starting from the protests by women’s group against the rape of underage tribal girl Mathura in 1979, to nation-wide protests against the Nirbhaya rape case in 2012. Baxi draws extensively on the legal proceedings of Maya Tyagi’s sexual assault case (Sheo Kumar Gupta v State of Uttar Pradesh) and on the case of a young Hindu widow, S, who was sexually assaulted and paraded in her local community after she married a Muslim man (Miss M.S. Annaporani v State of UP). She examines the remnants of colonial law, particularly the laws of “divine displeasure” and “outraging a woman’s modesty” to see how mythic temporalities—like that of Draupadi from Mahabharta, in Mrs. Tyagi’s case—are evoked.
Baxi argues, using this framework, that the stripping and parading of women is constitutive of a public spectacle in which the victim is put on display as a degraded object, having been stripped literally and symbolically of all that is social. The justificatory discourse of such violence constitutes its victims as transgressive subjects who deserve the violence by evoking the language of law or custom. Elaborating on various legal amendments and introductions to judgments, Baxi concludes with analyzing the failings of these in practice. The processes of according dignity remain fraught, she says, when courts insist on hypertechnicalities hollowing the law of its constitutional content
With the Indo-Naga peace negotiations going into their twentieth year and no concrete resolution in sight, the area stands witness to many dying hopes. In this chapter, Dolly Kikon takes an insider's view to re-contextualise incidents of violence in the conflict-ridden terrain of Nagaland. The essay is a product of on-field research and experiences as it analyses the social and legal consequences of sexual violence that exist in the area. It is a singular analysis of Naga society, in that it tracks the different spaces that a survivor of such violence must operate in as it delves into the power relations that characterise each one. It is in this context that the story of one such survivor, called Beth, emerges. Beth's account speaks about the emergence of a culture of impunity that is embedded in the social relationships of Naga society. By locating violence inside the home, the essay investigates these relationships as well as the processes through which such impunity has become an obstacle for women's rights and justice. The area of focus is the Naga woman and her experiences of occupying a space that is fraught with conflict and sexual abuse. This figure is studied as an often-neglected survivor of cultural violence, whose voice is constantly suppressed by the masculine gaze, be it of the insurgent elements or the state armed forces. The essay is replete with real-life experiences and accounts, as it studies the forms of masculinity and suppression that have become pervasive in conflict zones where over the years violence has become naturalised beyond belief.
In this essay, Geetanjali Singh Chanda explores the idea of the nation, and its representation as a house or home in postcolonial Indian English literature. The author identifies that this literature has a dual parentage that manifests in its narratives, where characters with fragmented identities negotiate to make India their home.
Chanda explores this depiction of ‘Indianness’ through three prominent literary works: Nayantara Sahgal’s Rich Like Us (1983), Meena Alexander’s Nampally Road (1991), and Arundhati Roy’s The God of Small Things (1997). She focuses on the treatment of history within these narratives, and the struggle of characters to reconcile their personal or national history with the post-colonial present. This is done by connecting the events in the text to a significant historical event—like the Indian Independence in 1947, or the Emergency of 1975, which becomes the setting of both Rich Like Us and Nampally Road.
While an exhaustive study of the novels’ characters and storyline shows differences in their narratives and the authors’ perspectives, Chanda identifies common themes of disillusionment, belonging, and a complicated relationship with a house, which in each narrative becomes symbolic of the characters’ relationship with the nation. Women in particular seem to have tenuous relationships with the house, often being marginalized in the idea of the nation. But their relationships with each other seem to transcend national and ethnic identities, and help them navigate through the nation. Chanda focuses on these relationships in particular, associating the motherland with the biological mother.
'HIV and Women in the Northeast' explores the feminization of the HIV/AIDS epidemic in the northeastern states of India. Shyamala Shiveshwarkar illustrates the reason behind the growing epidemic in the Northeast—that the virus has been extending its reach with high-risk sub populations like injected drug users (IDUs) as well as making inroads with the general population—and focuses on how it is impacting women detrimentally. The region has seen the HIV/AIDS epidemic primarily driven by IDUs; states are combating the double dilemma of drugs and AIDS. Transmission of the virus from IDUs to spouses, sexual partners and children has also been established, which has led to statistical increases in sero-positivity. Given that the “Northeast” is a homogenizing misnomer, the author uses tracking mechanisms to outline how differences in socio-economic and anthropological dynamics contribute to different prevalence rates and changes in infected populations over time.
Shiveshwarkar establishes and elaborates on the critical linkages between drugs, violence, and gender inequalities at the individual, family, and societal levels to establish women’s increasing vulnerability to HIV/AIDS. She asserts that regardless of whether they are affected or infected, women are being forced to take on a greater share of the socio-economic and psychological burdens of stigma and discrimination, violence, caring for the sick and providing for their families. Many women, including young girls who are forced to drop out of school, are made to work to cover the medical expenses of sick spouses or to repay debts. The author takes care to outline the intersection of these vulnerabilities with the political insurgency in these states and explores the problems with existing treatment and care of HIV/AIDS—focusing primarily on its inadequacy and male-centricism, which severely limits women’s access to prevention and care
In her conclusion, Shiveshwarkar, insists on the need to recognize that accessibility is a web of socio-economic, cultural and physical geographical factors: for women, the presence of services alone is insufficient. The author argues that what is needed is holistic reform which includes addressing the drug problem in these states, demanding state-sponsored medical interventions and gender sensitive medical environments.
This essay is a historical overview of Dalit literature, focusing on the contribution of women writers. The authors Urmila Pawar and Meenakshi Moon show how the Dalit movement gained momentum with the rise of Dalit centric newspapers and literary societies, which gave a voice to the Dalit people. Led by Babasaheb Ambedkar, this literary movement was strengthened through talks, discussions, analysis of folk songs, and by spreading literacy and encouraging research. By the 1960s, Dalit writers had created a huge collection of short stories, poems, novels, autobiographies and analytical pieces. The authors focus on the gradual increase of female voices and perspectives in Dalit writing – on topics ranging from religious customs like funerary rites, birth control, to mixed marriages. Some women included larger criticisms of patriarchal societal norms in their writing, advocating for equality. They were especially emphatic about the need for education, urging other Dalit women to take initiative by educating their daughters. The essay also looks at writings on Ambedkar himself, and on Buddhism, the religion that Ambedkar heavily propounded, and later embraced. By providing excerpts of their writings, the essay shows how the women often had differing points of view, leading to healthy discussions and critiques. Appreciating these works for their literary merits as well as social significance, the authors suggest that they helped people understand and appreciate their own history, and facilitated the spread of radical ideas of identity and self-worth.
This essay addresses the role that religion plays in sociopolitical processes in Mizoram by attempting to gauge the impact that churches have had in mediating conflicts and brokering peace in the state since the 1960s. It also examines the role of women (and lack thereof) in peacebuilding processes and explores gendered critiques of the same.
As Sawmveli and Tellis write, churches in Mizoram are centralized bodies that hold immense power, thus enabling church leaders to aid Mizo ‘militants’ in negotiating with the Indian government as early as 1966, when insurgency first broke out. However, women did not have much of a decision-making role, neither within the clergy nor during negotiations. The lack of women’s participation can be explained, according to the authors, by the entrenched patriarchy and misogyny in Mizo society. In fact, interviews with Mizo women reveal that they acknowledge the crucial role the church played in mediation, but did not see their exclusion from the process as an issue.
The essay further states that since most political parties in the region are aligned with churches, patriarchy in politics overlaps with patriarchal church culture to marginalize women. However, they also discuss the many women’s organizations that have come up over the years to facilitate women’s entry into the public sphere. Women are also reclaiming traditional proverbs that were used to oppress and belittle them—the essay cites Lalrinawmi Ralte’s rewriting of a popular saying that devalues women as crab meat in the form of what she calls ‘Crab Theology’.
In 'Kidnapping, Abduction, and Forced Incarceration', the authors examine, first, the various methods of kidnapping/abduction and forced incarceration—on the basis of a study of 47 narratives—and then analyze these forms of violence’s implications for Dalit women’s fundamental rights.
An examination of the relationship between kidnapping/abduction and forced incarceration, and violence concludes that non-state actors employ the method of forced incarceration to mete out punishment in the form of sexual and physical assault against Dalit women who do not conform to caste-class-gender hierarchies. An analysis of the study data, write the authors, shows that there are three broad categories of methods of kidnapping/abduction: the use of force, allurement through false promises, and other false allurements or ruses. Often, more than one method is utilized; throughout these categories, verbally coercive tactics (like threats) were used to further intimidate or torment the target.
The essay also notes that state actors, primarily the police, engage in their own forms of forced incarceration by the filing of false cases or the illegal detention of Dalit women. Unlike with non-state agents, the authority of a single police official, as a member of a dominant caste and as an agent of the state, is enough to successfully enforce an incarceration. This, the authors assert, shows the ascendency of caste norms over the rules of law.
The physical isolation and restriction from dominant caste male-dominated public spaces re-emphasizes and compounds the caste-class-gender-based social exclusion and vulnerability to violence that Dalit women face, argue the authors. Kidnapping/abduction and forced incarceration are used to both degrade Dalit women’s identity and to mould a collective negative identity fashioned along inequitable caste-class-gender parameters, conclude the authors. Kidnapping, Abduction, and Forced Incarceration thus highlights how these forms of violence negate their agency and reinforce notions of passive submission to exploitation and violence at the hands of the dominant caste.
Radha Kumar's chapter tracks the history of protests against dowry in the contemporary women's movement, starting from the first demonstrations at Hyderabad in 1975 and leading up to significant legal amendments in the early 1980s. Interspersed with historic photographs of the movement in its crucial stages, the essay captures the wave of protests that spread across the country, bringing disparate groups together to revolt against dowry-related crimes.
As stories of torture were brought to attention in public discourse, feminists challenged the dominant ideological mode that rendered violence against women a private, family matter. This violence was not only physical, but also mental, often leading to incidents of bride-burning and abetted suicide. Kumar's essay delves into the way such incidents garnered public outrage – particularly in Delhi, where the campaign was more sustained – and how, over time, feminists expanded their methods of seeking redress. The campaign, as it gained traction, sought action not only through legal investigation, which had been negligible in dowry crimes, but also through social pressure on the perpetrators.
Kumar's essay finally covers the consequences of the prolonged campaign, in particular those of changing legal attitudes. There had been a marked shift from an indifference regarding practices of dowry harassment and bride-burning to a series of amendments that set in place several protective as well as investigative measures for cases concerning dowry victims. The movement had then achieved, after initial setbacks, some important victories, and Kumar's essay captures this not only through its text but also through a range of photographs from the period.
On a cold February night in 1991, a group of soldiers and officers of the Indian Army pushed their way into two villages in Kashmir, seeking out militants assumed to be hiding there. They pulled the men out of their homes and subjected many to torture, and the women to rape. According to village accounts, as many as 31 women were raped.
Twenty-one years later, in 2012, the rape and murder of a young medical student in Delhi galvanized a protest movement so widespread and deep that it reached all corners of the world. In Kashmir, a group of young women, all in their twenties, were inspired to re-open the Kunan-Poshpora case, to revisit their history and to look at what had happened to the survivors of the 1991 mass rape. Through personal accounts of their journey, this book examines questions of justice, of stigma, of the responsibility of the state, and of the long-term impact of trauma.
Often cited as the most militarised zone in the world, the Kashmiri landscape is full of contradictory narratives. This essay intervenes in this crossfire of accounts in order to investigate the voices of survivors of sexual violence in the region.
This essay illustrates how sexual violence in the context of Kashmir takes on another layer of meaning as a deliberate strategy employed by the armed forces. It targets both women and men and has a bearing on their daily lives that are subsumed under the shadow of militancy. The events of Kunan Poshpora and Shopian, then, are only a few out of many incidents which speak volumes about the lack of accountability and the culture of silence in the terrain.
As a researcher and activist, Sahba Husain looks at the turning points in the narrative of sexual violence in the region and its emergence out of the margins. Much of the analysis in the essay also stems from personal accounts of survivors who have different allegiances and religious backgrounds, which has affected them differently and has allowed the author to delve deeper into their varied experiences. The aftermath of sexual violence and the challenges it poses in a patriarchal society, especially in the anxiety-ridden conflict zone, broaden the scope of engagement with the very notion of this kind of violence. The essay examines these concerns, as it initiates a move towards a more inclusive and incisive way of thinking about impunity and silenced narratives in the Valley.
Feminist movements in India have, both pre- and post-Independence, seen the family and home as the nexus of organizing women’s lives. By the early 1980s, attempts to analyse this nexus had led to examining the codification of women’s rights in marriage and property. It is in this vein that this essay considers the history of the 1985 Shah Bano case and the feminist debates on personal law that it gave rise to.
The call for a common civil code that emerged from the case was extensively critiqued by feminists, liberals and secularists, as well as Muslim religious leaders. The essay traces how the sociopolitical context led to the quick descent of the issue into communal agitation, with a demand that Muslims be exempt from Section 125 of the Criminal Procedure Code that had been cited in granting Shah Bano maintenance from her husband. It describes how Hindu communalism had been acquiring legitimacy in the eyes of the state, and the contribution of this factor to the national fervour surrounding Shah Bano’s case.
Kumar then traces the opposition by various women’s groups to the 1986 Bill, which was introduced in parliament with an aim to exclude divorced Muslim women from the purview of the hotly debated Section 125. She explores the ‘bitter lessons’ that Indian feminists learnt from the public and state responses to Shah Bano’s case, which then posed certain questions that would become increasingly important to feminists in the years to follow. She concludes with questions of secularism–its definition and its practice–and of representation, both of which are brought to the forefront by Shah Bano’s case.
This essay puts forward a study, conducted across four states, that brings out the challenges faced by seventeen Dalit women when availing health services in government and private medical institutions. These accounts are placed next to interrelated and essential elements of the right to health, allowing the reader to understand the different forms of medical negligence faced by these women.
The essay shows that both private and public health-care systems position Dalit women at the periphery for reasons of caste, class, and gender. The narratives cover cases where women approached medical institutions with their ailments and also situations where medical practitioners coerced them into family planning operations. The authors note that these narratives are a telling comment on the way government medical state treats Dalit women patients in contrast to non-Dalit patients. The manifestations of the negligence faced by the former group include long waiting periods, indifferent verbal responses, rude verbal responses and refusal of treatment.
The authors argue that the negligence has had consequences on other spheres of these women’s lives: economic, psychological, and personal (their identities as Dalits and women), and this make them more vulnerable to discrimination. The conclusion of the essay shows the reader medical negligence from a systemic angle, by examining the social and political positions of the medical personnel, their value systems, geographical settings and underlying power equations.
This essay uncovers how the writings of women have emerged as forms of protest in Assam, a region torn by political violence and prolonged militancy. For Tilottoma Misra, these voices are doing more than simply responding to a need to represent the marginalised; they are attempting to depict the trauma that the women experience in their lives. In discussing the power of the narrative, Misra lays out those aspects of traumatic events that a literary discourse can grasp more expansively than a strictly historical narrative.
Through a discussion of women's writing in the last ten years, the essay explores ways in which women have been affected by violence committed by both the armed forces as well as the militants. Questions of representations do figure prominently in the essay, and the author refers to short stories and poems to illustrate the experience of living through traumatic incidents and moments of devastation. The texts also reveal a desire to create subjects who are able to rise above their immediate political locations and see suffering in a more universal light.
Written by women during times of conflict, these stories and poems help explore nuances of the ways in which one's psyche is affected by the same. With a population facing discoveries of mass graves and an increasing breakdown of basic civic amenities, Misra poses urgent questions as to the role of the writer in such difficult times.
This essay puts forward a series of accounts centred around the different manifestations of sexual violence in the lives of Dalit women. Unlike in the legal world, in these accounts lines between methods of assault and degrees of injury emerge blurred, and many of them remain unreported or have otherwise not been disclosed by the survivors.
Exposing the vulnerability of Dalit women to both gender-based exploitation and caste-based violence, the essay investigates the threats that follow the women into their homes, their workplace, and the streets. It also looks at the ways in which the survivors’ voice is silenced, time and again, by the authority of the ruling caste. Covering the many different structures that enable and even perpetuate such violence, the essay focuses in particular on the jogini system that legitimises prostitution even as it creates a circle of exploitation and social discrimination. This leads to an analysis not only of the incidents and functions of sexual violence, but also of the consequences that have to be borne by the survivors alone.
The authors explore different kinds of exploitative structures to identify ways in which they hamper women's claims over their bodily integrity, dignity and privacy. They show how the upper-caste discourse of a Dalit woman's sexual availability, along with the impunity for sexual crimes committed against them, is dangerous on multiple levels. It is the study of the contributing factors to this discourse, coupled with the functions and social effects of this particular kind of sexual violence, that the essay concerns itself with.
The essay traces the detrimental effects on the health of the people of Nagaland due to excessive militarisation in the region. Ngully puts the idea of 'health' into perspective and examines the implications of the WHO definition, which cites not just physical, but also mental and social well-being as criteria. This is done with regard to the torture, murder, and rape that the Naga people have been subject to in the past years by the security forces, justified under the cover of the Armed Forces Special Powers Act (AFSPA).
By placing the psychological trauma that the Naga people have faced within a broader context of disorders resulting from large-scale manufactured disasters, Ngully lays emphasis on the scale of tragedy in his homeland. There is a certain universality to the potential effects that such disasters can have on the mental health of survivors, and these can last long into the aftermath. The effect on mental health, then, Ngully argues, is an important component of disaster impact.
The essay also looks at torture as a term used to describe the atrocities being committed by the security forces and briefly draws a picture of its actions, which have effectively led to a war-like situation. Ngully finally concludes with a call to civil society for the various kinds of help that they can extend in order to mitigate the effects of such a crisis.
Kalpana Sharma's essay explores the multiple roles that women came to occupy in the riots that took place in Mumbai post the Babri Masjid demolition. As the news of this destruction – carried out on 6th December 1992 – was broadcast across the country, it triggered communal violence, resulting in two phases of riots between the Muslim and the Hindu communities. The essay looks at the people who were some of the most affected by the carnage in the city, the urban poor, and highlights how their specific spatial and economic locations had a great bearing on their lives in this period. By studying the chawl dwellers, the slum inhabitants, and the people who resided on the pavements and analysing how each group had varying responses to the riots, Sharma's study explores what degree of significance their religious identity held during this time.
Sharma argues in her essay that the role of the women during these riots was not defined by their gender identity alone, or even their religious affiliation, but also by their class and their location in the metropolis. Her essay is an attempt to understand why and how these factors held the importance that they did, as her study spans areas of Mumbai which were all affected directly by the chaos. She adopts and reinforces a perspective that is broad, in that it explores women's roles during the riots not only as victims, but also as active participants, ready to fight for survival, and as peacemakers who played key roles in bringing communities together in difficult times.
Two prominent protests in Manipur by women in recent years, one an individual one and the other a collective one, have brought to national attention the brutalities committed by the armed forces on ordinary citizens under the Armed Forces Special Powers Act.
This essay highlights what those protests mean for peace in Manipur, and how women have played a critical role in exposing the impunity with which human rights are violated under the exceptional circumstances created by the AFSPA. It also questions the unethical nature of militarization and the patriarchal nature of the State.
Broadly containing two segments, it gives a background to Irom Sharmila’s protests and her reasons for choosing hunger strike as her method of protest. The discourse of conscience and Satyagraha that Sharmila evokes is brought out through interviews. This is followed by an analysis of the 2004 public disrobing by the Meira Paibis, in protest against the rape and murder of a young woman by the personnel of the Assam Rifles.
The essay shows the inversions brought about by both protests via a comparison between Irom Sharmila’s prolonged hunger strike against an exceptionally violent law, and the Indian Army Rape Us protests by the Meira Paibis. Both challenge the division between the public and the private, holding the state publicly accountable for atrocities committed in private. Food and clothing, one a biological necessity and the other an important social norm, are given up by the protestors. According to Mehrotra, this shows the power of the human body generally, and the female body particularly, to formulate and transmit subversive messages. She finds that underlying the protests is a common thread of rebuilding Manipur out of all the chaos.
This piece was written after the abduction of the author's husband by ULFA terrorists in Majuli, Assam where they worked as social development workers in 1996–97. In this chapter, Ghose explores her experience of learning to cope with the aftermath. Moving from personal reflections to discussing universal aspects of such suffering, she throws light on the far-ranging impact of violence that often goes unacknowledged. She then captures the different stages that an individual undergoes in the period of suffering, and consequently looks at strategies of coping which are effective and can transcend harmful responses. By shifting the focus onto the individual's own reaction to violent events, Ghose is able to break down the mistakes that one is susceptible to making almost reflexively – mistakes that perpetuate a cycle of violence.
Written in the form of a prefaced monograph, the title of this piece is drawn from a short course that the author attended in Delhi, which gave her the fresh perspective and strength needed to make this reflective essay a reality. Ghose's insights on responding to events of violence or conflict are embedded in a critique of certain forms of protest as well as what she calls the commonly held 'victim attitude'.
For Ghose, strategies of coping become methods of achieving much more. In a world full of violence and rage where a vicious cycle of the two is kept alive, it becomes imperative to rise above feelings of aggression and victimisation that inevitably cause more harm than good.
This book examines the structures of governance as they impact women in five conflict zones in South Asia: Swat in Pakistan, the Chittagong Hill Tracts in Bangladesh, the Northern Province in Sri Lanka, and Kashmir and Manipur in India.
Despite their different historical and political contexts, the five studies included here throw up some common patterns. War and conflict have weakened and eroded existing formal structures and institutions of governance. New formations, whether made up of militant groups, or more ‘secular’ state institutions like armies, do not see women as rights-bearing actors. Further, the authors argue, the impact of war, conflict, settlerism and militancy can make state structures more distant and sometimes incomprehensible to citizens, leaving women’s specific gender concerns unaddressed.
Taken together, the essays show that women’s relationship with governance institutions is complex, and combines dependence on such institutions with the challenge of dealing with new forms of patriarchy that take root as structures transform and change. The gendering of governance policy and practice therefore, is of crucial importance.
CONTRIBUTORS: Amena Mohsin | Delwar Hossain | Nazish Brohi Saba Gul Khattak | Malathi De Alwis | Udhayani Navaratnam | Nima Lamu Yolmo | Shaheena Parveen | Ayesha Parvez | Seema Kazi
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