Inclusive Justice: Understanding the Dynamics of Intersectionality in Legal Decision Making in India

  • A. Shree Nidhi
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  • A. Shree Nidhi

    Student at Alliance University, Bangalore, India

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Abstract

This study explores the complex dynamics of intersectionality in Indian law, with particular attention on how it affects the pursuit of inclusive justice. The notion of intersectionality, which recognizes the interdependence of oppressive institutions and social identities, provides a crucial framework for examining the intricacies involved in making legal decisions. This research attempts to clarify how several intersecting elements, such as gender, caste, religion, class, and culture, intersect to determine legal outcomes and access to justice in India through a thorough assessment of the body of current research and analytical methods. The present study provides light on the obstacles and possibilities for promoting inclusive justice in the judicial system of India. While structural obstacles and systemic prejudices continue to support inequality, there are also examples of progressive legal measures that show the possibility of transformative shift. Building on these discoveries, this article makes suggestions for promoting intersectional approaches in legal decision-making for legal professionals, legislators, and members of civil society. In closing, this study makes suggestions for advancing inclusive justice within the Indian judicial system. These suggestions include adopting inclusive policies and practices that meet the overlapping needs of oppressed groups, fostering diversity within legal institutions, and using intersectional approaches towards legal training and instruction. India may go closer to fulfilling its constitutional commitment to ensuring justice, equality, and dignity for every person by emphasizing the experiences of disadvantaged people and tackling the intersecting kinds of injustice they encounter.

Type

Research Paper

Information

International Journal of Law Management and Humanities, Volume 7, Issue 5, Page 1333 - 1343

DOI: https://doij.org/10.10000/IJLMH.118377

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This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.

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