Student at Kirit.P. Mehta School of Law, NMIMS, India
Intersectionality is a term which embodies the spirit of heterogeneity of the human race. From the late 20th Century, human rights defenders have attempted to merge this idea into anti-discrimination expostulations. Nonetheless , intersectional discrimination still exists and finds no recourse in the contemporary legal infrastructures of the world. The paper attempts to navigate the interplay of humanities and law in order to discern the absence of intersectionality in today’s revolutionizing debates of gender justice. In India , the cultural ramifications lead to colossally different grounds for intersectional discrimination from the normative western idea of intersectionality which began with racial discrimination. The researcher focuses on variables unique to India which include discrimination based on gender , sex , , religion , caste ,class and their subcultures surrounding the demographics of India. Following the need for an assessment mechanism to map and subsequently structurize ‘identity and place genus’ to combat deep rooted oppression , the paper analyses the identities and the corresponding places which are left out of the protection laws of the country by conducting a non-doctrinal research. Recognition of overlooked identities along with its relationship to the existence in physical spaces which can be regulated through the enforcement of rules and regulations is a first step in discerning the humongous problem of intersectional discrimination in India which yet some scholars believe is a far reaching goal.
Research Paper
International Journal of Law Management and Humanities, Volume 4, Issue 6, Page 1493 - 1516
DOI: https://doij.org/10.10000/IJLMH.112417This 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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