INTERSECTIONALITY AND GENDER JUSTICE IN INDIA: REASSESSING LEGAL PROTECTION FOR WOMEN, LGBTQIA+ AND MARGINALISED COMMUNITIES

The concept of intersectionality provides an important tool in analysing how different types of discrimination impact people in multiple and intersecting ways based on their various social identifications, such as gender, caste, class, religion, sexuality, and others. In India, the debates surrounding gender justice have been limited in the sense that they consider all women as one homogeneous category without taking into account the different kinds of oppression that Dalit women, Adivasis, religious minorities, disabled, and LGBTQIA+ communities face. This paper examines the extent to which India’s constitutional and legal framework is capable of addressing issues of intersectional discrimination and whether the protections available are adequate in light of the concerns raised by marginalised communities. Specifically, this paper will discuss the constitutional provisions, legislative measures, and judicial cases that have influenced the contemporary gender jurisprudence of India, including transgender rights, sexual autonomy, workplace equality, and substantive equality. Finally, the limitations of approaches based on formal equality will be examined, and a call for transforming the approach towards gender justice through the use of intersectionality will be made.