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White Black Legal – International Law Journal · ISSN 2581-8503
A STUDY ON INTERSECTIONALITY: CASTE AND GENDER DISCRIMINATION IN INDIA
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Abstract
A STUDY
ON INTERSECTIONALITY: CASTE
AND GENDER DISCRIMINATION IN INDIA
AUTHORED
BY - MOHAMED RASIK.S
TABLE OF CASES
|
S. No.
|
Name of the Case
|
Year
|
|
1
|
State of Karnataka
v. Appa Balu Ingale
|
1995
|
|
2
|
Indra Sawhney v. Union of India
|
1992
|
|
3
|
Vishaka v. State of Rajasthan
|
1997
|
|
4
|
Safai Karamchari Andolan v. Union of India
|
2014
|
|
5
|
Navtej Singh Johar v. Union of India
|
2018
|
|
6
|
Patricia Mukhim v. State of Meghalaya
|
2021
|
CHAPTER I – INTRODUCTION
1.1
Background
of the Study
Indian society is
shaped by several social identities and structures, including caste, gender,
class, religion, disability and place of residence. These identities do not
operate separately in everyday life. They often interact and influence the
opportunities, treatment and rights available to individuals. Intersectionality
is a framework for understanding how different forms of disadvantage overlap
and create experiences that cannot be fully explained by looking at caste or
gender alone.
In India, caste has
historically influenced access to land, education, occupation, public spaces
and social status. Gender inequality has also limited women's autonomy,
property rights, education, employment and participation in public life. Women
belonging to Scheduled Castes and other marginalised caste groups may
experience both caste-based exclusion and gender-based discrimination. Their
experiences may be shaped by poverty, social stigma, unequal power relations
and barriers to justice.
The term
intersectionality was developed by legal scholar Kimberlé Crenshaw to explain
how overlapping systems of discrimination can produce distinctive
disadvantages. In the Indian context, the idea helps examine how caste and
patriarchy operate together. The present study examines this combined impact
within India's social, constitutional and legal framework.
1.2
Significance
of the Study
The study is
significant because caste and gender discrimination continue to affect access
to education, employment, public services, political participation and justice.
Examining these issues separately may overlook the distinct position of women
who experience both forms of exclusion.
The study is also
important from a constitutional perspective. Articles 14, 15, 17 and 21 provide
a foundation for equality, non-discrimination, abolition of untouchability and
dignified life. Special legislation and affirmative action policies also seek
to address historical disadvantage.
1.3
Review
of Literature
Kimberlé Crenshaw's writings on intersectionality explain how overlapping systems of discrimination may be missed when legal analysis focuses on only one category.
B.R. Ambedkar's writings on caste and social hierarchy provide an important
basis for examining caste and gender in India.
Uma Chakravarti's work
on gender and caste examines the connection between Brahmanical patriarchy,
caste reproduction and control over women's social roles. Sharmila Rege's
scholarship highlights Dalit women's standpoint and the importance of
recognising their experiences within feminist analysis.
Reports and
recommendations of national commissions provide institutional perspectives on
discrimination, violence, representation and access to remedies. The present
study brings these strands together through constitutional and statutory
analysis.
1.4
Research
Gap
Existing studies have
discussed caste discrimination, gender inequality, Dalit women's experiences,
violence against women and affirmative action. However, there remains a need to
examine these issues together through a structured legal study of intersectionality.
A single-category approach can obscure the distinctive barriers faced by women
situated at the intersection of caste and gender.
There is also a need to
examine whether constitutional protections and special legislation are
implemented in ways that recognise overlapping disadvantage. This study
addresses these issues by analysing legal provisions, judicial decisions and
practical institutional challenges.
1.5
Research
Objectives
1.
To understand intersectionality in the
context of caste and gender discrimination in India.
2.
To examine the social, economic,
educational, political and legal effects of intersecting inequalities.
3.
To analyse constitutional provisions and
statutory protections relevant to caste-marginalised women.
4.
To study selected judicial decisions
concerning equality, caste discrimination, gender justice and access to
remedies.
5.
To suggest legal, institutional and social
measures that promote substantive equality.
1.6
Research
Questions
1.
What is intersectionality, and how does it
explain caste and gender discrimination in India?
2.
How do caste and patriarchy affect the
opportunities of marginalised women?
3.
To what extent do constitutional
provisions and legislation provide effective protection?
4.
What practical barriers affect access to justice?
5.
What measures can improve legal protection
and institutional accountability?
1.7
Research
Methodology
This study adopts a
doctrinal and analytical research methodology. It examines constitutional
provisions, legislation, judicial decisions, books, research articles, reports
and reliable online legal resources. It does not claim to rely on original
field surveys, questionnaires or personal interviews.
Primary sources include
the Constitution of India; the Scheduled Castes and Scheduled Tribes
(Prevention of Atrocities) Act, 1989; the Protection of Civil Rights Act, 1955; the Protection of Women from Domestic
Violence Act, 2005; the Sexual Harassment of Women at Workplace Act, 2013; and
selected judicial decisions.
Secondary sources
include books on caste, gender, feminist jurisprudence and constitutional law;
research articles; academic journals; government and commission reports; legal
commentaries; and reliable online resources. These materials are analysed qualitatively.
1.8
Limitations
of the Study
1.
The study is doctrinal and does not
include original field surveys or interviews.
2.
It mainly focuses on the Indian
constitutional and legal framework.
3.
International materials are considered for
conceptual and comparative purposes.
4.
Experiences vary across regions,
communities and social settings.
5.
The study relies on publicly available
legal materials, scholarship and reports.
6.
It focuses primarily on caste and gender
and does not examine every form of inequality in equal detail.
1.9
Scheme
of the Study
Chapter I introduces the study and explains its objectives, research
questions, methodology and limitations.
Chapter II explains intersectionality and its social dimensions. Chapter III
examines constitutional provisions, legislation, affirmative action and
judicial decisions. Chapter IV discusses constitutional rights and practical
barriers. Chapter V evaluates the framework, presents findings and makes
recommendations.
CHAPTER II – CONCEPT AND DIMENSIONS OF INTERSECTIONALITY
Intersectionality
provides a framework for understanding how social identities and systems of
power interact. In India, caste and gender are connected to social status,
economic opportunity, family structures and access to public institutions.
2.1
Meaning
and Nature of Intersectionality
Intersectionality
refers to the interaction of multiple social identities and systems of
disadvantage. Caste, gender, class, religion, disability and location may
overlap and shape a person's opportunities and treatment.
The concept is
associated with Kimberlé Crenshaw's legal scholarship, which showed how
discrimination law can overlook
people whose experiences do not fit neatly into a single category. In India, the experience
of a Dalit woman may differ from that of a Dalit man or a woman from a socially
dominant caste. This is not simply an addition of disadvantages; it may be a
distinct experience created by their interaction.
Intersectionality asks
who is included in legal protection, whose experiences shape policy, and
whether remedies address the barriers faced by different groups. It recognises
that marginalised people are not a uniform group.
2.2
Historical
Development of Intersectionality in India
Indian social reformers
and anti-caste thinkers examined the links between caste, gender and social
power before the term intersectionality became widely used. Jyotirao Phule and
Savitribai Phule challenged caste hierarchy and unequal access to education,
including the exclusion of girls and oppressed communities.
B.R. Ambedkar examined
caste as a system of graded inequality and wrote about marriage, family and
women's position within caste society. Periyar and other reformers also
criticised caste hierarchy and patriarchal practices.
Dalit women's activism
and scholarship have highlighted that mainstream feminist analysis can overlook
caste, while anti-caste discussions may not always fully address gender.
Intersectionality helps bring these experiences into a shared analysis.
2.3
Caste
and Gender as Intersecting Structures
Caste and gender
operate through customs, family expectations, labour arrangements and access to
resources. Caste hierarchy can influence social status and access to land,
education and public spaces, while patriarchal norms can limit women's
decision-making power.
Control over marriage
and relationships has historically played a role in maintaining caste
boundaries. Women may face scrutiny, threats or violence when they challenge
expected social roles or form relationships across caste lines. Legal and
social responses must recognise personal autonomy and the specific context of
harm.
An intersectional
approach avoids assuming that all women experience discrimination in the same
way. It asks whether law and policy recognise the different circumstances of
women from marginalised caste groups.
2.4
Social
and Economic Discrimination
Social discrimination
can include exclusion from community activities, denial of access to common
resources, caste-based insults, segregation and unequal treatment by local
institutions. Women may experience these practices in households, workplaces,
educational institutions and public spaces.
Economic inequality is
connected with caste and gender. Women from marginalised caste groups may be
concentrated in insecure or poorly paid work and may have limited access to
land, credit, training and stable employment. Unpaid care work can further restrict
their opportunities.
Effective measures
require not only legal prohibitions but also access to education, employment,
social security, housing and public services.
2.5
Political
Exclusion and Representation
Political participation
includes voting, contesting elections, holding public office and taking part in
community decision-making. Reservations have expanded opportunities for Scheduled Castes and women, but formal representation does not
always guarantee independent participation.
Women elected to
reserved positions may face pressure from dominant community members or male
relatives. Intimidation, limited resources and unequal access to information
can undermine their authority.
Leadership training,
transparent decision-making, protection from intimidation and access to
information can strengthen substantive political participation.
2.6
Education,
Employment and Access to Resources
Caste and gender discrimination can affect enrolment, retention, classroom participation and access to safe
educational facilities. Students may face stigma, bullying or financial
barriers, while girls may have additional care responsibilities and transport
difficulties.
In employment,
discrimination may arise in recruitment, wages, promotion and workplace
treatment. Precarious employment may make reporting unsafe. Laws are important,
but implementation and accessible complaint mechanisms are equally necessary.
Access to resources includes
land, housing, sanitation, healthcare, digital technology and welfare schemes. Intersectional policy design
should identify practical barriers and ensure public services are accessible.
2.7
Violence,
Dignity and Social Justice
Violence against women
from marginalised caste groups may be used to enforce social hierarchy or
intimidate a community. Each incident must be assessed on its facts, but an
intersectional perspective highlights the importance of examining caste-related
motive and gendered harm.
Survivors may face fear
of retaliation, pressure to compromise, economic dependence or distrust of
institutions. Respectful procedures, protection measures, legal assistance and
sensitive investigation are essential.
Social justice requires
more than formal equality. It requires conditions in which individuals can
exercise rights without humiliation or exclusion.
CHAPTER III – LEGAL FRAMEWORK AND JUDICIAL APPROACH
The Indian legal
framework contains constitutional guarantees, special legislation and judicial
principles relevant to caste and gender discrimination.
3.1
Constitutional
Framework
Article 14 guarantees
equality before the law and equal protection of the laws. Article 15 prohibits
discrimination by the State on specified grounds,
including caste and sex, and permits special
provisions in
constitutionally authorised circumstances. Article 16 concerns equality of
opportunity in public employment and permits reservation measures under
specified conditions.
Article 17 abolishes untouchability. Article 21 protects
life and personal
liberty and has been interpreted to include dignity and other essential interests. Article 46
directs the State to promote the educational and economic interests of weaker
sections, particularly Scheduled Castes and Scheduled Tribes, and protect them
from social injustice and exploitation.
These provisions must
be read together. Intersectionality helps examine whether legal measures
address the combined effect of caste and gender disadvantage.
3.2
Scheduled
Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989
The Act seeks to
prevent atrocities against members of Scheduled Castes and Scheduled Tribes,
provides for special courts and includes measures concerning victims and
witnesses. It responds to specified forms of caste-based violence, humiliation,
intimidation and exclusion.
For women from
Scheduled Castes and Scheduled Tribes, the Act may apply where the facts
satisfy the statutory ingredients. An intersectional approach
highlights gendered harm and the need for survivor-sensitive investigation while
respecting statutory requirements.
Effectiveness depends
on proper registration and investigation, protection of victims and witnesses,
timely trials, legal assistance and accountability where officials fail to
perform their duties.
3.3
Protection
of Civil Rights Act, 1955
The Protection of Civil
Rights Act, 1955 gives effect to the constitutional abolition of
untouchability. It penalises specified practices arising from the enforcement
of disabilities associated with untouchability.
Women may experience
caste-based exclusion in community spaces, educational settings, workplaces and
public facilities. The applicable remedy depends on the conduct and statutory
requirements.
Effective
implementation requires public awareness, accessible complaint procedures and
action by authorities.
3.4
Legal
Protection Against Gender-Based Violence
The Protection of Women
from Domestic Violence Act, 2005 provides civil remedies in cases within its
scope. The Sexual Harassment of Women at Workplace Act, 2013 establishes a
framework for preventing and redressing workplace sexual harassment. Criminal laws
address specified forms of sexual violence, stalking, intimidation and other
offences.
An intersectional
approach asks whether women from marginalised caste groups can safely access
remedies and whether complaint bodies respond to caste-related vulnerability.
Multiple identities should not become a reason to deny protection or
credibility.
Legal awareness,
trained personnel, confidentiality where required and timely remedies are
important for ensuring effective protection.
3.5
Reservation,
Equality and Affirmative Action
Reservation and
affirmative action are constitutional mechanisms intended to address historical
exclusion and unequal representation. Provisions relating to education, public
employment and political representation seek to improve access for disadvantaged
groups.
Intersectionality asks
whether women within beneficiary groups can access these opportunities equally.
Representation of Scheduled Castes does not automatically mean that women
within those communities enjoy equal access to leadership, education or employment.
Transparent
implementation, outreach, support services and meaningful participation of
affected communities can strengthen affirmative action.
3.6
Important
Judicial Decisions
Judicial decisions
explain the operation of constitutional guarantees and statutory protections.
The following cases are relevant to equality, caste discrimination, gender
justice and protection of vulnerable groups, although not every case directly
uses the term intersectionality.
3.6.1
State of Karnataka v. Appa Balu Ingale (1995)
The Supreme Court
considered the practice of preventing members of a Scheduled Caste community
from drawing water from a public borewell. The case highlighted Article 17 and
the need to address untouchability through effective enforcement and social
change.
3.6.2
Indra
Sawhney v. Union of India (1992)
This leading decision
concerned reservation in public employment under Article 16(4). The Supreme Court examined the constitutional basis
and limits of reservation for socially and educationally backward classes. It
remains important to the legal framework of affirmative action.
3.6.3
Vishaka
v. State of Rajasthan (1997)
The Supreme Court
addressed sexual harassment at the workplace and laid down guidelines to
protect working women before specific legislation was enacted. The judgment
connected workplace safety with equality, dignity and the right to work.
3.6.4
Safai
Karamchari Andolan v. Union of India (2014)
The case concerned
manual scavenging and the implementation of laws intended to prohibit the
practice and provide rehabilitation. The Court issued directions relating to
identification, compensation and rehabilitation, making the case relevant to
caste-based occupational exclusion and gendered labour burdens.
3.6.5
Navtej
Singh Johar v. Union of India (2018)
The Supreme Court
considered the criminalisation of consensual same-sex relations between adults.
The judgment emphasised dignity, autonomy, equality and constitutional
morality. Its broader principles contribute to discussions of stigma and
exclusion.
3.6.6
Patricia
Mukhim v. State of Meghalaya (2021)
The case concerned
online expression and criminal proceedings relating to comments about violence
against members of a tribal community. The Supreme Court addressed the legal
threshold for criminal action in the context of speech. Its relevance must be understood
in light of the facts and precise holding.
3.7
Judicial
Approach to Caste, Gender and Equality
The judicial approach
draws on constitutional equality, dignity and social justice. Cases concerning
untouchability, workplace safety, affirmative action and occupational
exploitation demonstrate different ways in which courts respond to structural
inequality.
An intersectional
approach asks whether a remedy addresses the full context of the affected
person. A complaint may involve caste-based humiliation, gender-based violence,
economic coercion or exclusion from public services at the same time.
Intersectionality does
not replace the legal elements of an offence or constitutional test. It helps
explain context, identify barriers and assess whether institutions offer
meaningful protection.
CHAPTER IV – CONSTITUTIONAL RIGHTS AND PRACTICAL CHALLENGES
4.1
Intersectionality
and Article 14
Article 14 guarantees
equality before the law and equal protection of the laws. Equal treatment in
form may not always produce equal access where individuals face different
historical and structural barriers.
Women from marginalised
caste groups may experience discrimination in public services, policing,
education, employment and local administration. Article 14 supports scrutiny of
arbitrary or unequal treatment and encourages remedies responsive to affected
people.
4.2
Article
15 and Prohibition of Discrimination
Article 15 prohibits
State discrimination on specified grounds, including caste and sex, and permits
constitutionally authorised special provisions. These provisions reflect the
idea that equality may require action to address disadvantage.
An intersectional approach examines whether
policies reach women facing overlapping barriers. Gender-focused measures may fail to address
caste-specific exclusion if they treat women as a single undifferentiated
category.
4.3
Article
17 and Abolition of Untouchability
Article 17 abolishes
untouchability and rejects caste practices that deny equal status and access to
public life. Legislation penalises specified practices associated with
untouchability and atrocities against Scheduled Castes and Scheduled Tribes.
Women may experience
caste-based exclusion in community spaces, education, workplaces and public
facilities. Effective enforcement requires awareness, accessible reporting, accountability and action against unlawful practices.
4.4
Article
21, Dignity and Bodily Autonomy
Article 21 protects
life and personal liberty and has been connected by judicial interpretation
with dignity, privacy and bodily autonomy. Caste-based humiliation and
gender-based violence can interfere with these interests.
Respect for dignity
requires authorities to respond to complaints without degrading treatment.
Protection, medical support, legal assistance and fair investigation may be
necessary depending on the facts and applicable law.
4.5
Underreporting
and Social Barriers
Discrimination and
violence may go unreported because of fear of retaliation, economic dependence, social
stigma, family pressure, lack of legal
awareness or concern
that authorities will not act. Women may also fear losing employment, housing
or community support.
Community legal
awareness, confidential and accessible reporting, support services and prompt
action can reduce barriers. The absence of a complaint should not be treated as
proof that discrimination does not occur.
4.6
Access
to Justice and Institutional Bias
Access to justice
includes the ability to approach authorities, receive a fair hearing, obtain
legal assistance and secure an effective remedy. Travel costs, documentation,
lost wages and language barriers may make this difficult.
Institutional bias can affect
how complaints are received and investigated. Training, independent oversight,
reasoned decisions, accessible legal services and accountability are important.
4.7
Education,
Employment and Economic Inequality
Education and
employment are essential to independence and social mobility. Discrimination
may affect admission, classroom treatment, retention, recruitment, wages,
promotion and safe working conditions.
Economic insecurity can
limit the ability to challenge discrimination. Scholarships, safe transport,
skills training, fair recruitment, equal-pay enforcement and social security
can improve access to opportunity.
4.8
Political
Participation and Representation
Reservations have
expanded representation in elected bodies and public institutions, but
structural barriers may continue after election or appointment. Intimidation,
lack of resources and unequal access to information can limit independent
decision-making.
Meaningful
representation requires the ability to speak, participate in decisions and
access resources without threats or discrimination. Capacity-building and
transparent procedures can help.
CHAPTER V – CRITICAL ANALYSIS, FINDINGS AND SUGGESTIONS
1.1
Effectiveness
of the Existing Legal Framework
India has a broad
constitutional and statutory framework addressing equality, caste-based
exclusion, violence against women and access to public opportunities. Articles
14, 15, 17 and 21 establish important protections, while special legislation addresses specified forms of caste-related wrongdoing and
gender-based harm.
Effectiveness depends
on implementation. Delayed investigations, inadequate awareness, social
pressure, weak support services and difficulties accessing legal assistance can
reduce the practical value of legal rights. Intersectional evaluation asks
whether institutions recognise the combined effects of caste and gender and
provide accessible remedies.
1.2
Gaps
in Law and Implementation
A major challenge is the gap between formal protection and enforcement. People may not know which law
applies, where to complain or what assistance is available. Multiple connected
harms can require coordination between agencies.
Data that records only one category
may fail to reveal whether
particular groups face distinct barriers. Any data collection must respect privacy and dignity while
supporting evidence-based policy.
Institutional
prejudice, delays, limited resources and insufficient victim support require
administrative reform, training, monitoring and accountability.
1.3
Adequacy
of Protection for Dalit and Marginalised Women
Protection should be
assessed by whether women can report discrimination safely, whether complaints
are taken seriously and whether timely remedies are available. Social pressure,
threats, loss of livelihood or humiliating treatment can weaken legal protection.
Support should include
accessible legal aid, information in local languages, counselling, shelter
where required, and coordination between relevant authorities. Women should not
have to navigate multiple procedures without assistance.
Education, employment,
housing, healthcare and social security can reduce dependence and improve the
ability to exercise rights. Policies should involve affected communities and
recognise differences within them.
1.4
Role
of Institutions and Civil Society
Police, courts, local
administration, schools, universities, employers and welfare agencies all
influence the effectiveness of legal protection. Each institution should
understand its duties and ensure that complaints are handled fairly, promptly
and respectfully.
Civil society
organisations, legal services authorities, women's groups and Dalit rights
organisations can provide legal literacy, referrals, documentation support and
public education. Their work is important where people are isolated or lack
confidence in formal institutions.
Cooperation should
preserve confidentiality, independence and the choice of the affected person.
1.5
Comparative
and International Perspective
International human
rights principles support equality, non-discrimination, dignity and access to
justice. The Universal Declaration of Human Rights recognises equality and
equal protection. The Convention on the Elimination of All Forms of
Discrimination against Women requires measures to eliminate discrimination
against women, while the International Convention on the Elimination of All
Forms of Racial Discrimination addresses racial discrimination.
International
discussions of intersectionality encourage policymakers to examine how multiple
grounds of discrimination interact. Foreign laws cannot simply be transplanted
without considering India's constitutional structure and social conditions.
Useful lessons include
accessible complaint mechanisms, appropriate data, institutional training,
victim support and participation by affected communities.
1.6
Major
Findings
1.
Caste and gender
may interact to create distinctive experiences that cannot
always be explained by either category
alone.
2.
The Constitution provides a foundation
through equality, non-discrimination, abolition of untouchability,
dignity and affirmative action.
3.
Special legislation addresses specified
forms of caste-based discrimination and gender-based violence, but
effectiveness depends on enforcement and access to remedies.
4.
Social stigma, economic dependence, fear
of retaliation and lack of awareness can discourage reporting.
5.
Institutional bias, delays, limited
resources and weak coordination may reduce practical protection.
6.
Education, employment, political representation and public services
should be examined
through an intersectional
perspective.
7.
Meaningful participation of affected women
is necessary for designing and evaluating policies.
1.7
Suggestions
and Recommendations
1.
Strengthen legal awareness programmes in schools, colleges,
workplaces and communities using accessible languages.
2.
Ensure police stations,
legal services authorities and commissions provide
respectful, timely and accessible assistance.
3.
Train police, prosecutors, judges, administrators, teachers
and workplace committees on caste
discrimination, gender justice and constitutional duties.
4.
Monitor
enforcement, address avoidable delays and hold officials accountable where duties are not
performed according to law.
5.
Expand access to legal services,
counselling, shelter, rehabilitation and support where appropriate.
6.
Improve
scholarships, safe transport, retention support, skills development and fair employment practices.
7.
Ensure elected representatives and women
in public institutions can participate without intimidation.
8.
Use responsible data practices that reveal
overlapping disadvantage while protecting privacy.
9.
Consult
Dalit women and other marginalised groups in designing, implementing and evaluating policies.
10.
Support further research to identify
regional differences, barriers and the effects of reforms.
1.8
Conclusion
Intersectionality provides
a useful framework for understanding caste
and gender discrimination in India. It recognises that social identities and
systems of power interact, and that the experiences of marginalised women may not be fully understood by considering caste or gender separately. Caste hierarchy, patriarchal norms, economic insecurity and
institutional practices can influence access to education, employment, public
services, political participation and justice.
The Constitution
establishes a strong foundation for equality and social justice. Articles 14
and 15 protect equality and prohibit
specified forms of discrimination; Article
17 abolishes untouchability; and Article 21 protects life and personal liberty,
including dignity. Affirmative-action provisions and special legislation seek
to address historical exclusion and specified forms of caste-based and
gender-based harm.
Formal legal protection
alone cannot guarantee substantive equality. Underreporting, fear of
retaliation, social pressure, economic dependence, lack of awareness,
institutional bias and delays can limit the practical impact of the law. A
person facing intersecting forms of discrimination may have to navigate
multiple procedures and institutions while dealing with unequal access to
resources.
An intersectional
approach helps authorities identify the full context of discrimination and
evaluate whether remedies are effective. It does not replace legal standards; it helps explain
how they operate
in real situations and where
implementation may fail. Policies should consider differences within groups and
avoid assuming that all members experience the same barriers.
Improved legal literacy, trained
officials, effective legal aid, timely investigation, stronger
implementation, fair access to education and employment, and meaningful
political representation are important steps towards substantive equality.
Affected communities should participate in developing and evaluating policies.
In conclusion, caste
and gender discrimination must be addressed as connected social and legal concerns.
A fair society requires not only equal rights on paper but also the conditions
necessary to exercise those rights without fear, humiliation or exclusion.
REFERENCES
BOOKS AND ACADEMIC WORKS
1.
Ambedkar, B.R., Annihilation of Caste (1936).
2.
Chakravarti, Uma, Gendering Caste: Through a Feminist Lens (Stree 2003).
3.
Crenshaw, Kimberlé, 'Demarginalizing the
Intersection of Race and Sex: A Black Feminist Critique of Antidiscrimination Doctrine, Feminist Theory and Antiracist Politics,' 1989 University of Chicago Legal
Forum 139.
4.
Crenshaw,
Kimberlé, 'Mapping the Margins: Intersectionality, Identity Politics, and Violence Against
Women of Color,' 43 Stanford
Law Review 1241 (1991).
5.
Rege, Sharmila, Writing Caste/Writing Gender: Narrating Dalit Women's Testimonios (Zubaan
2006).
6.
Phule, Jyotirao, Slavery (originally published 1873; various editions).
STATUTES AND CONSTITUTIONAL MATERIALS
1.
Constitution of India, 1950.
2.
Protection of Civil Rights Act, 1955.
3.
Scheduled Castes and Scheduled Tribes
(Prevention of Atrocities) Act, 1989.
4.
Protection of Women from Domestic Violence
Act, 2005.
5.
Right of Children to Free and Compulsory
Education Act, 2009.
6.
Sexual Harassment of Women at Workplace
(Prevention, Prohibition and Redressal) Act, 2013.
TABLE OF CASES
1.
State of Karnataka v. Appa Balu Ingale,
(1995) 2 SCC 273.
2.
Indra Sawhney v. Union of India, 1992 Supp
(3) SCC 217.
3.
Vishaka v. State of Rajasthan, (1997) 6
SCC 241.
4.
Safai Karamchari Andolan v. Union of
India, (2014) 11 SCC 224.
5.
Navtej Singh Johar v. Union of India,
(2018) 10 SCC 1.
6.
Patricia Mukhim v. State of Meghalaya,
(2021) 15 SCC 35.
INTERNATIONAL MATERIALS AND ONLINE SOURCES
1.
Universal Declaration of Human Rights, 1948.
2.
Convention on the Elimination of All Forms
of Discrimination against Women, 1979.
3.
International Convention on the
Elimination of All Forms of Racial Discrimination, 1965.
4.
India Code, Government of India: https://www.indiacode.nic.in/
5.
Supreme Court of India: https://www.sci.gov.in/
6.
National Commission for Scheduled Castes: https://ncsc.nic.in/
7.
National Commission for Women: https://www.ncw.gov.in/
8.
Ministry of Social Justice and
Empowerment: https://socialjustice.gov.in/
9.
United Nations: https://www.un.org/; UN Women: https://www.unwomen.org/
How to Cite This Article
MOHAMED RASIK.S, A STUDY ON INTERSECTIONALITY: CASTE AND GENDER DISCRIMINATION IN INDIA., White Black Legal – International Law Journal, ISSN: 2581-8503, Vol. Volume 4, Issue VOLUME 4 ISSUE 2, October 2026, pp. 1311-1329. Available at: https://www.whiteblacklegal.co.in/details/a-study-on-intersectionality-caste-and-gender-discrimination-in-india
Author & Publication Record
Authors: MOHAMED RASIK.S
Registration ID: 107210 | Published Paper ID: WBL7210
Year: Oct- 2026 | Volume: 4 | Issue: 2
Approved ISSN: 2581-8503 | Country: Delhi, India
Page No.: 1311-1329
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