- Research/Scholar Paper name – “Revisiting Article 15(1): The Prevailing Intersectional Discrimination and Plight of Women in India”
- Author: Anoushka Gahilot
- Institution: ILS Law College
- Affiliation: Centre for Study of Contemporary Legal Issues
- Date of Publication: 19/04/2021
India not only houses a diverse population with varying cultures and traditions, but also brings with it varying obsolete norms and social stereotypes with adherence to concepts like hierarchy, class divisions, patriarchy, and so on. The differential treatment meted out due to such classifications intertwines at different levels to cause a very complex discrimination system. A large part of the population is found to be targets of such complex levels of exclusion; women being one of the primary victims. This discrimination is meted out on the basis of interconnection between sex and caste, religion and other disabilities of persons. In such situations, it is the duty of our Constitution to recognize and acknowledge not only single-ground discrimination but that even on multiple grounds. Only then can it guarantee rights and safeguards to the vulnerable, to cater to their needs. Although such complex levels of exclusion have been prevailing in the country for decades, the concept of intersectionality is a rather less explored concern by the Indian judiciary, who has been oblivious to such prevailing circumstances. However, its importance is of great pertinence in our society today and the evolving and liberal approach adopted by the Constitution garners attention to this neglected concept. Re-examination of Article 15(1) on the Constitution shall enable the development of an insight into this concern and recognize and grant such rights for a more progressive society. This re-examination may be carried out by analysing the socio-cultural scenario in the country followed by the rationale behind the judgements given by the Indian Courts. A deeper understanding of this concept and societal attitudes shall enable us to view discrimination through a better lens, with greater insight and a new approach, much needed for the people and society likewise.