Intersectional Discrimination and the Crisis of Formal Equality in Indian Constitutional Jurisprudence: A Substantive Equality Perspective

Abstract

The concept of intersectional discrimination exposes the inherent limitations of formal equality frameworks that address discrimination through isolated and compartmentalized identity categories. Individuals situated at the intersection of multiple social identities such as gender, caste, class, disability and race experience forms of exclusion that are cumulative, structural and qualitatively distinct from single axis discrimination. This paper conceptualizes intersectional discrimination as a manifestation of systemic inequality rooted in historical disadvantage and entrenched power hierarchies, which formal equality doctrines fail to capture. Drawing upon Kimberlé Crenshaw’s theory of intersectionality, feminist legal theory, critical race theory and the anti-subordination principle, the paper critiques the dominant legal emphasis on neutrality and sameness in equality jurisprudence. It argues that such an approach obscure lived realities of compounded disadvantage and results in the erasure of intersectional harms within legal adjudication. In the Indian constitutional context, this failure is particularly evident in the application of Articles 14, 15 and 21, where judicial reasoning often isolates grounds of discrimination, thereby denying effective protection to individuals facing intersecting forms of oppression. Through a doctrinal and constitutional analysis, the paper demonstrates how existing legal frameworks inadequately address intersectional discrimination and perpetuate structural exclusion. It advances the argument that a substantive and transformative conception of equality grounded in anti-subordination and contextual adjudication is essential for meaningful constitutional protection. The paper ultimately contends that recognizing intersectionality is not merely a theoretical refinement but a constitutional necessity for achieving inclusive justice in law and public policy.