Baudh, Sumit (2021) Demarginalizing the intersection of caste, class, and sex. Journal of Human Rights, 20 (1). pp. 127-142. ISSN 14754835
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Abstract
This article examines two decisions of the Supreme Court of India: Vishaka v. State of Rajasthan, which formulated a set of directives for the prevention of sexual harassment of women at workplaces; and the National Legal Services Authority v. Union of India, which recognized “third gender” persons and directed the state to provide them with affirmative action. Within a wider application of human rights and fundamental rights that are guaranteed in the Constitution of India, both these court decisions relied on a nondiscrimination category of sex. This article recovers the underpinnings of caste and class that are latent, obscure, and omitted in these decisions. The conceptual framework of “intersectionality” is useful in making this recovery, and for showing the application of intersectional approaches toward more transformative formulations of law reform and judicial outcomes.
Item Type: | Article |
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Keywords: | Supreme Court of India: Vishaka v. State of Rajasthan | National Legal Services Authority v. Union of India | Third gender |
Subjects: | Social Sciences and humanities > Social Sciences > Gender Studies Social Sciences and humanities > Social Sciences > Law and Legal Studies |
JGU School/Centre: | Jindal Global Law School |
Depositing User: | Mr. Syed Anas |
Date Deposited: | 23 Dec 2021 11:46 |
Last Modified: | 04 Jan 2022 18:18 |
Official URL: | https://doi.org/10.1080/14754835.2020.1858402 |
Additional Information: | The author is grateful for the research assistance provided by Jwalika Balaji and for all comments and inputs received from the editorial team, two anonymized reviewers, and guest editors Dipika Jain and Debanuj Dasgupta. |
URI: | https://pure.jgu.edu.in/id/eprint/363 |
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