Claiming Intersectionality To Unmute The Converging Realities Of Caste, Gender, And Disability

Shrestha Datta
DOI:

Abstract

When caste, gender, and disability all cross paths in one single body, it leads to a heightened cumulative vulnerability in society. This article interrogates the long-neglected question by revealing the structural silences of Indian constitutionalism and statutory laws in force, which continue to perceive these identities as discrete categories or in silos rather than interlocking systems of oppression. For the disabled Dalit, Adivasi, and other lower-caste women sitting at the crosshead of interlocking and ableist exclusion, this fragmented and isolated constitutionalism produces a profound jurisprudential invisibility. Empirical studies, parliamentary and doctrinal data, and international human rights discussions expose how lower-caste women with disabilities are rendered legally invisible – excluded by regimes that categorise and compartmentalise different forms of discrimination, thereby erasing or rather ignoring the compounded forms of discrimination. This article argues that the single-axis limitations evident in the wording of the Indian laws fail to account for the lived experiences of these women at the margins. Therefore, it exposes systemic gaps in law enforcement, data collection, survey design, and policymaking that perpetuate this invisibility. This article goes on to recognise 2 significant drawbacks. First, the absence of compounded data, second, the misinterpretation of the word “only” in statutes, and similar other linguistic gaps. Adopting a doctrinal and analytical methodology, and drawing on international frameworks such as the UNCRPD, CEDAW, and the OHCHR Guidance on intersectionality, the paper examines constitutional provisions, statutory laws, judicial decisions and empirical studies to argue for a transformative reinterpretation and calls for a paradigm shift to address cumulative harm and ensure that the most marginalized are seen, heard, and entitled to the same protection as every other person.

Keywords

Intersectionality, Gender, Caste, Disability, Invisibility