A Comparative analysis of Intersectionality under Discrimination Law in the Light of Vulnerability Theory as a Post-Identity Approach

Authors

  • Shwetank Sharma Amity Law School, Noida, India

DOI:

https://doi.org/10.12728/culj.12.1

Keywords:

Discrimination, Equality, Identity, Intersectionality, Vulnerability

Abstract

In spite of the presence of intersectionality as a concept in feminist literature for over twenty-five years, the State Policy, across the world, has been ignorant towards the interplay of identities and its role in the discrimination law jurisprudence. This article claims that a legitimate accommodation of a multi-ground claim under the Right to Equality regime, present in various legal systems, shall be a purposive step towards substantive equality. The article also highlights certain frailties associated with Intersectionality and introduces the age-old dilemma surrounding the formulation of State Policy, as to whether it should be ―identity-neutral‖ like anti-classification principle, or ―identity-sensitive‖ like intersectionality itself. The article also introduces the vulnerability theory proposed by Martha Fineman, as a post identity approach. The final analysis, explains how the two theories can coexist so that the State Policy can move towards substantive equality, and thus, mitigate the horrors of discrimination.

Author Biography

Shwetank Sharma, Amity Law School, Noida, India

In spite of the presence of intersectionality as a concept in feminist literature for over twenty-five years, the State Policy, across the world, has been ignorant towards the interplay of identities and its role in the discrimination law jurisprudence. This article claims that a legitimate accommodation of a multi-ground claim under the Right to Equality regime, present in various legal systems, shall be a purposive step towards substantive equality. The article also highlights certain frailties associated with Intersectionality and introduces the age-old dilemma surrounding the formulation of State Policy, as to whether it should be ―identity-neutral‖ like anti-classification principle, or ―identity-sensitive‖ like intersectionality itself. The article also introduces the vulnerability theory proposed by Martha Fineman, as a post identity approach. The final analysis, explains how the two theories can coexist so that the State Policy can move towards substantive equality, and thus, mitigate the horrors of discrimination.

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Published

2018-01-01