In the years since independence, the Indian subcontinent has
witnessed an alarming rise in violence against marginalized
communities, with an increasing number of groups pushed to the
margins of the democratic order. Against this background of
violence, injustice and the abuse of rights, this book explores the
critical, 'insurgent' possibilities of constitutionalism as a means
of revitalising the concepts of non-discrimination and liberty, and
of reimagining democratic citizenship. The book argues that the
breaking down of discrimination in constitutional interpretation
and the narrowing of the field of liberty in law deepen
discriminatory ideologies and practices. Instead, it offers an
intersectional approach to jurisprudence as a means of enabling the
law to address the problem of discrimination along multiple,
intersecting axes. The argument is developed in the context of the
various grounds of discrimination mentioned in the constitution --
caste, tribe, religious minorities, women, sexual minorities, and
disability.The study draws on a rich body of materials, including
official reports, case law and historical records, and uses
insights from social theory, anthropology, literary and historical
studies and constitutional jurisprudence to offer a new reading of
non-discrimination. This book will be useful to those interested in
law, sociology, gender studies, politics, constitutionalism,
disability studies, human rights, social exclusion, etc.
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