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The Preamble's dignity commitment requires addressing intersectional discrimination (compounded disadvantage based on multiple identities like caste + gender + disability). Which constitutional approach best operationalizes this?
- Treating all discrimination claims identically regardless of identity
- Recognizing compounded disadvantage and tailoring remedies to address layered inequalities
- Focusing only on economic disadvantage, ignoring social, cultural dimensions
- Deferring to social customs regardless of constitutional values
Answer: Recognizing compounded disadvantage and tailoring remedies to address layered inequalities
Dignity and intersectional discrimination: (a) Intersectionality concept: Individuals may face compounded disadvantage based on multiple, intersecting identities (e.g., Dalit woman faces caste + gender discrimination; disabled tribal person faces disability + tribal + economic disadvantage), (b) Preamble's dignity foundation: Dignity requires recognizing and remedying structural inequalities; formal equality insufficient if historical, social barriers persist, (c) Constitutional operationalization: (i) Article 15(3): State can make special provisions for women, children - enables gender-sensitive affirmative action, (ii) Article 15(4), 16(4): Reservation for SC/ST/OBC - enables caste-sensitive affirmative action, (iii) Rights of Persons with Disabilities Act, 2016: Recognizes disability as ground for affirmative action, reasonable accommodation, (d) Applications: (i) NALSA (2014): Recognized transgender persons as third gender, directed reservation, welfare measures addressing compounded discrimination, (ii) Sub-classification within SCs (Davinder Singh, 2024): Enables targeting benefits to most marginalized sub-groups within reserved categories, (iii) Gender-budgeting, caste-disaggregated data: Enable targeted policies addressing intersectional disadvantage, (e) Illustrates substantive dignity: Preamble's dignity commitment operationalized through intersectional approach; balance between universal rights and targeted remedies essential for realizing dignity for all, especially most marginalized.