Ujjwal Kumar Das, Gujarat National Law University, Silvassa Campus
ABSTRACT
This research paper explores the application of Critical Race Theory (CRT) in addressing intersections of race with other social categories within legal discourse. By examining CRT’s foundational principles, such as Derrick Bell’s theory of interest convergence and Kimberlé Crenshaw’s concept of intersectionality, the study highlights how legal systems often overlook complex, intersecting identities that result in layered forms of discrimination. Through case analyses and hypothetical scenarios, the paper demonstrates how CRT critiques the perceived neutrality of law, exposing biases in policies that uphold systemic inequalities. Additionally, the research emphasises CRT’s potential in promoting a more inclusive legal framework that accounts for overlapping identities, such as race, gender, and class, particularly within the Indian context. This paper advocates for a legal approach that recognises the compounded experiences of marginalised groups to achieve substantive justice.
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