BREAKING BARRIERS

AN INTERSECTIONAL ANALYSIS OF LGBTQ+ EDUCATIONAL RIGHTS AND RESERVATION POLICIES IN INDIA THROUGH AMBEDKARITE LENS

Authors

  • Himanshu Vashistha Guru Gobind Singh Indraprastha University image/svg+xml Author

Keywords:

Intersectionality, LGBTQ+ Educational Rights, Transgender Rights, Reservation Policies, Ambedkarite Theory, NALSA v. Union of India (2014), Transgender Persons (Protection of Rights) Act, 2019, Caste–Gender Intersection, Horizontal Reservation, Educational Inequality

Abstract

This research investigates the complex intersection of gender identity, caste and access to education inside India’s reservation system, especially focusing on the experiences of Dalit transgender persons. Employing Intersectionality theory and building upon Ambedkar's critique of caste hierarchy, the study analyzes how transgender individuals from Scheduled Castes (SC), Scheduled Tribes (ST), and Other Backward Classes (OBC) endure increased marginalization that is not sufficiently addressed by the existing legal and policy frameworks in place. The study shows that despite the legal recognition through NALSA v. Union of India (2014) and the Transgender Persons (Protection of Rights) Act 2019, implementation gaps continue, especially with relation to horizontal reservation policies that can address intersectional identities. Census data suggests that about 23% of transgender population in India belongs to historically under-represented caste and tribal backgrounds, yet their literacy rates remain far lower than the national average. This study critically evaluates the limited engagement of National Education Policy 2020's with transgender-specific concerns and argues for comprehensive policy reforms that acknowledge the multiplicity of identities in the transgender community. Following an Ambedkarite structure, the study reveals how the fight for the rights of transgender parallels anti-caste movements, both challenging systems that control identity and perpetuate exclusion. The research concludes that for true liberation there is need to go beyond politics of singular identity towards the transformative coalition-building that comprehensively addresses structural inequalities.

Author Biography

  • Himanshu Vashistha, Guru Gobind Singh Indraprastha University

    PhD Scholar, University School of Law and Legal Studies, Guru Gobind Singh Indraprastha University,
    Delhi

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Published

2023-04-01

How to Cite

BREAKING BARRIERS: AN INTERSECTIONAL ANALYSIS OF LGBTQ+ EDUCATIONAL RIGHTS AND RESERVATION POLICIES IN INDIA THROUGH AMBEDKARITE LENS. (2023). Delhi Journal of Contemporary Law, 6, 135-156. https://dup.du.ac.in/index.php/DJCL/article/view/281