Beyond Identity: Legal Order, Social Constructs, and Tribal Women’s Role in Governance in India through the Intersectionality Framework
DOI:
https://doi.org/10.62656/JNIDS.v2i2.33Keywords:
legal order, social construct, tribal women, governance, intersectionalityAbstract
A nation cannot claim a dignified place in the community of nations without the substantive, practical, and meaningful participation of its most marginalised groups—particularly tribal women. As Amartya Sen aptly observes, “development is freedom,” yet such freedom remains incomplete when entire sections of society are excluded from governance and decision-making (Sen, 1999). Therefore, the discourse on development and justice must be critically examined from a bottom-up perspective, foregrounding those whose voices have historically been silenced. In the Indian context, the nation’s developmental trajectory and its prospects are inextricably linked to locating the role of tribal women within governance structures, and to understanding how their gendered roles and identities are constructed through both legal orders and social constructs.
This paper argues that tribal women’s identities are shaped not merely by biological distinctions but by a complex interplay of historical, social, legal, cultural, and geographical factors. As legal scholar Sally Engle Merry reminds us, “law is not simply imposed from above but is negotiated, reinterpreted, and redefined in everyday life” (Merry, 1992), highlighting the dynamic ways tribal women navigate governance. Any genuine attempt to theorise their active and transformative role requires an in-depth exploration of these intersecting factors.
To achieve this, the paper adopts an intersectionality framework—a concept introduced by Kimberlé Crenshaw, who defines it as the recognition of “the interconnected nature of social categorisations such as race, class, and gender” that produce “overlapping and interdependent systems of disadvantage” (Crenshaw, 1989). This lens enables a nuanced analysis of how multiple identities and structural forces shape the lived realities of tribal women, and why their constructive participation is indispensable for inclusive governance and equitable development in 21st-century India. The framework offers an evaluative scope broad enough to examine the layered dimensions of tribal women’s roles, highlighting the urgency of dismantling systemic barriers that impede their agency.
References
Agarwal, B. (2018). Gender equality, food security and the environment: Policy and practice. Environmental Science & Policy, 86, 1–9. https://doi.org/10.1016/j.envsci.2018.05.014
Banerjee, S. (2021). Tribal women and development: A critical analysis of policy and practice in India. Routledge.
Baviskar, A. (2019). Tribal communities and the politics of self-governance in India. Oxford University Press.
Berger, M. T., & Guidroz, K. (2010). The intersectional approach: Transforming the academy through race, class and gender. University of North Carolina Press. https://www.jstor.org/stable/10.5149/9780807895566_berger
Collins, P. H., & Bilge, S. (2016). Intersectionality. Polity Press.
Crenshaw, K. (1989). Demarginalizing the intersection of race and sex: A Black feminist critique of antidiscrimination doctrine, feminist theory and antiracist politics. University of Chicago Legal Forum, 1989(1), 139–167.
Crenshaw, K. (1991). Mapping the margins: Intersectionality, identity politics, and violence against women of colour. Stanford Law Review, 43(6), 1241–1299. https://doi.org/10.2307/1229039
Galanter, M. (1981). Justice in many rooms: Courts, private ordering, and indigenous law. The Journal of Legal Pluralism and Unofficial Law, 13(19), 1–47. https://doi.org/10.1080/07329113.1981.10756257
Galanter, M., & Dhawan, R. (1989). Law and society in modern India. Oxford University Press.
Kabeer, N. (2016). Gender equality, economic growth, and women’s agency: The “endless variety” and “monotonous similarity” of patriarchal constraints. Feminist Economics, 22(1), 295–321. https://doi.org/10.1080/13545701.2015.1090009
Kothari, A., & Bajpai, S. (2021). Indigenous women and climate resilience: Pathways to sustainability. Journal of Environmental Policy and Planning, 23(6), 789–805. https://doi.org/10.1080/1523908X.2021.1901350
McCallum, M. J. L. (2014). Indigenous women, work and history: 1940–1980. University of Manitoba Press.
McCallum, M. (2014). Gender equality and the law: Socio-legal perspectives. Cambridge University Press.
Roy, E. L. (1990). Juristique et anthropologie. Journal of Legal Pluralism and Unofficial Law. https://doi.org/10.1080/07329113.1990.10756415
Sen, A. (1999). Development as freedom. Anchor Books.
Sen, A. (2009). The idea of justice. Allen Lane.
Sen, A. (2013). An uncertain glory: India and its contradictions. Penguin India.
Sharma, R. (2020). Women’s rights and customary law: The case of tribal governance in India. Indian Journal of Gender Studies, 27(2), 241–261. https://doi.org/10.1177/0971521520923145
Smith, L. T. (1999). Decolonising methodologies: Research and indigenous peoples. Zed Books.
UN Women. (2022). Gender equality and climate change. https://www.unwomen.org/en/digital-library/publications/2022/03/gender-equality-and-climate-change
Wollstonecraft, M. (2023). A vindication of the rights of woman. Maven Books.
Xaxa, V. (2005). Politics of language, religion and identity: Tribes in India. Economic and Political Weekly, 40(13), 1363–1370.
