4.2 Intersectionality

It is essential to view the experience of a survivor of online gender-based violence (OGBV) from an intersectional lens – identifying the multiple forces of oppression that co-constituted her/their experience – in order to effectively address the injustice against them and provide a remedy. Therefore, this module introduces and explains the concept of intersectionality. The module shows how gender intersects with other identity markers like caste, religion, race, and sexual orientation to shape a person’s online experience and, consequently, the nature of online violence they face. The objective of this module is to help judges, lawyers, and law enforcement officials develop a sensitivity to identify the intersectional nature of violence in a case of OGBV, apply the appropriate laws and invoke all available remedies entitled to the survivor under the law.

4.2.1 What is Intersectionality?

Intersectionality is a concept that evolved in the United States during the 1970s and ‘80s, challenging the exclusionary tendencies of feminist activism in the country, which was dominated by white women and sidelined the experiences of racial and sexual minorities.1Crenshaw, 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), pp. 139-167. The framework helps understand how multiple inequalities or disadvantages act simultaneously and interconnectedly to amplify discrimination.2Crenshaw, 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), pp. 139-167. Intersectionality posits disadvantages along multiple social categories, such as gender, race, religion, caste, etc., which “not only add up, but overlap, mutually reinforce, intertwine, and co-constitute each other in specific historical and geopolitical contexts”.3Ruppert, U., Scheiterbauer, T., & Lutz, H. (2020). Feminisms of the Global South: Critical Thinking and Collective Struggles: An Introduction. European Journal of Women’s Studies, 27(4), pp. 329–332. For instance, a woman belonging to an oppressed caste, because of overlapping inequalities arising out of gender and caste, faces far more severe marginalization than a woman belonging to an oppressor caste or a man belonging to the same oppressed caste. In short, intersectionality argues that the experiences of no two persons can be considered equal without considering the positions of the other markers of their identity.4Crenshaw, 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), pp. 139-167.

As in the US, intersectionality took root in the space of feminist activism in India before spreading to other fields. Organized feminist activism in the country, termed the ‘Indian Women’s Movement’ (IWM), gained prominence in the 1970s.5Sen, R. (2014). Mapping Women’s Activism in India: Resistances, Reforms and (Re)-Creation In Leela Fernandes (Ed.), Routledge Handbook of Gender in South Asia pp. 380-393. Routledge. It played a huge role in bringing public attention to cases of sexual violence and driving the recognition that sexual harassment is used as a tool to oppress women.6Sen, R. (2014). Mapping Women’s Activism in India: Resistances, Reforms and (Re)-Creation In Leela Fernandes (Ed.), Routledge Handbook of Gender in South Asia pp. 380-393. Routledge. However, as in Western activism, which was dominated by white women, early feminist activism in India was led by women belonging to oppressor castes. As such, the movement has been criticized for “its blindness to the sexual politics of caste”.7Kurian, A. (2017). Decolonizing the Body: Theoretical Imaginings on the Fourth Wave Feminism in India In Kurian, A. & Jha, S. (Ed.), New Feminisms in South Asia : Disrupting the Discourse through Social Media, Film, and Literature. pp. 15-41. Routledge, Taylor & Francis Group. The situation improved with the rise of Dalit feminist scholarship that shone a light on the masculinization of the Dalit and the savarnization of women in the caste and feminist scholarship, respectively. They urged the women’s movement to acknowledge the heterogeneity and contradiction within the lived experience of women who straddle multiple identities of caste, class, race, ethnicity, and religion.8Banerjee, S., & Ghosh, N. (2018). Introduction. Debating Intersectionalities: Challenges for a Methodological Framework. South Asia Multidisciplinary Academic Journal [Preprint], (19). doi:10.4000/samaj.4745. They warned against collapsing women’s marginalities into a general class category.

The recognition of intersectionality among feminist activists in the country further increased with the 1992 case of Bhanwari Devi,9Vishaka & Ors. v. State of Rajasthan & Ors (1997) (6 SCC 241), judgment dated 13 August 1997. an oppressed caste woman who was raped by men belonging to oppressor castes for her social work against child marriage.10Subramanian, S. (2015). From the Streets to the Web: Looking at Feminist Activism on Social Media. Economic and Political Weekly, 50(17), pp. 71-78. A lower court acquitted the accused in the Bhanwari Devi case on the grounds that it was implausible that oppressor caste men would rape an oppressed caste woman because of the possibility of “caste-based pollution”, i.e., a religious belief that an oppressor caste person will be polluted by the touch of or interaction with a person from the oppressed caste, in part due to the occupation that the latter were, and in some cases still are, engaged in, like manual removal of feces or handling of animal corpses.11Aktor, M. (2002). Rules Of Untouchability In Ancient And Medieval Law Books: House-Holders, Competence, And Inauspiciousness. International Journal of Hindu Studies, 6(3), pp. 243–274. The verdict led to widespread protests in the country, which triggered the growth of intersectional and, particularly, Dalit feminist standpoints in the country.12Sen, R. (2014). Mapping Women’s Activism in India: Resistances, Reforms and (Re)-Creation In Leela Fernandes (Ed.), Routledge Handbook of Gender in South Asia (pp. 380-393). Routledge. Another factor that influenced the growth of intersectionality in the country was the liberalization of India’s economy in the early 1990s. Liberalization led to the entry of several international NGOs focusing on women’s rights into the economy. Many of these NGOs were funded by the West and UN agencies that pushed the concept of intersectionality as part of their funding agenda.13Menon, N. (2015). “Is Feminism about “Women”? A Critical View on Intersectionality from India. Economic and Political Weekly, 50(17), pp. 37–44.

While in the earlier years of intersectional feminism in India, much of the focus was on caste- and gender-based inequalities, over the years, the concept led to the recognition of several identity markers that co-determine a person’s social location and overlap to further disadvantage them. In recent years, scholars have argued that an intersectional approach is necessary to understand online gender-based violence (OGBV) more holistically.14Allen, A. (2022). An Intersectional Lens on Online Gender-Based Violence and the Digital Services Act. VerfBlog. https://verfassungsblog.de/dsa-intersectional/ Therefore, this module seeks to highlight how gender intersects with different identity markers to exacerbate the experience of OGBV and what the law enforcement and judiciary can do to address this intersectional experience.

4.2.2 OGBV at the Intersections - Gender

To examine online gender-based violence (OGBV), or for that matter, any form of gender-based violence (GBV), it is necessary to first examine the concept of gender. The terms sex and gender are often mistakenly used interchangeably in reference to the biological identity of a person. However, whereas the term sex refers to the “different biological and physiological characteristics such as reproductive organs, chromosomes, hormones”, gender is "the socially constructed characteristics of women and men – such as norms, roles and relationships of and between groups of women and men”.15World Health Organization. (n.d.). Gender and Health. https://www.who.int/news-room/questions-and-answers/item/gender-and-health; Council of Europe. (n.d). Sex and Gender. https://www.coe.int/en/web/gender-matters/sex-and-gender For instance, a person born with male sex organs would be expected by society to behave in a masculine manner. Biological males who deviate from masculine norms and exhibit characteristics that are stereotypically attributed to women, like exhibiting an interest in clothes and jewelry on social media, are often subjected to trolling and verbal abuse using, more often than not, homophobic slurs.16Felmlee, D., Inara Rodis, P., & Zhang, A. (2020). Sexist Slurs: Reinforcing Feminine Stereotypes Online. Sex Roles, 83, pp. 16–28. https://doi.org/10.1007/s11199-019-01095-z This rigidly established gender binary and the dominance of heteronormativity in society has led to a state where persons who do not conform to these narrowly defined ideals are easy targets for abusers and trolls. The stigma and ridicule faced by such persons are intensified and exacerbated online.

Research finds that persons who don't identify with their gender, face greater cyberbullying than people who conform to heteronormativity.17Abreu, R.L., & Kenny M.C. (2017). Cyberbullying and LGBTQ Youth: A Systematic Literature Review and Recommendations for Prevention and Intervention. Journal of Child and Adolescent Trauma, 11, pp. 81-97. A recent case in Kerala, where a trans-man died by suicide, allegedly after fake news about their personal life was spread on Facebook and other social media sites, is a case in point.18Staff. (2023). Kerala's First Transgender Bodybuilder Praveen Nath Dies By Suicide. OnManorama. https://www.onmanorama.com/news/kerala/2023/05/04/malayali-transgender-body-builder-praveen-nath-dies.html Transgender persons also face harassment and abuse on other social platforms, such as dating apps, which have poor data governance models that make it easier for abusers to target marginalized populations.19Singh, P. (2021). Inclusion Welcome, But LGBTQIA+ Users’ Online Dating Experiences Marred by Harassment, Transphobia & Privacy Risks. Feminism in India. https://feminisminindia.com/2021/04/14/dating-apps-harassment-transphobia-privacy-risks/

In conclusion, gender is a major identity marker that shapes a person’s experience of OGBV, especially for those who identify beyond the gender binary. However the online experience of a person is not shaped by gender alone; it intersects with other social identity markers like caste, race, religion, sexual orientation, etc. to produce a unique experience of marginality.

4.2.2.1 Gender and sexual orientation

Research shows that persons who do not conform to heteronormativity, such as gay, lesbian, bisexual, pansexual, and asexual persons, among others (LGBTQI+), endure more cyberbullying than those identifying as heterosexual.20Gurumurthy, A., Vasudevan, A., & Chami, N. (2019). Born Digital Born Free? A Socio-Legal Study On Young Women’s Experiences Of Online Violence In South India. IT for Change. https://itforchange.net/sites/default/files/1618/Born-Digital_Born-Free_SynthesisReport.pdf  Studies show that cyberbullying by school students of their peers who identify as LGBTQI+ has become a serious issue in recent years. Several youngsters admit to being subjected to abusive messages and slurs, such as “faggots”,21Faggot is an extremely offensive word to refer to a gay person. See, Oxford Learner’s Dictionary. https://www.oxfordlearnersdictionaries.com/definition/english/faggot . by their peers on social media once their sexual orientation is revealed, irrespective of whether the school has anti-discriminatory rules in place.22Varjas, K., Meyers, J., & Kiperman, S. (2013). Technology Hurts? Lesbian, Gay, and Bisexual Youth Perspectives of Technology and Cyberbullying. Journal of School Violence, 12(1), pp. 27-44. Research also indicates that adolescents who battle mental health issues are often subjected to more cyberbullying than others, which leads to further deterioration of their mental health. Considering that many LGBTQI+ youngsters battle such issues, especially in the years they begin to question their identity, cyberbullying and issues like depression form a vicious cycle.23Abreu, R.L., & Kenny M.C. (2017). Cyberbullying and LGBTQ Youth: A Systematic Literature Review and Recommendations for Prevention and Intervention. Journal of Child and Adolescent Trauma, 11, pp. 81-97.

The experience of OGBV is worse for lesbian or bisexual persons who identify as women, as they face two overlapping forms of oppression, namely, misogyny and homophobia.24EuroCentralasian Lesbian Community. (2021). Lesophobia An Intersectional Form of Violence. https://europeanlesbianconference.org/wp-content/uploads/2021/10/Lesbophobia-2.pdf They are subject to severely abusive trolling when they attempt to voice their opinions on online spaces. A 2019 survey found that one in every four female respondents identifying as lesbian or bisexual had received verbal abuse online.25 EuroCentralasian Lesbian Community. (2021). Lesophobia An Intersectional Form of Violence. https://europeanlesbianconference.org/wp-content/uploads/2021/10/Lesbophobia-2.pdf Further, lesbian people’s experiences of sexual violence are discredited, both on account of their gender and sexuality.26Lewis, R., Rowe, M., & Wiper, C. (2017). Online Abuse of Feminists as an Emerging Form of Violence against Women and Girls. British Journal of Criminology, 57(6), pp. 1462-1481.

Research shows that it is difficult to report crimes of this nature in India because of the stigma attached to homosexuality and especially to women who identify as homosexual.27Gurumurthy, A., Vasudevan, A., Chami, N., & Mahesh, S. (2019). Getting it Right Online - Young Women's Negotiations in the Face of Cyberviolence In Karnataka. IT for Change. https://itforchange.net/sites/default/files/add/Karnataka_Report_Righting-Gender-Wrongs.pdf In many cases of violence against women who identify as lesbian, the intersectional nature of the crime is absent or hidden from official discourses. This leads to a misrepresentation of such issues as GBV when they are, in fact, also based on sexual orientation.28EuroCentralasian Lesbian Community. (2021). Lesophobia An Intersectional Form of Violence. https://europeanlesbianconference.org/wp-content/uploads/2021/10/Lesbophobia-2.pdf

4.2.2.2 Gender and religion

In India, women belonging to minority religions often become targets of OGBV for reasons that are both sexist and communal.29Gurumurthy, A., & Dasarathy, A. (2022). Profitable Provocations: A Study of Abuse and Misogynistic Trolling on Twitter Directed at Indian Women in Public-political Life. IT for Change. https://itforchange.net/sites/default/files/2132/ITfC-Twitter-Report-Profitable-Provocations.pdf Muslim women who engage in discussions on politics and other matters, which are traditionally considered men’s business, on Twitter and other social media networks, face abusive and hateful comments.30Gurumurthy, A., & Dasarathy, A. (2022). Profitable Provocations: A Study of Abuse and Misogynistic Trolling on Twitter Directed at Indian Women in Public-political Life. IT for Change. https://itforchange.net/sites/default/files/2132/ITfC-Twitter-Report-Profitable-Provocations.pdf In line with the experiences of Muslim men, they are called “traitors” and told to “go to Pakistan”, but Muslim women are additionally called “whores” and policed for their clothes.31Gurumurthy, A., & Dasarathy, A. (2022). Profitable Provocations: A Study of Abuse and Misogynistic Trolling on Twitter Directed at Indian Women in Public-political Life. IT for Change. https://itforchange.net/sites/default/files/2132/ITfC-Twitter-Report-Profitable-Provocations.pdf This highlights the intersectional nature of the abuse that women are subjected to online – in this case, because of gender and religion. While online spaces are generally abusive towards women with strong opinions, such as politicians and journalists, Muslim women engaged in these professions are targets of far more vulgar hate messages. Muslim journalists like Rana Ayyub are sent private messages with sexualized comments, including rape and death threats.32Staff. (2017). Man Sacked After Rana Ayyub Posts His Abusive Messages on Twitter. The Wire. https://thewire.in/rights/rana-ayyub-bincy-lal-online-abuse-twitter

A recent example that demonstrates the overlapping and mutually reinforcing nature of misogyny and communal hatred was a Github-hosted app called Bulli Bai, which, in 2022, listed hundreds of Indian Muslim women for “auction” by using their personal information and photographs, sourced and altered without their permission.33Barthwal, A., & Shukla, S. (2022). ‘Bulli Bai’ and the Gendered Layers of the Objectification of Muslim Women. Feminism In India. https://feminisminindia.com/2022/01/24/bulli-bai-and-the-gendered-layers-of-the-objectification-of-muslim-women/ A year ago, many of the same women were targeted by another app called Sulli Deals,34Zubair, M., Sinha, P., & Chaudhari, P. (2021). 'Sulli Deals' and the Elaborate Ploy to Blame Muslim Youth for the Derogatory App. The Wire. https://thewire.in/communalism/sulli-deals-and-the-elaborate-ploy-to-blame-muslim-youth-for-the-derogatory-app which similarly put Indian Muslim women up for virtual auction. These instances highlight the simultaneously communal and sexualized hatred that Muslim women in India face. By commodifying Muslim women, such abuse seeks to shame them into submission, which makes the OGBV experienced by them unlike that experienced by women belonging to dominant religions.35Barthwal, A., & Shukla, S. (2022). ‘Bulli Bai’ and the Gendered Layers of the Objectification of Muslim Women. Feminism In India. https://feminisminindia.com/2022/01/24/bulli-bai-and-the-gendered-layers-of-the-objectification-of-muslim-women/ Moreover, the use of technology to execute intersectional abuse of this nature ensures quick dissemination and long-term repercussions.

4.2.2.3 Gender and caste

Casteism often intersects with misogyny when women belonging to oppressed castes engage in online discourses. Studies have observed that misogynistic comments received by women belonging to oppressed castes are almost always casteist.36Gurumurthy, A., Vasudevan, A., & Chami, N. (2019). Born Digital Born Free? A Socio-Legal Study On Young Women’s Experiences Of Online Violence In South India. IT for Change. https://itforchange.net/sites/default/files/1618/Born-Digital_Born-Free_SynthesisReport.pdf  For instance, while women belonging to oppressor castes receive rape threats, many women belonging to oppressed castes are told that they are 'too ugly' or 'impure to rape'.37Munusamy, K. (2018). Intersection Of Identities: Online Gender And Caste Based Violence. InDepth. https://www.genderit.org/articles/intersection-identities-online-gender-and-caste-based-violence Dalit women often face casteist insinuations and questioning of their merit and their credibility, and those occupying public offices are attacked with baseless allegations of corruption.38Gurumurthy, A., & Dasarathy, A. (2022). Profitable Provocations: A Study of Abuse and Misogynistic Trolling on Twitter Directed at Indian Women in Public-political Life.  IT for Change. https://itforchange.net/sites/default/files/1618/Born-Digital_Born-Free_SynthesisReport.pdf This highlights the need to recognize caste as a significant axis of power in shaping the nature of online misogyny in India.

A study of the caste dynamics of sexual violence in India reveals that such acts of violence, when wielded against women belonging to oppressed castes and indigenous communities, are “exercises of power”39Krishnan, M. (2018). Caste Dynamics Behind Sexual Violence in India. DW Asia. https://www.dw.com/en/caste-dynamics-behind-sexual-violence-in-india/a-43732012 that aim to put them in “their rightful place”. This is a common misogynistic rhetoric employed against all women who defy societal norms, but acquires an added layer when the targeted person is a woman belonging to an oppressed community.40Nagaraj, A. (2020). India's Low-Caste Women Raped to Keep them 'in their Place'. Reuters.  https://www.reuters.com/article/us-india-rape-caste-idUSKBN28509J In their case, the “rightful place” is beneath the status afforded to other women. Needless to say, such inequalities and hierarchies are reproduced online.

Recently, a journalist who used her Twitter profile to bring attention to caste-based violence was targeted by politically motivated trolls41Online Desk. (2023). Women's Group Calls out DMK and BJP Supporters' Harassment of Dalit Activist Shalin Maria Lawrence. The New Indian Express. https://www.newindianexpress.com/states/tamil-nadu/2023/mar/14/womens-groupcalls-out-dmk-and-bjp-supporters-harassment-of-dalit-activist-shalin-maria-lawrence-2555996.html who resorted to casteist slurs and body shaming, among other abusive content, to undermine her opinions and shame her into silence.42The Network of Women in Media, India. (2023). NWMI Condemns Targeted Harassment of Dalit Writer and Activist Shalin Maria Lawrence. https://nwmindia.org/statements/nwmi-condemns-targeted-harassment-of-dalit-writer-and-activist-shalin-maria-lawrence/ Trolls similarly targeted writer Meena Kandaswamy following an article she wrote about the relevance of social reformer and the father of the Dravidian movement, Periyar EV Ramasamy, in the present day.43The Network of Women in Media, India. (2021). Stop Online Abuse of Writer-Activist Meena Kandasamy. https://nwmindia.org/statements/stop-online-abuse-of-writer-activist-meena-kandasamy/ Among other things, Kandaswamy was harassed for her caste location and misrepresented as a woman who filed a fake dowry case against her husband to “extort” money from him.44The Network of Women in Media, India. (2021). Stop Online Abuse of Writer-Activist Meena Kandasamy. https://nwmindia.org/statements/stop-online-abuse-of-writer-activist-meena-kandasamy/ Such attempts to character assassinate a woman is neither uncommon nor new,45The Network of Women in Media, India. (2021). Stop Online Abuse of Writer-Activist Meena Kandasamy. https://nwmindia.org/statements/stop-online-abuse-of-writer-activist-meena-kandasamy/ but in instances like these, that lie at the intersections of gender and caste, the motivations behind the abuse are dual and, therefore, more malicious.

4.2.2.4 Gender and race

While racial aspects of GBV are usually ignored or hidden in India, an intersectional perspective reveals that race is a common marker that motivates violence against women. According to Romila Thapar, the major races in India are Aryan, Dravidian, and Mongoloid, which have been concentrated, historically, in the Northern, Southern, and Northeastern parts of the country, respectively. While the people belonging to the Aryan and Dravidian race are fairly integrated in India, people in the Northeastern states belonging to the Mongoloid race are often “nonrecognized and misrecognized, mirrored back by the wider Indian society as foreigners, hailing from such places as China, Nepal, Thailand, or Japan and on a visit to India”.46Haokip, T. (2021). From ‘Chinky’ to ‘Coronavirus’: Racism against Northeast Indians during the Covid-19 Pandemic. Asian Ethnicity, 22(2), pp. 353-373. They are considered less of an Indian and are often marked off using their distinct facial features which are stereotypically associated with people from East Asian countries.47J., Sadhana, N. (2020). A Racist India & How Its Racism Is Different For North-Eastern Women. Feminism In India. https://feminisminindia.com/2020/06/08/racist-india-racism-different-north-eastern-women/ Racial slurs such as “chinki” and “momo” are used to demean people from Northeastern states when they are outside their home states.48J., Sadhana, N. (2020). A Racist India & How Its Racism Is Different For North-Eastern Women. Feminism In India. https://feminisminindia.com/2020/06/08/racist-india-racism-different-north-eastern-women/ Such discrimination and abuse against North-East Indians also translates into the online space and particularly affects women.49J., Sadhana, N. (2020). A Racist India & How Its Racism Is Different For North-Eastern Women. Feminism In India. https://feminisminindia.com/2020/06/08/racist-india-racism-different-north-eastern-women/; Nelson, A. (Host). (2020). Voices of Resilience: Angellica Aribam on Online Harassment and Racism in times of COVID. [Audio Podcast]. Vital Voices Podcast. https://podcasts.apple.com/au/podcast/voices-resilience-angellica-aribam-on-online-harassment/id281078806?i=1000470367155

The Covid-19 pandemic, the first case of which was reported in China, led to an increase in the online racial abuse faced by women from the Northeastern states, which supposedly ensued from their presumed similarity with people of Chinese origin.50Haokip, T. (2021). From ‘Chinky’ to ‘Coronavirus’: Racism against Northeast Indians during the Covid-19 Pandemic. Asian Ethnicity, 22(2), pp. 353-373. For instance, when the pandemic hit, a political activist from Manipur was a target of graphic and explicit abuse, which included several slurs used to insult persons from the community.51Nelson, A. (Host). (2020). Voices of Resilience: Angellica Aribam on Online Harassment and Racism in Times of COVID. [Audio Podcast]. Vital Voices Podcast. https://podcasts.apple.com/au/podcast/voices-resilience-angellica-aribam-on-online-harassment/id281078806?i=1000470367155 This indicates the double disadvantage faced by women of certain communities by virtue of both their gender and racial location.

4.2.3 Relevance of and Necessity for an Intersectional Perspective in Law

Legal recourse becomes all the more important in cases of violence that stem from multiple marginalities. From an intersectional point of view, gender-based violence (GBV) that is also motivated by aspects of a woman’s identity other than gender, such as religion, caste, or ethnicity, seeks to attack a community by destroying the “honor” of a woman belonging to that community.52Davis, A.N. (2015). Intersectionality and International Law: Recognizing Complex Identities on the Global Stage. Harvard Human Rights Journal, 28, pp. 205-242. Such violence stems from the notion that women are upholders of community honor. This is also indicated by IT for Change’s study that found that trolling against women on Twitter often took the form of ridiculing them for bringing shame or dishonor to their husband, father, or family through their words and actions. In such a scenario, it would be amiss for law and law enforcement to consider sexual violence or GBV as purely a gender issue without paying due attention to the intersecting social identities that provoked or enabled it.

It is often found that courts fail to appreciate how other social identities contribute to GBV crimes.53Sarogi, A. (2021). Identity and Evidence- An Intersectional Perspective. Supreme Court Observer. https://www.scobserver.in/journal/identity-and-evidence-an-intersectional-perspective/ For example, in the past, the courts have interpreted provisions of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities Act), 1989 (SC and ST Act), to mean that the accused could be convicted only if it is proved that the accused committed atrocity against the victim solely on the basis of caste identity.54Sarogi, A. (2021). Identity and Evidence- An Intersectional Perspective. Supreme Court Observer. https://www.scobserver.in/journal/identity-and-evidence-an-intersectional-perspective/ Today, however, there is growing cognizance that an intersectional lens is crucial in such cases. The amendment to the SC and ST Act in 2015 lowered the burden of proof from showing that the atrocity was committed solely on the ground of the caste or tribal identity of the victim, to only showing that the accused had knowledge of such identity. Further, in Patan Jamal Vali v. The State of Andhra Pradesh (2021), a Supreme Court case involving the rape of a visually challenged girl belonging to a Scheduled Caste, Justice DY Chandrachud observed that an intersectional lens is important “to evaluate how multiple sources of oppression operate cumulatively to produce a specific experience of subordination”.55Balaji, J., & Dhawan, P. (2021). Intersectionality Matters: The Supreme Court Judgment in Patan Jamal Vali v. State of Andhra Pradesh. Centre for Law and Policy Research. https://clpr.org.in/blog/intersectionality-matters-the-supreme-court-judgment-in-patan-jamal-vali-v-state-of-andhra-pradesh/ This is a noteworthy observation that must be implemented for a holistic enforcement of justice.

It is difficult to pursue legal action in cases of online gender-based violence (OBGV) for a multitude of reasons. Among other things, people who are simultaneously marginalized by other social identities in addition to gender may experience increased hesitancy to approach the police to file a complaint. For instance, homosexual people who face violence on dating sites often refrain from approaching the police out of fear of stigma and ridicule.56Gurumurthy, A., Vasudevan, A., & Chami, N. (2019). Born Digital Born Free? A Socio-Legal Study On Young Women’s Experiences Of Online Violence In South India. IT for Change. https://itforchange.net/sites/default/files/1618/Born-Digital_Born-Free_SynthesisReport.pdf  Such negative experiences are compounded by the fact that women with marginalized  caste, disability, religion, or race identities lack access to social, economic, and legal resources to respond to a crime committed against them or to even speak about it.57Balaji, J., & Dhawan, P. (2021). Intersectionality Matters: The Supreme Court Judgment in Patan Jamal Vali v. State of Andhra Pradesh. Centre for Law and Policy Research. https://clpr.org.in/blog/intersectionality-matters-the-supreme-court-judgment-in-patan-jamal-vali-v-state-of-andhra-pradesh/ ;Rajani, N. (2022). “I Bet You Don’t Get What We Get”: An Intersectional Analysis of Technology-Facilitated Violence Experienced by Racialized Women Anti-Violence Online Activists in Canada. CJLT, 19(2). Consequently, when such women face OGBV, it is not easy for them to access instruments of justice because of their lack of social resources. Lower social capital as a result of intersecting disadvantages is a hindrance to accessing justice, and must be recognized as a serious issue facing persons interacting through technology in the increasingly digitizing world. Hence, it is essential for police and judges to be sensitive to the intersectional disadvantages that a survivor faces in accessing justice, and to take measures to ameliorate the barriers in their path to justice. Further, it is also important for judges to interpret existing laws so that they account for the intersectional nature of OGBV, as much as possible.

Footnotes

Sub-sections on this page: