Published 2026-05-07
Keywords
- Marginality,
- Social Exclusion,
- Substantive Equality,
- Constitutional Rights,
- Informal Labor
- Gender and Caste Discrimination,
- Legal Recognition,
- Human Rights,
- Access to Justice,
- Vulnerable Communities ...More
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Copyright (c) 2025 Swami Vivekananda University Press
This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License.
Abstract
This paper explores the intersection of law and social marginality, examining how legal systems both protect and fail marginalized communities in India. While the Constitution and statutory frameworks promise equality, dignity, and justice, the lived realities of the poor, women, caste-oppressed, displaced, and unrecognized identities reveal persistent gaps between legal ideals and social experience. Through a combination of doctrinal analysis, landmark case studies (Hussainara Khatoon v. State of Bihar, Maneka Gandhi v. Union of India, National Legal Services Authority v. Union of India), and socio-legal commentary, the study highlights the structural and emotional dimensions of marginalization. The paper also engages with international perspectives, including human rights frameworks and comparative constitutional jurisprudence, to underscore the global resonance of legal exclusion. Ultimately, it argues that meaningful justice requires not only legal reform but also empathetic implementation, community-based interventions, and a reimagining of law as a tool for substantive inclusion.