Beyond Identity: Legal Order, Social Constructs, and Tribal Women’s Role in Governance in India through the Intersectionality Framework

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.