Liberty and non-discrimination. The scope of intersectional jurisprudence

Abstract

This paper introduces a sociological introspection and a judicial review to overcome discrimination and violence in societies whose colonial and communal past is tied up with the current neoliberal trend. It explores the relationship between the limits of liberty and the scope of discrimination. And it proposes –something to be referred as– a constitutional insurgency or a new constitutional morality by looking into the elements that made possible the Indian Constitution of 1949.