Discrimination law and the family | LSE III Event

Discrimination law and the family | LSE III Event

by Tarun Khaitan

Humanities, Social Sciences & Thought Law & Justice LNDConstitutional and administrative law: generalLNDCLaw: Human rights and civil liberties
🎙 Tarun Khaitan 👥 617 📅 December 3, 2025 ⏱ 61 min 👁 83 📄 expert opinion 🧭 2026-08-16
Available in: English (current) Français

Keywords

discrimination lawfamilypublic-private divideindirect discriminationlove laws

Summary

Professor Tarun Khaitan presents his research on extending discrimination law to the family. He begins by explaining the traditional scope of discrimination law, which regulates only the state and the market, leaving the family untouched. He argues that this silence is indirectly discriminatory against protected groups such as women, LGBTQ individuals, and disabled people, as it disproportionately affects them. He introduces the concept of indirect discrimination, originating from the US case Griggs v. Duke Power Co., and explains how it applies to omissions. He then discusses the public-private divide, proposing a spectral understanding based on power relations rather than a binary distinction. He argues that the family is a site of significant power differentials, making it a legitimate target for discrimination law. He draws on the concept of ’love laws’ from Arundhati Roy, which dictate who should be loved and how, and are enforced by families. He suggests that a liberal state has reasons to intervene to resist these laws for liberty and equality. He presents the draft Indian Equality Bill, which includes an offense of segregation and non-penal remedies inspired by domestic violence laws. He acknowledges implementation challenges but emphasizes the expressive function of law in changing social norms.

200 words

Critical Evaluation

Value of the Information & Strength of the Argument

The talk provides a novel and thought-provoking argument for extending discrimination law to the family. Khaitan builds his case systematically, starting with empirical evidence of discrimination within families, then applying the concept of indirect discrimination to the law’s silence, and finally proposing feasible legal interventions. He engages with counterarguments, such as the privacy of the family and the potential costs of juridification, but argues that these concerns are not insurmountable. The argument is well-structured and persuasive, though it remains exploratory and acknowledges the need for further research.

Scientific Rigor, Source Quality, Title Accuracy

Khaitan demonstrates scientific rigor by referencing specific studies (e.g., Marshall et al. 2011 meta-analysis, CDC survey) and legal cases (Griggs v. Duke Power Co.). He also draws on his own prior work and the process of drafting the Indian Equality Bill. However, many claims are made without detailed citations, and the talk is more of an expert opinion than a systematic review. The title accurately reflects the content, and the talk is well-organized.

175 words

Title / Content Match

The title accurately reflects the content, which focuses on the application of discrimination law to the family.

Quality & Reliability

8/10

The speaker is a professor of public law at LSE, with a strong academic background in discrimination law. The talk is based on his ongoing research and a draft bill for India. He cites specific studies (e.g., Marshall et al. 2011, CDC survey) and legal cases (Griggs v. Duke Power Co.). However, the talk is exploratory and lacks detailed citations for many claims.

Key Moments

Markers derived by PSI from the transcript: the creator did not define chapters.

Cited Sources

  • A Theory of Discrimination Law — Khaitan's own book, which provides the theoretical foundation for his argument.
  • Marshall et al. (2011) meta-analysis — Cited as evidence for elevated suicidality among sexual minority youth.
  • CDC survey during the pandemic — Cited for statistics on LGBT adolescent suicide attempts.
  • Griggs v. Duke Power Co. — US Supreme Court case that established the concept of disparate impact.

Concurring Sources

  • Feminist critiques of the public-private divide — Khaitan acknowledges and builds on feminist scholarship that challenges the divide.

Dissenting Sources

  • Potential counterarguments on family privacy — Khaitan discusses but ultimately rejects the view that the family is too private for regulation.

Contribution & Novelties

The talk offers a novel application of discrimination law theory to the family, arguing that the law’s silence is indirectly discriminatory. It proposes a spectral understanding of the public-private divide based on power, and suggests specific legal interventions inspired by domestic violence law. This is a significant contribution to legal scholarship, opening new avenues for research and policy.

Pour aller plus loin :

100 words

Radar Profile

The radar profile shows high scores in quantity and quality of information, with a moderate level of technicality. The overall reliability is high, reflecting the speaker's expertise and use of credible sources.

Reliability 8/10