Description

Laws, Justice and Rights for Women in the Modern Era
Editor: Prof. Dr. Yogesh Kumar Gupta, Ishan Ahmad and Premananda Murmu
Published by Universal Academic Books Publishers and Distributors,
New Delhi (India)
ISBN: 978-81-686113-5-1, 2026

Chapter 12

Algorithms of Inequality: Constitutional Safeguards Against Gendered Biometric and Automated Systems

Dr. Jyothi Abraham
Assistant Professor (on Contract), School of Indian Legal Thought, Department of Law, Mahatma Gandhi University, Kottayam

1. INTRODUCTION

When an algorithm determines eligibility for social welfare, screens applications for employment, or profiles individuals in public spaces via facial recognition technology, it operates as an exercise of de facto administrative power. Yet, this power is shielded from traditional public law scrutiny by a dual layer of opacity: technical complexity and proprietary intellectual property claims (trade secrets).

This structural dynamic creates a “black box” where systemic gender bias is laundered through code, making it exceptionally difficult to detect, challenge, or remedy through legacy judicial review mechanisms.
This chapter develops a critical feminist jurisprudence of the internet and automated governance. It interrogates the specific socio-technical mechanisms through which automated systems and biometric tools entrench gendered harms. By analyzing how algorithmic discrimination manifests across critical socioeconomic sectors, this study evaluates the structural limitations of existing constitutional doctrines.