India's caste system is believed to be among world's oldest surviving forms of social stratification. The UK Government is of the opinion that some British Asians still experience discrimination on basis of their castes in the UK. Hence, they want to introduce the Caste discrimination as an offence under the equality laws. But before that, they would like to know your views on how best to ensure that there could be appropriate legal protection against caste discrimination or if they should at all make this a part of the Equality Act.
The Department of Education in their consultation section has stated that a ban could be applied: “by formally making caste an aspect of race in the Equality Act 2010 or through developing case law in the courts and employment tribunals.
“In either case, businesses and public authorities would have to consider caste discrimination in the same way they consider other aspects of race discrimination when dealing with employees, customers or service users.
“We want to hear from members of those communities who may encounter caste discrimination in their daily lives as well as the wider public, businesses, service providers educational and other institutions, and public authorities.”
Many Hindu leaders like Trupti Patel, from Hindu Forum of Britain have protested against the idea and strongly believe that the caste system was introduced in its current guise during colonial rule in an attempt by the British authorities to classify and better understand the Indian society they were governing.
Many Hindu organisations who believe that Indians have started behaving as if they are a part of a caste hierarchy as a result of being taught to, said, “All Hindus do not accept caste is an integral feature of the religion. As a result, there are many who would prefer the issue remain under the radar.”
As per the wiki definition, Caste is not an Indian term. The origins of the term 'caste' are attributed to the Spanish and Portuguese casta, which, according to John Minsheu's Spanish dictionary (1599), means "race, lineage, or breed". When the Spanish colonised the New World, they used the word to mean a "clan or lineage." However, it was the Portuguese who employed casta in the primary modern sense when they applied it to the thousands of endogamous, hereditary Indian social groups they encountered upon their arrival in India in 1498. The use of the spelling "caste," with this latter meaning, was first used in English in 1613.
The NEISER reports on which the entire consultation is based on says in its opening paragraph: “There is little evidence on caste discrimination and harassment in Britain: its existence and nature are disputed." The development of the Equality Act 2010 brought debate on caste discrimination to the fore.
According to many Hindu leaders, after reading the first para in the NEISER reports, there is no need to go ahead and read the whole report to confirm that there is no caste discrimination in UK. There is no accepted body of evidence detailing the existence of caste discrimination in the UK. If parliament cannot decide upon the definition of caste, then we cannot expect a judge to interpret "caste". Therefore, there are no benefits to using case law or caste legislation to implement a legal ban on caste discrimination. If anything, the use of the word caste is hateful and discriminatory.
The Overseas Friends of BJP in a statement said, “Caste has always been used as a tool to divide and weaken the Hindus for more than hundred years. Unfortunately today British Hindus find themselves at a moment of time where we shall regret that we chose to keep quiet against the unjust, incorrect and unfair legislation about to be rolled out to weaken the timid Hindu once again. It is our future generations, who shall bear the consequence if we choose not to act now.”
Satish Sharma, chair of the National Council of Hindu Temples, is firmly against the proposed legislation. While he believes there is no justification for caste-based discrimination, he believes the caste system has nothing to do with his religion and that any new law will present the issue as a Hindu problem. He, along with a number of Hindus, maintains that the caste system as it exists now has more to do with the centuries of British colonial rule than ancient religion.
Mr Sharma is concerned about what he says is a lack of evidence for caste discrimination in the UK. According to a BBC report, he believes there is a "Hinduphobic" agenda behind those pushing for caste legislation that is leading to Hindus being unfairly discriminated against.
"There has been this assumption that Hindus are casteist and I have recently heard what I think is an outrageously prejudicial term, where groups who are not dalits are now being referred to as 'caste supremacists'."
Groups representing victims
But groups that represent victims of caste discrimination say they are not interested in the origins of the caste system, but instead want a new law to protect people.
"The Hindus - they need to actually do some soul searching on this and be honest with themselves and try and confront this thing," says Satpal Muman, from CasteWatch UK, according to BBC.
Nevertheless, he believes Hindus that claim the caste system does not originate in their faith have to confront their past.
Campaigners calling for caste discrimination legislation estimate there are up to half a million dalits in the UK who could be at risk of caste prejudice.
However, caste is not included in the census and there are no precise figures available.
Another issue complicating attempts at legislation is the fact many British Indians are unable to identify exactly where they fit in the fourfold hierarchy.
The experience of Dina Bhudia, a 42-year-old British Hindu, is typical of many.
She recalls learning about the caste system in religious education classes at school but is unable to reconcile it with her personal experience of her religion.
"I've never learnt about the caste hierarchy from any priest or temple," she told the BBC.
"They are not sitting there saying, 'right, us brahmins are here and you kshatriyas are there.'
"Technically I'm at the bottom of the pyramid. My granddad was a farmer, my dad was a bus driver, I'm a financial adviser - where do I fit in?"
Caste and its misconceptions
Lakshmi Vyas formulated templates collectively made by 10 Hindu organisations and wrote about Caste and its existing misconceptions. She noted there are many disadvantages of using case law to implement a legal ban on caste discrimination. These include:
1. That we cannot expect a judge to define caste if Parliament cannot.
2. The judiciary have been fed the idea of the validity of “caste” as a negative aspect of Indian culture and religion. As such, they may assume this to be a reality and act on the uninspected prejudice and their own conditioning.
3. Negative portrayal of South Asian culture based on targeting the South Asian community in the explanatory notes of the amendment
4. Potential to open the South Asian community up to unfair litigation beyond the Equality Act.
5. Inter community friction through creating caste consciousness. Most communities to not know what caste they are and their children will not even be aware of this concept that has no place in modern British society.
6. Promoting discriminatory towards entire communities (South Asian/Indian/ Hindus) by reinforcing the incorrect stereotype on caste.
7. By singling out these communities in the explanatory notes of the legislation, it is encouraging hate speech and prejudicial conduct towards these communities
8. The denial of the right to be treated as equal by birth
9. The creation of a two-tier system one for Indians and one for non-Indians
10. Damage to Indo-British commercial and cultural ties
None of the options given the Government in this caste consultation are preferred. The template further clarified that Section 9(5) of the Equality Act must be repealed (including reference to the amendment in the Explanatory notes of the Act )and the development of case law must be rejected due to the dangers it poses to Dharmic communities because:
• British Hindus want to eradicate caste.
• British Hindus do not want “caste” entrenched in law.
• We do not want the social misgivings of caste from India to enter the consciousness of communities in the UK. It is divisive and creates inter-community tensions that would not otherwise exist.
• This legislation will create caste consciousness amongst future generations of British Hindus
• The explanatory notes in the Equality Act singles out Indians/ Hindus and I feel discriminated against as a result. The caste amendment itself is discriminatory
• The legislation runs contrary to community cohesion and is fragmenting what is otherwise a well-integrated community by resurfacing old wounds from another country.
• We cannot rely on people who have no understanding of caste to define it – neither in Parliament or in a court of law
• This has the danger of opening me up to unfair litigation through no fault of my own.
Vyas added, “All these are against equality Act 2010. This only leads to division and disturbing a peaceful community.”
Even the Noble Laureate Amartya Sen addressing a special event last year at the London School of Economics (LSE) to mark the 125th birth anniversary of Dalit rights activist Babsaheb Bhimrao Ramji Ambedkar, said: “One issue that keeps coming up in India is people being branded as ‘anti-national’ for not toeing a certain line”.
“I would say caste is anti-national because it divides the nation. We want to be national, not anti-national, for which it is important to eliminate all divisions,” the 82-year-old economist and philosopher said.
TIME IS RUNNING OUT. The last date to 'have your say' in the consultation or inform your local MPs to be your voice in the Parliament is 17th July. Please hurry and log onto https://consult.education.gov.uk/government-equalities-office/caste-in-great-britain-and-equality-law-1/
