Caste Legislation in the British Parliament

CB Patel Tuesday 04th July 2017 17:44 EDT
 

After deliberations in the House of Commons and the House of Lords, the Parliament has decided July 17 to be the deadline for responses about a very important legislation in front of the august House. In simple terms, caste has been given centre stage in the day to day life of the people of this country. Why now? Promoters, or the government itself has not been able to provide factual data about the perceived discrimination and injustices in our lives in this country based on caste barriers in employment, housing, friendships, or even, in marriage.

The powers that rally behind the proposed legislation, must come out clearly and cleanly about the reasons behind tabling the motion. How many incidents were reported? As a matter of principle, even one incident of discrimination or injustice is not acceptable. Since when is a law formulated based on some exceptions where the danger and the damage is clear in implications on the very fabric of the society which it purports to help? One must look at the consequences very carefully.

In my experience of living in this country for over 50 years, caste itself has become of little or no significance in public or private employment including those where the employers are fellow Indians of so-called higher caste. In housing, in public services, at universities, employment, in friendships leading up to marriages, if there was at all any significance of caste, it is almost non-existent now.

Vast changes have taken place without any legislation in the evolution of the British Indians increasingly with education, professions, competence, and confidence. Fewer and fewer young persons ask their parents or consider the caste of individuals before meeting them, falling in love, starting relationships leading up to co-habitation or marriage. What would happen if the caste itself is made part of the law? We should consider that very carefully. Even unwittingly then, young persons, boys and girls in the schools will be tempted or encouraged to enquire about the caste before they make friendship at the most innocent stage of their lives.

I can also speak from my personal experience. I arrived in this country in 1966. In 1968, I had to give away a Hindu girl, in a wedding ceremony, who wanted to marry an Englishman, but her parents were not willing to endorse the relationship at that time.

Both the spouses were adults and were in love and keen to get married in a proper civil marriage. I am happy to report that the couple are now grandparents to wonderful children, and who knows whom they are going to marry or be friends with. Even in my own close-knit family, several offspring have husbands or wives who are non-Hindus, and some not even Indians. Within my own extended family, there are incidents where marriages took place with the so called 'OBC' caste members. I have attended quite a few marriages where Hindu girls are known to marry Muslim guys in ceremonies attended by thousands belonging to the former community.

Of all the wedding invitations I receive today, almost half, if not more, are not only inter-caste, but inter-racial, and inter-religious too. There was no role for law to bring this transformation in the attitudes of the society itself. Caste was never an important criteria. And even if it ever was, it is almost non-existent now. To bring that in the forefront now, is highly dangerous, derogatory, and not only harmful to the Hindus, but also to core of the society where co-existence and harmony is at its peak.

Let's look back at India itself. Yes, in India, in the legal provision, caste has a presence. I would like to elaborate. Untouchability is age-old problem and a shame on the Hindu society. It is a very complex issue. Some blame foreign invaders, rulers, even the Imperial power which accepted, used, and exploited the caste system to suit their interest. Injustice, inhumanity, unfairness resulting from the caste criteria moved several noble souls in 18th and 19th century from high caste Hindus, especially, Maharashtra, Bengal, Tamil Nadu and other parts of British India, to focus on the inequality and inhumanity at hand.

Gandhiji, since his return to India in 1915, gave top priority to the problems and pains of the untouchables, whom he termed 'Harijans'. The first major campaign (Satyagraha) Gandhiji launched at Champaran was primarily to protect and help landless labourers of Indigo plantations, who were mainly untouchables- but the farms were owned by the British, English people. Let us also remember the famous court case where MK Gandhi was sentenced for six years in 1922, resulting from the Champaran Satyagraha. Perhaps one should read Gandhi's statement to the learned Judge.

It is a sad part of history that the Imperial power had no qualms using the 'divide and rule' policy prior to its departure from India. In 1915/16 , the Muslim League was established with the help of the Aga Khan and the Nawab of Murshidabad leading up to the demand for a separate country-based on religious divide. We all know the result. How has it helped?

At the London Roundtable Conference in 1930, the Imperial power decided to use Dr Babasaheb Ambedkar and Untouchables or Gandhiji's Harijans, now called Dalits, as pawns for their own little game of chess, leading up to Gandhi's fast at Yerwada prison in 1931 and the Gandhi-Ambedkar Pact. So much water has flown under the London Bridge.

When Dr Babasaheb Ambedkar was the main co-ordinator for the drafting committee of the Indian constitution, even the Reservation Policy wasn't to his taste. He was very clear that equality will evolve not within the framework of law, but come with the evolution of the society. Remember, he was both, an economist and a lawyer. Above all, he had suffered so much as the scion of a Dalit family. His objections were overruled by other members and reservation was imparted for 10 years only. Today, India has 22 per cent Dalits and while a lot of distance have been travelled, millions of miles are yet to be covered for equality of opportunity and removal of discriminations. Nevertheless, one can justifiably claim that things are changing rapidly now, perhaps much more than ever before. There was a period when Prime Minister VP Singh, to retain his power, used the Mandal Commission Report, which was until then gathering dust in government offices and created rupture in the society, causing violence.

So, the inclusion of caste in the legal framework, especially UK of 2017 is neither necessary nor desirable, and is dangerous. Let's not make it a party political matter. People should look beyond their short-term self interest. There is no vote bank like in India who encourage politicians. I don't blame them on that score. I think it was lack of proper understanding based on facts, and all this stress and strain of the last few years was not worth it. Let us for the sake of common humanity, bury this proposal completely.


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