The Equality Bill – Report Stage
Wednesday 2 December 2009
Caste discrimination in the UK
The Equality Bill brings together in one Act the 9 strands (“protected characteristics”) of age, disability, gender re-assignment, marriage & civil partnership, pregnancy & maternity, race, religion or belief, sex, and sexual orientation. The aim of the amendments is to add the strand of caste to that list; i.e. to include a ban on caste-based discrimination in employment, and in the provision of goods and services – not in personal matters such as arranged marriages.
Over the last 60 years, there has been a gradual increase in the number of people in the UK from the Indian subcontinent. These communities have settled here and brought with them their own social habits, norms, and customs, including the caste system. That system can be described as a hierarchical, group-based system of social stratification, where both group membership and group and individual status are hereditary, ascribed, and permanent. It is separate from race: individual A and individual B may well be from the same race, but A can still discriminate against B on the basis of B’s caste.
Since 1969 the UK has been a party to the UN International Convention for the Elimination of All Forms of Racial Discrimination. In 2002 the relevant UN Committee recommended inter alia that State Parties should enact legislation to outlaw all forms of discrimination based on descent, in accordance with that UN Convention.
On 8 October 2009, Navi Pillay, the UN High Commissioner for Human Rights, publicly condemned caste discrimination, which affects 270 million people world-wide. Other countries have laws to protect against caste discrimination; notably, the constitution of India 1950 outlaws the practice of “untouchability”, and makes caste discrimination unlawful; so does Australia. In 2008 the Prime Minister of India, Dr. Manmohan Singh stated that “caste is a blot on humanity”.
The UK government rightly recognises the evil of caste-based-discrimination. In its response to the consultation on the Equality Bill, in July 2008 it said: “While recognising that caste discrimination is unacceptable, we have found no strong evidence of such discrimination in Britain, in the context of employment or in the provision of goods, facilities or services.”
That was said despite a July 2007 report – albeit based on anecdotal evidence – indicating that caste-based discrimination does exist in the UK. Given the government’s unchanged position, in August and October 2009 the Anti Caste Discrimination Alliance, commissioned a “scoping study”, seeking to establish if there be evidence of caste-based discrimination in the UK; and asking those who said that they had experienced caste-based discrimination, the setting in which it had occurred, and the effects it had had upon them. Over 300 people participated in an online questionnaire and 9 focus groups in England. This study does not claim to be statistically rigorous, but it does give some broad results indicating that there is caste-based discrimination here in the UK
A majority of the research participants identified negative experiences arising from caste-based discrimination, and it affects citizens in ways beyond mere personal choices and social interaction. Survey findings include:
- 45% stated that they had been either treated in a negative way by their co-workers (20%), or had had comments made about them on account of their caste (25%);
- 9% believed they had missed promotion at work due to their caste;
- a further 10% stated that they had been underpaid because of their caste;
- 9% stated they had experienced verbal abuse;
- 5% had been subjected to threatening behaviour because of their caste;
- 7% said that, when they were under 12 years old, they had been subjected to threatening behaviour, and 16% to verbal abuse, because of their caste;
- 10% of the perpetrators of caste-based discrimination for the under 12s were said to have been teachers, and 42% fellow pupils;
- 25% stated their family doctor had asked them directly or indirectly about their caste;
- 16% stated that a nurse at their GP’s surgery family doctor had asked them directly or indirectly about their caste;
- 13% stated that a community nurse had asked them directly or indirectly about their caste;
- 18% stated that they knew the Caste system exists, because of places of worship specific to particular castes;
- 71% identified themselves as belonging to the “Dalit” community;
- 58% confirmed that they had been discriminated against because of their caste;
- 37% stated that this had occurred on several occasions;
- 79% believed they would not be understood appropriately by the UK police service if they reported a “hate crime” incident based on caste-based discrimination;
- 85% are aware that there is no legislation in place to protect victims of caste-based discrimination.
A number of academics and UK organisations, including the Anti Caste Discrimination Alliance, the Dalit Solidarity Network UK, the Federation of Ambedkarites & Buddhists Organisations, and CasteWatchUK, say that caste-based discrimination can affect in some way or another a relatively high proportion of the approximately two million Asian-heritage people in the UK, and that it extends beyond social interaction. Conversely, whilst the Hindu Council UK and the Hindu Forum of Britain have both acknowledged that the caste system exists in the UK, they argue that caste discrimination is not endemic in the UK, and only plays a role in social interactions and personal choices like marriages, conversations, and friendships.
The government’s decision to not include a clause in the Equality Bill 2009 to protect citizens against caste-based discrimination in the UK seems mainly to have been mainly informed by the Hindu Forum of Britain and the Hindu Council UK’s reports and representations; and an unrepresentative and restricted sample of 19 replies.
That decision is regrettable, and the government should reverse its position. If the discrimination is wrong, then we should ban it; as Labour has done for the other protected characteristics. Indeed, save for disability, every single piece of anti-discrimination legislation in the UK has been introduced by a Labour government, often in the face of considerable opposition.
Jeremy Corbyn MP
Rob Marris MP