The ruling of the Law Lords in the Mandla versus Dowell-Lee case

From a briefing: What the courts decided
This is a summary – not the full ruling

The House of Lords (highest court in England) ruled that although ‘ethnic’ still retained a racial flavour, it was not used in the Act in a strictly racial or biological sense, but in an extended sense, to include other characteristics which might commonly be thought of as being associated with common racial origin.

For a group to constitute an ethnic group, it had to possess and be regarded by others as possessing, certain essential characteristics:

1. a long shared history, of which the group was conscious as distinguishing it from other groups, and the memory of which kept it alive,
2. a cultural tradition of its own, including family and social customs and manners, often but not necessarily associated with religious observance,
3. a common literature peculiar to that group,
4. a common religion,
5. being a minority or being an oppressed group, and
6. additional characteristics, such as a common geographical origin, or common language, were relevant, but not necessary.

Also, the court ruled that converts and people who marry into an ethnic group are included in it, provided they feel that they are a member (in our case, they meet the Reht Maryada definition of a Sikh).

The House of Lords also noted that the word “ethnic” is of Greek origin, being derived from the Greek word “ethnos,” the basic meaning of which appears to have been simply “a group” not limited by reference to racial or any other distinguishing characteristics.