UNITED KINGDOM, October 21, 2015 (editorial by Dr. Prakash Shah): The caste system is one of the most prevalent and powerful markers of Indian culture and society. It is most closely associated with Hinduism and seen as hierarchical and oppressive, particularly for those who are at the bottom of the system. This is a stereotype, founded on Christian theological polemic that saw Indian religion as false, a view that has strongly influenced subsequent debates and scholarship on caste. I contend in my new book “Against Caste in British Law” that we should not be enacting legislation on such a basis.
On the assumption that a caste system exists in the UK’s Indian diaspora, parliament justified the insertion of a provision against caste discrimination in the Equality Act 2010. While that merely gave a power to the Minister to implement the provision, an amendment to the Act made in 2013 made implementation obligatory.
I began researching the caste provision in 2013, as part of the Coalition for Dialogue and the Anti-Caste Legislation Committee, which brought together a large number of Indian community organisations. It quickly became clear that community spokespersons had no real way of arguing against the provision. They were handicapped by the fact that if they resisted it they would be branded as complicit in caste discrimination – as has been alleged by parliamentarians backing the law – or practitioners of a form of apartheid.
Dr. Shaw presents his case against the legislation at “source” above.