India's caste system is believed to be one of world's oldest surviving forms of social stratification. For right or wrong reasons, many times in India, it has been used for vote bank politics, and the results have been catastrophic. In the UK, caste has been a subject of long-standing debates, with some British Asians claiming that they have faced or continue to face caste discrimination in this country. The government, hence, has been urged to include it in the amendment of Section 9 of the Equality Act 2010, that allows caste discrimination to be interpreted as a form of race discrimination.
The Coalition Government in the UK (2010-15) initially indicated that this legislation would be introduced to Parliament during summer 2015. The Conservative government then reviewed its position on the need to introduce legislation, following the Employment Appeal Tribunal’s decision in Chandhok & Anor v Tirkey [2014]. In that case, the Employment Appeal Tribunal noted that caste discrimination is capable of being unlawful under current law, provided that the circumstances of the case fall within the existing prohibition of race discrimination. On September 2, 2016, the government announced that it would conduct a public consultation on the issue, which formally closed on September 18, 2017. The result will be announced later this year.
Many Hindu bodies and leaders in the UK are tremendously against incorporating caste as a form of race discrimination. While some do not regard caste as an integral feature of the Hindu religion, some think it brings unnecessary spotlight on 'negligible issues'. Others, however, argue that caste is a by-product of the British colonialism and the Labour and Liberal Democrat parties are allegedly trying to portray Hinduism in a bad light, dividing the community in the UK.
According to the 2011 Census, the population of the British Hindus are about 8,17,000. That is 1.5 per cent of the UK total population and 27 per cent of those of South Asian origin living in Britain. They are currently an important segment of the diaspora, a major vote bank for the Tories, especially as Prime Minister Theresa May is trying very hard to foster better relationship with India under PM Narendra Modi.
Since caste is not included in the UK Census, there are no precise figures available on it, but dalit population in the UK are estimated to be some 5,00,000. According to a report by the Equality and Human Rights Commission (EHRC), evidence of discrimination and harassment by higher castes on lower castes in the UK workplace, services and education were found, and it concluded that fresh legislation was needed.
C.B. Patel, patron of the Hindu Forum of Britain and editor of Asian Voice newspaper in the UK told THE WEEK, “This caste legislation will divide our Hindu community by creating the problems which are non existent or seldom happen in the UK. Caste has no significance in education, profession or personal life. Why create unnecessary divisions? In the UK, we do not need community to divide like in India, resulting from reservations and vote bank politics.”
Pratik Dattani, former chairman of the City Hindus Network in the UK, who was involved in some research with EHRC, said the legislation would only encourage stereotypes. “Among my friends growing up here, a discussion on 'what caste are you' has never been a part of our vocabulary.
“Moreover with this becoming a law, caste will eventually become a part of the Census, and an official record of someone's identity here. The fact remains that most of our generation does not know or care about our own caste,” he added.
But Charusmita, a young PhD researcher in the UK is not of the same view. Seeing that caste still remains a major driving factor, especially during Hindu marriage alliances, she is of the opinion that discrimination does exist in the UK. “I have personally seen caste bias in the UK. Considered to be of marriageable age and presumably looking for a groom, I was given an eligibility booklet by a community match-maker, explaining which caste I could marry into or couldn't and what were the requirements for qualification. I was honestly shocked,” she said.
Satpal Muman, chairman of CasteWatchUK, an independent and secular body that promotes social cohesion told THE WEEK, "It is outrageous to suggest caste vote bank politics is being played here.
“We're not living in India. I do not understand why the Hindus are vehemently opposed to equality because the law applies to everyone irrespective of religion. Do the Hindus have something to hide?
“The law will assist anyone whose life is subjected to caste discrimination. Hindus should stand up for equality instead of foolishly opposing the law which makes them appear ridiculous.
“Breaking caste barriers unites people not divide people. It's about time those opposing the legislation demonstrate maturity of understanding.”
The Dalit Solidarity Network UK (DSN-UK) that was established in 1998 to undertake advocacy and lobbying activities in the UK to raise awareness about caste discrimination and to campaign for its eradication. Labour party and Her Majesty's Opposition leader Jeremy Corbyn MP is the chairman of the DSN-UK and in a statement he wrote that he was, “horrified to realise that caste discrimination has actually been exported to the UK through the Indian diaspora.”
“This is an issue the government and all those concerned about good community relations must address. Any discrimination, of whatever kind, is unacceptable and must be both legislated against and challenged by all appropriate means,” he added.
Satish K. Sharma, general secretary of the National Council of Hindu Temples, UK, has an optimistic view. As a Hindu leader, he thinks by talking to the community members and listening to the distressed, a lot could be achieved. He told THE WEEK, “Now that the consultation has finished, I am encouraged that sooner or later we are going to get a very positive outcome. This dalit and non-dalit divide has been a wound in the Indian community for centuries. It is a wound that vested interests are not permitting to heal.
“One thing this caste legislation has done that, it has caused us to go right back to the very genesis of this problem and understand what caused it. It's now inevitable that the real history of how the dalit and non-dalit divide was created and how the varna philosophy was manipulated in order to create inter communal strife will become common knowledge.
“As British Hindu community we have to be courageous enough to sit with the members of the community who feel aggrieved and explore how we can overcome this issue. Once everybody knows how this was done to us, brothers were divided and sisters were set against each other by colonial force, I am confident that this wound will begin to heal.”
