Recently, the American state of California passed a key Bill - SB 403, which supports caste as an oppressive and discriminatory practice in the state. But why are Indians rejoicing over a piece of legislation in America, that may definitely not solve the caste problem in India?
To understand this, our approach toward casteism needs to do a double-take - it is not an Indian context, as Hindu as it is. It is a South Asian context, because it's not only a Hindu system, but is also followed in Christianity and Islam. [¹] [²] But more importantly, caste discrimination is a global context - everywhere the upper caste man from any faith that practices casteism goes, he takes his caste with him and oppresses marginalized communities that live there - this too, isn't only limited to caste minorities and tribal peoples, but may also be inherently racist and divisive in nature.
The SB 203 Bill is monumental for caste and other minorities in America, as it ensures that caste discrimination becomes a protected category, the same as, say, racism, or xenophobia, which usually does not allow mobility to those oppressed. As the South Asian diaspora continues to grow in the States, casteism continues to take shape unprecedently. One of the leading Dalit-American organizations working on the materialization of this Bill is 'Equality Labs' who in their 2018 research study 'Caste in the United States A Survey of Caste Among South Asian Americans' found that -
30% of Dalits in the diaspora are still making less than $24,999 a year, and are likely doing so because they are entering the immigration process as students.
Only 10% of Brahmins make less than $24,999 a year
Almost 50% of Dalits and Shudras surveyed reported that their education attained is at the postgraduate level
Over 75% of Dalits and nearly 50% of Shudras stated that they or their migrating family members received Affirmative Action in their country of origin and it was a contributing factor to their migration
52% of Dalits responded that they are worried about being 'outed' as Dalits and hiding their identities
40% of Dalit students face discrimination in educational institutions in the U.S.
57% of Dalits face caste discrimination at the workplace in the U.S.
42% of Dalits face caste discrimination in places of worship, with 28% being denied any type of leadership roles within
The complete report indicates the rampant casteism exercised in the U.S., however, there has been a constant sense of opposition to Bill SB 403 by prominent Hindu groups, largely helmed by upper-caste men. For instance, the Hindu American Foundation has been a strong opposer to the Bill, as -
"We oppose SB-403 because both its legislative intent and impact will result in an unconstitutional denial of equal protection and due process to South Asians (the vast majority of whom are of Indian origin) and other vulnerable ethnic communities. SB-403 unfairly maligns, targets and racially profiles select communities on the basis of their national origin, ethnicity, and ancestry for disparate treatment, thereby violating the very laws it seeks to amend, the Unruh Civil Rights Act. It further violates Title VII of the Civil Rights Act of 1964 and the US and California State Constitutions."
Whereas the official text preluding Bill SB 403 states -
"Existing law, the Unruh Civil Rights Act, provides that all persons within the jurisdiction of this state are free and equal, and no matter what their sex, race, color, religion, ancestry, national origin, disability, medical condition, genetic information, marital status, sexual orientation, citizenship, primary language, or immigration status are entitled to the full and equal accommodations, advantages, facilities, privileges, or services in all business establishments of every kind whatsoever. This bill would additionally provide that all persons within the jurisdiction of the state are so entitled regardless of their caste, as defined."
This year, Seattle in Washington D.C. became the first city in the U.S. and the first jurisdiction outside of South Asia to have banned caste-based discrimination. In early 2020, Brandeis University became the first university in the US to ban caste-based discrimination on-campus, on whose footsteps followed Harvard University, California State University, the University of California, Davis, and Brown University. Most recently after the passing of SB 403, the University of Columbia followed suit.
While the Bill has now been passed in California, it'll be heard in the Senate and a decision will be made on including 'caste' as a discriminatory factor in all processes, and hopefully throughout America, as it is key that the world's most important democracy ensures that the rights of all remain preserved.
The complete Bill can be found here.
To further understand the nuances of caste, if unfamiliar, please reach out to blackbirdthepodcast@gmail.com
[ ¹] T. Ameerudheen, “Is the caste system deep-rooted among Christians in India? A Kerala bishop stirs up a hornet’s Nest,” Scroll.in, 20-Apr-2018. [Online]. Available: https://scroll.in/article/876000/is-the-caste-system-deep-rooted-among-christians-in-india-a-kerala-bishop-stirs-up-a-hornets-nest. [Accessed: 16-May-2023]
[²] P. Patnaik, “Caste among Indian Muslims is a real issue. So why deny them reservation?,” The Wire, 02-Dec-2020. [Online]. Available: https://thewire.in/caste/caste-among-indian-muslims-real-why-deny-reservation. [Accessed: 16-May-2023]
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