Outlaw 'caste' discrimination
Caste-based prejudice should have no place in modern Britain. We want to see caste-based discrimination explicitly recognised as a form of discrimination under UK equality legislation.
What's the problem?
The caste system is the result of ancient religious and cultural beliefs, most often, though not exclusively, associated with Hinduism. The caste system is imbued with inequality and discrimination, and is in diametric opposition to the Universal Declaration of Human Rights.
Research has estimated there are at least 50,000 (and perhaps in excess of 200,000) people living in the UK who are classified as "low caste" and at risk of caste discrimination, and found that there is caste-based discrimination, harassment and bullying present in employment, education and in the provision of services.
The Equality Act does not explicitly deal with the issue of caste, meaning victims of caste discrimination currently have to use unclear and precarious case law to secure justice. An express provision in the Equality Act 2010 would remove any legal uncertainty. Both Parliament and the United Nation Human Rights Council have called on the Government to explicitly outlaw caste-based discrimination, but it has delayed doing so for years.
In April 2017 the Government announced a long awaited public consultation on the issue of caste and the Equality Act 2010. This provides an opportunity to again press the Government to do the right thing and explicitly outlaw caste-based discrimination.
Find out more
Related news
NSS urges UN to push government to pass law on caste discrimination
Posted: Wed, 11 Mar 2020 14:22
The National Secular Society has urged the UN Human Rights Council to push the UK government to legislate to outlaw discrimination on the grounds of 'caste'.
In an oral statement to the council, NSS vice-president Josephine Macintosh highlighted the government's failure to legislate on the issue and described its approach as "grossly inadequate".
Ministers have refused to amend the 2010 Equality Act to outlaw discrimination on the grounds of caste, preferring instead to rely on the potential evolution of case law.
Josephine Macintosh said this approach "amounts to a covert refusal" to implement a UN recommendation in 2012, which said the UK should legislate in line with its human rights obligations.
She said the government is risking the setting of a precedent that reduces protection against discrimination, and that those most in need of protection are unlikely to have funds to mount a legal challenge.
And she said the result had "distinctly detrimental effects" on victims, ranging from depression and social isolation to loss of employment and reduced access to old people's day centres.
She told the UNHRC that the NSS "deeply regret(s) that the UK government has shown so little concern to protect the victimised".
And she called on the council, the UN's committee on the elimination of racial discrimination and state parties to "strongly encourage" the UK to comply with its treaty obligations by legislating.
The NSS's intervention came during a debate on human rights situations that require the council's attention at its 43rd regular session in Geneva.
The NSS also submitted a written statement on the subject.
The impact of caste discrimination
- Research published on the gov.uk website has estimated there are at least 50,000 (and perhaps in excess of 200,000) people living in the UK who are regarded by some as 'low caste' and at risk of caste discrimination.
- The research found evidence of caste-based discrimination, harassment and bullying present in employment, education and in the provision of services.
Relevant NSS lobbying
- The NSS's campaign page on caste discrimination and briefing on the subject further explain its position and work in this area.
- The NSS has been in special consultative status with the United Nations Economic and Social Council since 2016.
Watch the NSS's statement
NSS welcomes vote to outlaw caste discrimination
Posted: Tue, 5 Mar 2013 06:51
The National Secular Society has welcomed a vote by Peers in the House of Lords in favour of an amendment to bring caste discrimination within the scope of equality legislation. The vote was a heavy defeat for the Government, losing by 103 votes, with 256 peers supporting the amendment and 153 voting against.
The amendment to the Enterprise and Regulatory Reform (ERR) Bill was moved by members of the All Party Parliamentary Group for Dalits – the Lib Dem Peer and NSS honorary Associate Lord Avebury (pictured right), the Conservative Lord Deben, Crossbench Peer Lord Harries and Labour's Lady Thornton – and received crossbench support.
Prior to the vote the National Secular Society briefed Peers and Ministers with a legal opinion obtained by the NSS, which concluded that the UK is obliged in international human rights law to legislate for caste discrimination and further obliged to provide victims of such discrimination with an effective remedy.
The opinion stated that the Government's failure to do so is a violation of Article 2 (1) and 6 of the International Convention on the Elimination of All Forms of Racial Discrimination.
Last year the UN Human Rights Council also called on the UK Government to "develop a national strategy to eliminate caste discrimination, including the immediate adoption of the clause in the Equality Act … in accordance with its international human rights obligations".
Secular and anti-discrimination campaigners persuaded the previous Labour Government to amend the Equality Bill, to include an enabling power to make caste a protected characteristic as a result of which discrimination and harassment on the grounds of caste would be outlawed.
The current Government has however resisted triggering the power despite a report into the prevalence of caste prejudice and discrimination in the UK, undertaken by the National Institute for Economic and Social Research (NIESR), which found significant evidence of caste discrimination, harassment and bullying in employment, education and the provision of services, including care.
Defending the Government's position during Monday's debate, Baroness Stowell of Beeston described new legislation as "a big step" and said the Government was taking clear action to tackle caste prejudice and discrimination through a programme of education. She explained that the education initiative – a joint initiative between the Department for Communities and Local Government and the Government Equalities Office – had already appointed a body called 'Talk for a Change' to take the work forward.
Keith Porteous Wood, Executive Director of the National Secular Society, said: "The Government set a poor example by refusing to follow the UN's recommendation last year to the UK to make caste discrimination unlawful – as it was obliged to do so by its international obligations. Instead, all the Government offered those suffering from caste discrimination was conciliation where there is conflict. The peers, however, were determined to aid the vulnerable more effectively by providing legal protection on caste. Their view prevailed, leaving the Government embarrassed."
The amendment will now need the support of a majority of MPs in the House of Commons before it can become law.
Read Monday's debate in full at Hansard
Read the International Humanist and Ethical Union (IHEU) Conway Hall Declaration on Untouchability (signed in 2009)
NSS: government decision on caste discrimination shows "callous disregard for victims"
Posted: Mon, 23 Jul 2018 11:30
The National Secular Society has accused the government of showing "callous disregard for victims" after it announced it would not explicitly recognise caste-based discrimination under equality legislation.
In its response to a public consultation, the Government Equalities Office said it would rely instead on 'emerging case-law as developed by courts and tribunals' to tackle the issue.
In justifying the decision, the government described legislating for caste as an "exceptionally controversial issue" and "deeply divisive within certain groups".
NSS president Keith Porteous Wood strongly criticised the decision.
"Choosing not to recognise caste-based discrimination under equality legislation demonstrates a callous disregard for victims.
"Legislation outlawing caste discrimination is the only way to provide legal protection at a reasonable cost. Case law remedies are uncertain and ruinously expensive as has already been demonstrated in the courts, where no one has yet succeeded in making a case.
"Victims being left with no legal protection is the most likely outcome of this decision, which could not be more at odds with Prime Minister May's commitment to help those disadvantage by their background.
"The government clearly feels under pressure not to upset 'high caste' Hindus, both in the UK and India. But the decision flies in the face of repeated pleas from the United Nations and there may yet be legal means to challenge it."
Dawn Butler MP, Labour's shadow minister for women and equalities, also expressed her disappointment at the decision.
"It is very disappointing that the government has performed a U-turn on the decision to bring caste discrimination under equality law," she said.
"Caste-based prejudice and discrimination is a gross violation of human rights and must not be tolerated. All individuals have the right to protection against discrimination on the basis of their caste or perceived caste, in the same way that they do on the basis of race or gender."
Research has estimated that at least 50,000 (and perhaps in excess of 200,000) people living in the UK are regarded by some as 'low caste' and at risk of caste discrimination. The research found evidence of caste-based discrimination, harassment and bullying present in employment, education and in the provision of services.
Between March and September 2017 the government's equalities office consulted on whether legal protection for victims of caste-based discrimination could best be protected through developing case law (where caste can be seen as an aspect of ethnicity) or by outlawing caste through the Equality Act 2010.
A provision in the act that enabled secondary legislation to be passed by a ministerial order was replaced in 2013 by an instruction by parliament to the government to outlaw such discrimination. Following this consultation, the government proposes to repeal these provisions.
Over half of the respondents to the consultation were 'in favour of relying on case-law'. Over 20% rejected both options, which the government considered as a call to "introduce new legislation that would prevent the possibility of caste being a legal concept in domestic law". The government rejects this position.
In its response the government said it considered it "likely that anyone who believes that they have been discriminated against because of caste could bring a race discrimination claim under the existing ethnic origins provisions in the Equality Act 2010".
It argues that there is no universally accepted definition of caste, and so "case-law can be more flexible and allows the concept of caste to be developed and refined over time" – but only in cases where a claimant can show that their caste is related to their ethnic origin, religion or belief.
Meena Varma, Director of Dalit Solidarity Network UK, was shortlisted for the 2018 Secularist of the Year award for her work tackling caste based discrimination. Speaking at the event earlier this year, she said: "Caste discrimination is a human rights issue and can only be addressed when it is seen through a lens separate to religion and when the rich and powerful are not the only ones to have the ear of governments."
NSS: government not doing enough on caste discrimination
Posted: Thu, 2 May 2019 18:13
The National Secular Society has warned that guidance on the relationship between 'caste' and the 2010 Equality Act "does not do enough" to tackle the problem of caste discrimination.
The unpublished guidance, seen by the NSS, is due to be distributed by the Government Equalities Office with the aim of helping employers and organisations handle complaints regarding caste discrimination.
The guidance follows the government's announcement in 2018 that it would not explicitly recognise caste-based discrimination under the Equality Act 2010.
The announcement defied a formal UN recommendation to legislate "in accordance with the UK's international human rights obligations" and was criticised by the Equality and Human Rights Commission.
The latest guidance says that the existence of caste discrimination is "strongly contested" and refers to instances of caste discrimination as "alleged". It cites examples of "alleged" caste discrimination including a social services carer who refused to bathe a 'low caste' woman, and a worker who refused to clean his own spillage because he said a 'lower caste' employee should do it.
Research published on the government website has estimated that at least 50,000 (and perhaps in excess of 200,000) people living in the UK are regarded by some as 'low caste' and at risk of caste discrimination. The research found evidence of caste-based discrimination, harassment and bullying present in employment, education and in the provision of services.
The guidance says that while caste is not specified as a protected characteristic in equality law, it may "in some circumstances be seen as an aspect of a person's ethnic origins", which is included in the protected characteristic of 'race'.
However, the guidance adds that a previous case that recognised caste as an aspect of race is not "a definitive statement of whether caste is or is not within the scope of the [Equality] Act".
It says complaints about caste discrimination "must be taken as seriously" as complaints about discrimination because of skin colour or nationality. It also gives details on what actions potential victims of caste discrimination can take.
The NSS campaigns for caste-based discrimination to be explicitly recognised as a form of discrimination under UK equality legislation.
Megan Manson, campaigns officer at the NSS, said: "Caste discrimination is very poorly understood in the UK, so guidance that helps to highlight the problem is welcome. The guidance rightly says employers must take reports of caste discrimination as seriously as reports of other forms of discrimination.
"However, this guidance does not do enough to tackle the problem; without specific legislation to protect those affected by caste discrimination, the help that this guidance provides is very limited. There will continue to be victims of caste discrimination who are unable to effectively seek justice due to the vagueness on caste discrimination in equality law, and the prohibitively expensive nature of relying on uncertain case law.
"It is also disappointing that the guidance does not fully acknowledge that caste discrimination exists. Referring to the existence of caste discrimination as 'strongly contested' is no doubt a bid to appease religious groups that want to deny the problem exists, or even retain social structures that give them privilege.
"Until the government fully acknowledges caste discrimination is a genuine social problem, we are unlikely to see the legislative changes desperately needed to protect people from unequal, unfair and unjust treatment."
Meena Varna, director of the Dalit Solidarity Network UK (DSN) which helps those affected by caste discrimination, called the guidance "very confused".
She told BBC Radio 4 that DSN would prefer "specific legislation to protect victims of caste discrimination."
She said the guidance may eventually be "of some use" to back up legislation, but added that it could not replace "any form of legislative protection".
She also said the guidance is "not totally clear" and "not helpful to even the people they're saying it's for".
Varna was shortlisted for the NSS's 2018 Secularist of the Year award for her work tackling caste-based discrimination.
Satish Sharma, a trustee of the National Council of Hindu Temples, told BBC Radio 4 the guidance should use the word 'class' rather than 'caste'.
He said the "Hindu community" believes "there are certain general characteristics which are stronger in some people than there are in other people". He claimed that using the word 'caste' is an "attempt to denigrate" Hindus.
But the guidance says there are "significant differences" between caste and class, including the perception that class is connected to "an individual's education, wealth or occupation" while caste is connected to "an individual's birth and decent", meaning it is "difficult or impossible" to change caste.
The National Council of Hindu Temples is a registered charity that promotes "the advancement of Hindu religion". It has been subject to multiple investigations by the Charity Commission for England and Wales for appearing to endorse political parties and hosting a speaker who has promoted extremist nationalist views.
Megan Manson added: "It is positive that the guidance does not conflate 'caste' with 'class', as some Hindu groups have demanded."
NSS: New Government must act to outlaw caste discrimination
Posted: Tue, 12 Jul 2016 13:13
The National Secular Society is calling on the new government to legislate to outlaw caste discrimination, as directed by Parliament and the United Nations.
During a House of Lords debate this week, the Government rebuffed repeated cross-party appeals to legislate specifically to outlaw caste-based discrimination.
In 2010 government research found that caste discrimination could be behind incidents of school bulling, denial of school places and workplace discrimination.
The new Prime Minister, Theresa May, has spoken of building a "better Britain" that "works for every one of us" and the NSS has urged her to tackle caste discrimination to protect vulnerable members of society.
Keith Porteous Wood, the National Secular Society's executive director, said: "Without clear legislation those suffering from caste discrimination are not being protected. We call on Theresa May to honour parliament's will, our international obligations and those subject to caste discrimination by outlawing it. We are hopeful she will be responsive to this."
During the debate in the House of Lords the Conservative peer Lord Deben said that the new Prime Minister's "first principle was to ensure that all people had a fair do in life."
"Can one possibly say that and yet exclude from the fair do in life those who happen to be Dalits? This is the first chance that a new Government have got to stand up and tell this House that they intend to obey the law. The only alternative is to tell this House that they intend to disobey the law. I do not believe that is a proper position for any Government."
He said that refusing to explicitly recognise caste-based discrimination as a form of discrimination under UK equality law, despite promising to do so, had brought "shame on our democratic system".
Baroness Flather (pictured right) said there was a need to recognise that Hindu organisations "have a lot of connections in ​Parliament" and "have quite a lot of pull in this matter".
Seven peers, four of them Honorary Associates of the National Secular Society, spoke in the debate in favour of legislation to outlaw caste-based discrimination. Baronesses Flather and Thornton, Lords Cashman, Deben, Desai, Harries and Lester were scathing about the Government's failure to legislate, on grounds which Mr Wood described as "disingenuous".
The Government claimed that it "may well be" that case law, and in particular a recent Employment Appeal Tribunal ruling, "provides the appropriate level of legal protection that is needed against caste discrimination."
But Mr Wood said: "The ambiguous and untested case law which the Government relies upon to deflect calls for explicit legislation in this area fails to meet our international obligations and our societal obligations to vulnerable members of low castes."
Only one peer, Lord Popat, spoke explicitly against legislation on caste discrimination, saying that "The British Hindu community has felt somewhat persecuted by this caste discrimination campaign."
Mr Wood added: "This presumably means those of higher castes. That is no reason to deny legislative protection to the oppressed. As the late Lord Avebury put it, that would be 'like saying that ending apartheid in South Africa was wrong because white organisations were opposed to the idea'."
Parliament's direction to legislate on caste came in the Enterprise and Regulatory Reform Act 2013, with an instruction to the Government to "make an order which includes 'caste' within the definition of 'race'" in the Equality Act 2010.
In 2012 the UN recommended that the UK "eliminate discrimination against caste".
Despite this, no action has been taken.
