By Prakash Shah
This booklet discusses the salience of the caste query in united kingdom legislations. It presents the heritage to how the caste provision got here into the Equality Act 2010 and the way it used to be strengthened in 2013, and analyses many of the pursuits that performed a job in getting caste into legislation.
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Additional resources for Against Caste in British Law: A Critical Perspective on the Caste Discrimination Provision in the Equality Act 2010
That Directive was implemented, but Britain went further making legal action possible for religious discrimination also in service provision, professions, housing and education via the Equality Act 2006. This regime continues in the current Equality Act 2010. The push to include caste in the 2010 Act came from lobby groups linked to Churches that have a campaigning agenda, which appears to relate more to the Indian situation than to Britain. Briefly put, the agenda appears to be that efforts made towards gaining recognition for Christians in jobs and education reservations in India could bear greater fruit if it could be shown that Dalits, a political term employed for ‘low-caste’ people,13 enjoyed the support of the British legislature.
Some of those involved in consultations with the government prior to the 2010 legislation have said that they were led by civil servants to believe that caste would never find itself into the legislation. Others, including representatives of those assumed to be the oppressed low-caste people (Dalits), have received great support to articulate their position, which more or less accepts the Western account and paints Indian society as irredeemably caste ridden with all the features of institutionalized discrimination and racism that that implies.
The ‘facts’ that the theory of Indian corruption presumes are instead much more powerful and enduring. For instance, in 2010, Lord Lester, the leading human rights lawyer and one of the architects of the earlier Race Relations Acts, tabled an amendment to introduce descent into what was the Equality Bill in order to cover caste discrimination. Responding to the government’s plea for research to establish the case for legislation, he noted, ‘I simply do not understand why research is needed. ’4 This underlines that it is simply taken for granted that caste-based discrimination must exist.
Against Caste in British Law: A Critical Perspective on the Caste Discrimination Provision in the Equality Act 2010 by Prakash Shah