My Thoughts on and Objections to Adding Caste as a Category in Seattle’s Anti-Discrimination Law
My Thoughts on and Objections to Adding Caste as a Category in Seattle’s Anti-Discrimination Law
By Rajiv Sharma
1. Problem of definition
Caste is not a well-defined category. Hindus strongly object to the wrong portrayal and misuse of the Hindu' Varna' system as a caste system. There is no mention of a birth-based caste-like structure in any Vedic Hindu scripture. There is no precise equivalent for the word 'caste' in any of today's multiple Indian languages. Caste is a loosely defined social construct of ‘jati’ (explained later in this text) sloppily added into the governance structure in the last two centuries in the Indian subcontinent. Before any caste laws can be implemented in the US, the word 'caste' should be appropriately defined. In this context, it is worth noting that in the US, even the 'race' categories (White, Black, Asian, Native American, Pacific islander, etc.), which are much simpler and smaller in number than caste categories, are not adequately defined. Immigrants from the eastern hemisphere of the earth, specifically from any of the dozens of disparate countries between Pakistan and Japan, are considered Asian. Afghan refugees are considered White, while immigrants from Africa are considered Black even if they have European ancestry. How do we ensure that caste categories will be defined appropriately, how many should there be, and which caste categories face discrimination in US?
2. Problem of identification
Who will define caste for individuals? Will it be self-reported? Will a taxpayer-funded program be created to document and ensure people correctly report their caste? Will an individual’s caste be based on the list of protected castes published by a local state government in India, which contains thousands of castes? Every state in India has its own long and unique list of castes covered by affirmative action. A caste could be protected in one state but not in another. Similar to the cases of people misreporting themselves to be Native American, there are more than abundant cases in modern India where people get fraudulent documents to avail of caste-based affirmative benefits. Is it prudent to base US laws on relatively low-scrutiny documents that can be fraudulently acquired in a foreign land?
3. Problem of implementation
Implementing a law based on loose, inaccurate definitions will create more harm than good. Adding caste to US laws will lead to frivolous lawsuits and open floodgates of baseless allegations. Anybody can claim to have been discriminated against by someone based on their made-up caste. Who bears the cost of creating the legal framework and educating US organizations to handle caste complaints and cases?
4. Caste law is discriminatory to Hindus
Caste (instead of Varna) is incorrectly projected to be a structural part of Hinduism in the US education system. Many Hindus, not thoroughly knowledgeable of their scriptures, also think so. Caste is a social/political label based on birth. In contrast, varna is a marvelous system of segregation of power in society based on the abilities and actions of a person (Guna and Karma as per Bhagwat Gita) and not based on birth. Birth-based discrimination is unfortunately prevalent in all major religions in the Indian subcontinent. Large sections of the Muslim, Christian, Sikh, and Buddhist population are considered Dalit or
the lowest caste. Before any caste-based law is implemented, a clear distinction should be made between the Hindu Varna system and the Caste system. Caste law, if considered, should add a clear disclaimer that caste has nothing to do with Hinduism; otherwise, caste laws would be considered discriminatory against US residents practicing the Hindu faith.
5. Caste law is discriminatory to Indian immigrants
Britishers were the first to do a caste census of India after they had colonized the vast subcontinent. It is well documented that they were frustrated that many Indians did not know their caste. Many equated caste with 'jati,' hereditary and location-based group identification. The 'Jati' is a fluid system that changes with the place and has evolved over time. Its impact is predominantly in personal preference for marriage, socializing, resource sharing, etc., Most educated Indians and the mobile workforce refrain from identifying themselves with 'jati' and consider it a social-political ill. Unfortunately, this social evil of the birth-based caste got codified into law after India's independence, despite strong objections from B.R. Ambedkar, the chairman of India's constitution drafting committee. The evil of caste has now deteriorated into a big political issue in recent India. Are such socio-political ills prevalent only in India and not in any other county at any time in history? Unless part of a broad study to identify socio-political problems from all immigrant countries, a caste law would be considered discriminatory for singling out socio-political issues of immigrants from India.
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I posted my comment below to Kshama Sawant’s article in TOI.
“Agree with Kshama Sawant that anti-caste does not mean anti-Hindu, because caste, as understood today, has no relationship with Hinduism. No Hindu scripture mentions a birth-based hierarchy. Many Hindu saints opposed caste-like jati structure as a social problem in Indian society. Requesting Kshama to get the Seattle caste law appended with this important Disclaimer: 'Caste is not part of Hinduism' because ordinary Americans and many ignorant Hindus incorrectly think that caste is an integral part of Hinduism. Else how do you prevent Hindus from considering caste law as anti-Hindu? On their part, Hindus must study the marvelous Hindu varna system based on one's nature and actions (Guna and Karma per Bhagwat Gita) and not based on birth to counter equating caste with Hinduism. However, the Seattle caste law can be considered anti-India because it singles out a political/social issue from one part of the world. Do other immigrants have no social/political issues in their home countries?
To implement this law, would the USA rely on the protected caste lists created by the local state governments in India and update them regularly? How does the author respond to the accusation that such caste documents can be fraudulently obtained in India without much scrutiny for the benefits of affirmative action? Clearly, caste cannot be properly defined or identified for an individual in the USA. Wouldn't implementing such a poorly defined and seemingly discriminatory law create more harm than its intended good?”
