Our UK Lobbying
Outlaw Caste Discrimination in the UK Despite the euphoria of 2013 when the Government surprisingly...
Outlaw Caste Discrimination in the UK
Despite the euphoria of 2013 when the Government surprisingly introduced their own amendment to the Enterprise and Regulatory Reform Bill (now Act) making it a duty to activate Clause 9 (5)(a) of Equality Act, and make ‘caste an aspect of race’, we are still waiting for the implementation of the legislation. The UK Government stated that it awaited the outcome of the ruling by the Appeal Judge on a Caste legislation related to the Employment Tribunal – Tirkey v. Chandok. However, six months on from the Tirkey v. Chandok judgement in 2015, which rightly found in favour of Ms Tirkey for harassment and religious discrimination, Her Majesty’s Government continues to assess whether in the light of the there is a need for specific legislation. This, despite the fact that the ruling clearly noted that it was specific to this case and all cases would need to be assessed on individual circumstances. Clarity is still essential to rid possible victims of caste discrimination of any of this ambiguousness.
Member of the All Party Parliamentary Group for Dalits (APPG) and leading QC, Lord Lester was very clear that it was still essential for the legislation to complete its agreed journey through parliament. Relying on case law would only clarify the situation if a case went to the Supreme Court of Appeal – a costly and unlikely exercise.
DSN-UK continues to lobby the UK Government and raise the issue of caste discrimination in the UK.
The House of Commons summary, The Equality Act 2010: caste discrimination can be accessed here.
We want Justice Now!
This was the rallying cry from the 100s of protesters that assembled outside Parliament Square on Monday 4 March 2013 to protest against the UK government’s decision NOT to legislate against caste discrimination – despite provisions enabling it to do so in the Equality Act 2010. Our government has continued to fail to provide the necessary legal redress and protection for victims of caste discrimination in the UK.
In its long awaited response to the National Institute for Economic and Social Research report (published 2010), on Friday 1 March 2012 the government released a statement that it would not enforce legislative measures, but instead introduce an educational programme to address caste discrimination in the UK
This, despite the fact that the NIESR report specifically recommended legislation to provide explicit protection, summing up that educational measures were unlikely to work.
So why ignore these recommendations, why ignore the voice of the Dalits who have consistently demanded legal recourse as being the only way to get justice ?.
In the end, Dalit groups won the day as the protest culminated in a House of Lords amendment to legislate against caste discriminating.
Members of the All Party Parliamentary Group for Dalits, Lords Harries and Avebury and Baroness Thornton, joined by Lord Deben from the Conservative Party moved an amendment in the Enterprise and Regulatory Reform Bill to bring caste in to the Act as an aspect of race – thus outlawing it in the UK.
[All photography : David Bonitto ]
hit the links below to view more pics
The debate began at 4.36pm with a powerful opening statement from Lord Harries – saying that he found the government’s decision to go down the education not legislation route was ‘disappointing and genuinely distressing’ and going on to state that such a programme could be ‘highly counter productive’. Lord Deben was clear “I do not think it a worthy decision’ and he was ‘not convinced by the government’s argument’.
Lord Avebury asked ‘why should caste be treated differently…to any other protected characteristic’?
The government response was not a surprising one. On behalf of the government Baroness Stowell recognised that there is some evidence of caste prejudice and discrimination taking place in the United Kingdom. However the government’s view is ‘this education programme, which will explore all the issues, not just those covered by discrimination legislation, is an appropriate and targeted way of dealing with incidents related to caste’
Baroness Shreela Flather, who is a Hindu of Indian origin quite pertinently asked: ‘Who is going to educate whom? We have put down so many things under education that I should think they could fill a whole blackboard. Without legislation, I do not understand who will give this education and who will be educated.’
The Minister however did go on to state ’The Government are largely in accord with the aims of this amendment. We all want to see an end to caste-based prejudice and discrimination. We are not closing the door to legislation. We have no plans to remove the power from the Act, and we will leave it there in case new evidence emerges…’
We are still wondering how much more evidence there needs to be. Plenty has now been amassed over the past 10 years and documented from the Dalit Solidarity Network UK report in 2006, to Anti Caste Discrimination Alliance in 2009 and the National Institute’s ‘robust’ report in 2010.
The amendment went to a vote at 6.05. And we had a result! 256 peers voted for the amendment – with support from all sides of the House and all parties; 153 voted against. At 103 votes in favour, it was an outstanding and comprehensive victory.
We know that other discrimination legislation did not change hearts and minds overnight. What they did do was to begin to change behaviours. Only when we had a law to protect and made certain discrimination morally and legally wrong did we see a change in attitudes. Lord Deben ended his speech by imploring the government ‘… do not fail the Dalits’.
We need a ‘big result’ in order to persuade Maria Miller MP to trigger the ‘Clause’
As you may know, despite the inclusion of caste as a factor of discrimination in the 2010 Equality Act, the lack of Ministerial activation of Clause 9(5)(a) has prevented access to recourse and justice to those who have faced this ‘hidden apartheid’.
The importance of this has been exemplified with an on-going employment tribunal – Coventry solicitors Vijay and Amardeep Begraj v. Heer Manak Solicitors. The couple have recorded over 100 instances of discrimination including harassment, reduced pay and unfair dismissal – all because they formed a relationship across the invisible caste divide. This is the first case of caste discrimination to gain such widespread attention in the UK; though of course, this has been a growing issue for a long time.
As we wait for further developments in the case of the Begraj dispute, we urge you to sign a petition to indicate your support for our call to the Minister for Equalities, Maria Miller MP to activate the aforementioned clause in the Equality Act, and ensure that caste discrimination is outlawed in the UK.
You can sign the petition here:
Successful Meeting at the ‘House of Lords’
Lord Avebury with Santosh Dass of ACDA and representatives of other Dalit Ngo’s
The meeting at the House of Lords organised by the Anti-Caste Discrimination Alliance was brilliantly chaired by Lord Avebury (pictured)
The meeting was well attended by a large number of interested individuals and several Dalit organisations including ACDA, CasteWatch, DSN-UK and Kanshiradio (Radio Station based in Woverhampton)
A ‘Joint Statement’ was read out on behalf of all the groups and will be sent to Maria Miller MP , the Minister for Equalities.