Download Against Caste in British Law: A Critical Perspective on the by Prakash Shah PDF

By Prakash Shah

This e-book discusses the salience of the caste query in united kingdom legislations. It offers the history to how the caste provision got here into the Equality Act 2010 and the way it used to be strengthened in 2013, and analyses a number of the pursuits that performed a job in getting caste into legislations.

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Additional info for Against Caste in British Law: A Critical Perspective on the Caste Discrimination Provision in the Equality Act 2010

Sample text

0006 28 Against Caste in British Law are also the most passionate advocates of Dalit Rights in Parliament and elsewhere. Some of them are also active members of Christian organisations like the Christian Solidarity Worldwide which advocate a strong case for Dalit Rights. Meanwhile, the Lords Spiritual who sit in the House of Lords, some of whom have spoken out in support of the caste provision in the Equality Act, have been conspicuously silent about their interests in keeping the caste issue high on the agenda.

0006 Religion, Caste and Race 29 which cover a wider number of spheres. In a legal context such as the Equality Act, we are speaking of certain areas of life including employment, professions, service provision, education and housing. But these are often fused in the wider ethical framework with other concerns about caste-specific preference in marriages (Waughray 2014: 378) or disputes around temples. One may say, meanwhile, that Indian culture lacks a framework of normative ethics (Balagangadhara 2012: 82–85; Venkat Rao 2014: 308–315, 327–328) and thus an idea like equality as an ethical norm makes no sense.

Some groups who protested against being classed as low caste during the British colonial census enumerations have since claimed that they too merit being given low-caste status, and the category Other Backward Castes has expanded to bring reservations in some Indian states to over 50 per cent of the population. This must be considered in light of the fact that those who are allocated ‘backward’ status of one sort or another do not correlate to socio-economic status (Radhakrishnan 1996), which shows that policymaking on caste in India has a(n) (il)logic of its own that does not bear a relationship to social reality or disadvantage, and further confirms that the caste politics emanating from internalized Orientalism is unintelligible to Indians and cannot but have dysfunctional effects.

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