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

By Prakash Shah

This publication discusses the salience of the caste query in united kingdom legislations. It presents the historical past 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

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One may well agree with Dirks (see also Inden 1990: 72–73) that the application that he describes of colonial historiography to tradition would inevitably result in an unrecognizable distortion, because of the onset of the ‘colonial consciousness’ that Balagangadhara (2012) identifies. However, when Dirks refers to ‘non-Brahmin and Dalit voices’, the colonial power/knowledge framework somehow recedes into the background and, instead, anticolonial nationalism is made responsible for strangulating their voices.

25 Thus Lord Dholakia was able to cite the same report in argument against the need for legislation and to decry that such legislation has been pushed through. 27 The observation becomes more significant if one considers that the density of the South Asian population (Indian, Pakistani and Bangladeshi) in Leicester is some six times that in England and Wales as a whole. The background Western framework to caste means that evidence is not required for legislating against it because its immorality is clear.

0006 34 Against Caste in British Law itself. While the NIESR study did state that there is evidence of caste discrimination, it also stated that it could not establish its extent and whether it was dying out, and recommended a full research programme to answer these questions (Metcalfe and Rolfe 2010: 63). Lord Dholakia, the only Asian peer in the House of Lords to have maintained an explicit stance against the legislation, noted: However, in essence, there is a lack of evidence on caste matters.

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