California Governor Rejects Ban on Caste Discrimination

08-10-2023
PixelVortex
California Governor Rejects Ban on Caste Discrimination
Aerial view of highway 101 and San Francisco's skyline in San Francisco, California, U.S., October 28, 2021. Picture taken October 28, 2021.
REUTERS/Carlos Barriaof
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In a significant setback for activists fighting against caste discrimination, California Governor Gavin Newsom has vetoed a bill that sought to explicitly ban caste-based discrimination in the state. The bill, known as Senate Bill 403 or SB 403, aimed to make California the first U.S. state to enact specific legislation against caste discrimination. However, Newsom argued that existing laws already prevent ancestry discrimination, making the bill unnecessary.

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The California legislation focused on addressing caste discrimination prevalent in South Asian and Hindu immigrant communities by including caste as a protected class under the state's anti-discrimination laws. State Senator Aisha Wahab, an Afghan American, introduced and authored the bill in March. After undergoing revisions, it passed the state Assembly and Senate with near unanimous support.

Caste was defined in the bill as "an individual's perceived position in a system of social stratification on the basis of inherited status." Advocates believed that explicitly outlawing caste discrimination was crucial, as it is seen as similar to other forms of discrimination such as racism. However, opponents argued that existing U.S. laws prohibiting ancestry discrimination already covered this issue and further legislation could unfairly stigmatize the entire community.

Newsom's veto comes as a blow to the movement against caste discrimination in North America, which had gained momentum in recent months. Earlier this year, Seattle became the first U.S. city to outlaw caste discrimination through a city council vote. Similarly, Toronto's school board recognized caste discrimination in city schools, marking a significant step in Canada. Last month, Fresno became the second U.S. city to ban caste discrimination after a unanimous city council decision.

The issue of caste discrimination holds great significance for Americans of Indian descent and Hindus, as an increasing number of Indians and South Asians have settled in California and Silicon Valley. Several major technology companies, led by individuals of Indian origin, have been forced to confront the presence of caste discrimination within their organizations. Prominent figures, including Alphabet CEO Sundar Pichai, Microsoft CEO Satya Nadella, and IBM CEO Arvind Krishna, have expressed their commitment to tackling this issue.

Originating thousands of years ago, the caste system is one of the world's oldest forms of social stratification, offering privileges to upper castes while oppressing lower castes. The Dalit community, at the lowest rung of this system, has been historically subjected to severe discrimination and marginalized as "untouchables." Although India outlawed caste discrimination over seven decades ago, studies indicate its persistence. Lower caste individuals remain underrepresented in higher-paying jobs, and instances of abuse against Dalits continue in various parts of India.

Discussions surrounding the caste system remain contentious, often intertwined with religion. While some argue that discrimination is now rare, particularly outside of India, others emphasize the ongoing challenges faced by lower castes. It is worth noting that Indian government policies reserving seats for lower-caste students in top Indian universities have enabled many to secure prominent tech jobs in the Western world in recent years.