Caste as Racial Discrimination: A Human Rights Issue

"The Out-caste is a bye-product of the Caste-system. There will be out-castes as long

as there are castes. Nothing can emancipate the Out-caste except the destruction of
the Caste-system. Nothing can help to save Hindus and ensure their survival in the
coming struggle except the purging of the Hindu Faith of this odious and vicious
dogma." 1

The above words spoken by Dr. Ambedkar depict the bitter reality of the caste
system, which has existed since the very beginning of time. In the article Annihilation
of Caste, Dr. Ambekdar attempts to understand the scientific justifications that had
been introduced to support the caste system, which held that the primary object of the
evolution of the system was to protect and preserve the sanctity of purity of race and
blood. 2

Another defense that has been enumerated is that caste is the division of labour which
in turn is a crucial element feeding the necessary features required to constitute a
“civilized society”. The criticism to the same as rightly pointed out by Dr. Ambekdar
is that the Caste system helps in formulating and maintaining not just the division of
labour but also consequently the division of labourers. The caste system forms a
hierarchy system in which the different classes of labourers are pushed one above or
below the other. Such division violates the basic right to occupation and the right to
avail equal opportunities. The system promotes the ideology of selection of
occupation based on heritage or the descent of the individual. Permission to work is
dependent on the caste/descent and not on the aptitude, capability or want of the
individual. Thus, the system recognizes and encourages the social division and the
existence of its rules thereby manifesting itself as a detrimental institution at work
with the subordination of the inborn and inherent rights and powers of man. 3 The
Goonesekere Report is one such important one in the Human Rights Commission that
primarily argues that discrimination against individuals or communities based on their
work and descent constitute a gross violation of international human rights laws and
the same was found to be largely pertinent in the South Asian countries specifically in

1
www.mkgandhi.org [Dr. Ambedkar & Caste]
2
The Annihilation of Caste: Ambedkar
3
The Annihilation of Caste: Ambedkar
the countries of India & Nepal. The report highlights the above-mentioned issues of
segregation of victims on the basis of their membership in a certain type of “social
group” that has been singled out or isolated from the others. Further, the report held
that the term “descent” would cover social institutions wherein the term “caste” is
validly used and applied and thus consequently any form of discrimination that may
arise from the same would be “racial discrimination” as per the CERD. 4

Since caste based discrimination arises from and is based on ones descent and lineage,
the CERD committee has approached caste groups on the basis of descent and race by
interlinking the two; as well as based on certain other characteristics such as ethnicity
and colour consequently indicating that caste has qualities of race thus the interlink
age of the two being suitable or fitting. Similarly in doing so, the committee also
observed the notions of descent and nationality while deliberating on and clarifying
terms of “origin”. General comment number 29 that came up in 2002, helped in
making the States aware of and provoking them to recognize and address the issues
that had arisen with regard to descent based communities and groups. The comment
stated that a descent-based community is one that endures hardship based on caste,
inherited status and faces restrictions such as segregation, access to public resources
and places, limitation to freedom etc. and our subject to control, oppression and
dehumanization. 5 It was thus confirmed by CERD by this general recommendation
number 29 that the term “descent” includes discrimination based on caste6. Earlier in
1996, India being one of the affected countries had responded stating that caste could
not ideally fall within the ambit of race and that it instead formed part of class
distinction solely and the report also mentioned that conceptually the notion of race
can be differentiated from caste and the interlink age of the two would create political
issues7. In the article Annihilation of Caste as well, it is highlighted that treating
different castes as different races is completely incorrect and that the caste system is
merely dividing people that belong to the same race and not different ones. However,

4 “Dalit rights are human rights”: Caste discrimination, international activism, and the
construction of a new human rights issue by Clifford Bob
5
Confronting Racial Discrimination: A CERD Perspective: Thornberry
6
Submission on Caste based discrimination to the United Nations’ committee on the
elimination of Racial discrimination (CERD, 79th Session)
[http://tbinternet.ohchr.org/Treaties/CERD/Shared%20Documents/GBR/INT_CERD_NGO_
GBR_79_8854_E.pdf]
7
What is Caste Discrimination: Dalit Solidarity Network UK [http://dsnuk.org/caste-
discrimination/what-is-caste-discrimination/]
historically, caste arose from discrimination based on the skin colour of an individual
and thus can simultaneously be coined as the oldest and the first form of racial
discrimination that existed. 8 In the case of Tirkey v. Chandok 2014, it was duly held
that “race” must be understood and defined in its widest sense so as to include “caste”
under the term of “ethnic origin” under Section 9(1) of Equality Act. However, the
same is yet to be amended officially. 9

Though, division of labour and labourers is a fundamental aspect of the caste system,
other such facets include caste & marriage, slavery, education, socio-economic
imbalance, political rights and representation, caste & gender etc. The notions of the
purity of blood are strictly enforced through restrictions and prohibitions on inter-
caste marriage. Further, by being forced into manual labour and jobs with extremely
low remuneration allow for the workers enslavement along with alarmingly zero to
low literacy rate amongst the lower castes. This in turn creates and maintains vast
disparities between the lower castes and the upper castes. This abuse is especially
noticed with the agricultural labourers who remain landless and are exploited by the
upper caste landlords and are often paid a price below the prescribed minimum
wage.10 Discrimination based on caste has become a human rights issue because of its
very base structure, which leads to violence, social & political exclusion as noted
further above, extreme poverty, unemployment, and no access to any health care
benefits etc. By making the issue of such discrimination “international”, it aims to
essentially include all governments/states largely affected by caste discrimination
domestically and prevent them from claiming that the same is a domestic problem,
which must be dealt at the municipal level only. However, on the downside of it, caste
based discriminations still largely continue to be looked upon as social issues instead

8 Caste-based discrimination in International Human Rights Law; David Keane

9 Tirkey vs. Chandhok UK EAT/0190/14; Capturing Caste in Law: Caste discrimination and
the Equality Act 2010; Annapurna Waughray; Human Rights Law Review
[http://hrlr.oxfordjournals.org/content/14/2/359.full]
10 Caste discrimination: A Global concern A Report by Human Rights Watch for the United
Nations World Conference Against Racism, Racial Discrimination, Xenophobia and Related
Intolerance. Durban, South Africa, September 2001.
[http://www.hrw.org/reports/2001/globalcaste/caste0801-03.htm]
of actual crimes. One of the major issues surrounding discrimination based on caste is
that equal access is being denied to resources & development. 11

Thus, whether caste is being referred to or race, both are obtained by birth i.e. it is
hereditary in nature and both provoke the system of segregation based on the same
and that constitutes a human rights issue. Under the Indian Constitution as well,
Article 15 and 16 both highlight and prohibit caste discrimination as a ground along
with race. Similarly Article 17, which lays down the abolition of “untouchability”,
also in turn marks it as a form of racial discrimination. Numerous decisions in the
Supreme Court of India have defined caste as race or more specifically a “unit of
race” for the purposes of it being a ground for discrimination. It is crucial for the
Indian government and judiciary to further give an identity to caste-based
discrimination as a form of racial discrimination. 12

Bambi Bhalla

11 Report – International consultation on caste-based discrimination: Author – Bethan

Cobley; Edited & Published by IDSN 2012
12 UN Conference against Racism: Is caste race? By Ambrose Pinto; Economic & Political
Weekly, Vol. 36, No.30 2001 [http://www.jstor.org/stable/4410910]