By Kenneth Tiven
Caste discrimination is about to be explicitly added to California’s anti-discrimination laws, controversial in a state with the largest Asian origin population in the USA. With more than 40 million residents, it is 12% of the nation’s population and a much larger percentage of its economic well-being. Gavin Newsom, the Democratic governor of the state, has not rushed to sign the bill banning caste discrimination, but most likely will make it a law. He’s been the mayor of San Francisco, lieutenant governor, and now governor in the past 20 years, and is acquainted with the issues on all sides.
The concentration of the hi-tech industry has brought a more balanced range of Indian immigrants, accentuating the caste issue. For example, it is estimated that more than 25,000 Sikhs in California and the well-organized gurdwaras have been organizing support in favour of this legislation. The Hindu American Foundation (HAF) wrote on social media: “This divisive bill that still implicitly singles out/targets South Asians must be vetoed @GavinNewsom!” Many Dalit activists disagree, saying they have experienced discrimination from people of a privileged caste.
In 2018, the first extensive study of caste distribution and its effects in the US had over 1,500 respondents. It concluded that those from “lower castes” fear retaliation and worry about being “outed” and hence “hide their caste”. Two years later, the technology company Cisco was sued by California for discrimination after two high-caste Indian managers allegedly paid a Dalit engineer a lower salary than comparable workers. California is a Pacific Ocean state, and no surprise that Asian emigration has grown by 25% in recent decades. Asians and Hispanics now outnumber people who identify as white in California. America’s complexion is changing, underlying some of the polarization visible in political life.
Seattle became the first US city to ban caste discrimination in February. If signed by Newsom, the California measure would add caste as a protected category in the state’s anti-discrimination laws alongside gender, race, religion, and disability. Five Republican state senators voted against the legislation, arguing that discrimination was already illegal under state law.
The measure passed California’s state senate by 31-5, and was sponsored by Democratic state Senator Aisha Wahab, who said: “We shined a light on a long-hidden form of discrimination thousands of years old, invisible shackles on the wrist of millions of people.” Wahab is the first Muslim and Afghan-American woman elected to the state legislature.
However, a significant section of the Indian diaspora rejects caste discrimination claims. Deepak Aldrin, a San Francisco-based Dalit activist, said about the bill: “I’ve lived here for 35 years. No Hindu has ever asked me what caste I belong to.” Strong opposition also comes from many Indian-American, religious and professional groups, who argue that even though it does not explicitly name their religion, it will “discriminate against Hindus, their place of worship and even make them less hiring worthy.”
While opponents said the existing laws in California are sufficient, their efforts to kill the bill before passage failed. Dalit rights activists insist scores of caste-oppressed Californians face discrimination. Wahab explained the bill does not include details, for example, listing caste systems. “There is no language on how caste will be determined. This is simply an anti-discrimination bill. When somebody takes a matter up to the courts, that is usually when subject matter experts are engaged, the type of discrimination potentially that has taken place [is investigated],” she said. Wahab said she has received “death threats” after proposing the bill. She now faces a recall campaign and a possible re-election. She added that the “visceral reaction” to the legislation is “disheartening” and has urged Californians to read the bill. “Whether you’re upper caste or lower caste, it does not matter, it will protect you as well,” she said.
—The writer has worked in senior positions at The Washington Post, NBC, ABC and CNN and also consults for several Indian channels