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8 min read

Untouchable: experiencing discrimination around the world

In America it’s in the headlines, while in India it continues to influence. Rahil Patel explores caste discrimination and finds out who helped craft constitutional protections for those affected.

Rahil is a former Hindu monk, and author of Found By Love. He is a Tutor and Speaker at the Oxford Centre for Christian Apologetics.

A group of protesters march behind a banner waving flags.
Supporters of the caste discrimination bill march.
Equality Labs

Cisco is a highly successful California based tech company. It has an annual revenue of $57 billion and boasts of many awards and prizes.  Great Place to Work placed Cisco at number one on its 2023 list. But what has this to do with caste discrimination? Well, 33 per cent  of Cisco’s 84,000 employees are of Indian origin and the company is struggling under a lawsuit currently upheld by the California Department of Fair Employment and Housing. The widely reported lawsuit is for caste discrimination against a Dalit (Untouchable) employee. The engineer has claimed to be paid less than his peers due to his low caste status.

Is this common? Well, the high caste Brahmin CEO of Google, Sunder Pichai (of Indian origin) has also faced allegations, raised by California based civil rights organisation, Equality Labs, of “caste bigotry” that is “running rampant” within his company. 

“You can take an Indian out of India but you can never take India out of an Indian.” This was the sorrow filled saying I heard amongst well meaning fellow Indians whilst growing up in the United Kingdom. It usually cropped up when my Indian relatives and friends were confused by the appalling attitudes of other fellow Indians and trust me, it was quite common.  

In October 2023, the Governor of California, Gavin Newsom vetoed a Bill to outlaw caste-based discrimination across his state. His decision was met with anger and rage from low caste Indian Dalits and from those who are fighting alongside them to ban discrimination amidst this rigid but ancient Hindu social structure. 

It may surprise us in the west that the city of Seattle in Washington State was the first city in the USA to outlaw caste discrimination followed by Fresno in California.  

But is this just a moral battle against an enemy that doesn’t really exist and a lame excuse to protest away with ‘Dalit Lives Matter?’ Or is there a tiny surreptitious fire carefully kindling away underneath the blinding smoke that mustn’t go unnoticed?  After all, we are in the west…right? Of course we believe in equality…right?  

The Swaminarayan Movement, America’s largest and most influential Hindu tradition saw the FBI raid it's temple compound in Robbinsville, New Jersey in 2021 for illegally importing Indians from India and illegally paying them below the national wage as well as confining them to the temple compound. The FBI raid rescued 200 workers who were largely from Dalit or Tribal castes.  

When I was training in India to be a Hindu monk I remember recognising the harsh reality of the caste system in one single moment. One day, after I had finished a conversation with a friend in the temple compound I turned to head back to my room when I saw a young boy waving to me far away from the temple gates. I waved back and gestured to him to come in and talk but he stayed rooted to the spot. A little confused, I walked over and asked, “why don’t you come inside the compound?”  

“I can’t.” He said,  

“Why?” 

“I’m  a Dalit…I can’t even touch you!”  

Thinking back over that mind numbing moment I can’t help imagine how hard it must have been for the woman in the Bible with the issue of blood who touched the hem of Jesus’s garment within the rigid culture of the time. The difference I guess is that Jesus turned to the broken hearted  woman and healed her and then called her ‘daughter’ and defined her real identity as a result.  

If the Dalit boy on the other hand came into the temple compound that day the security guards would have typically hit him with a long stick to drive him out of the temple gates. If he had touched me in the meantime I would have had to immediately go for a bath with all my clothes on and ensure that I didn’t touch any other human being or even a book or a pot on the way! 

PM Modi’s comment has a pernicious and curious undertone. If Dharma is first then one is obliged to follow the caste system diligently. 

Bhimrao. R Ambedkar was a brilliant economist and lawyer who studied at the London School of Economics. When his genius mind was called upon to draft the new constitution for independent India he was all too aware of how Hinduism was not so compatible with democracy. The idea of equality and dignity was evidently embedded into western institutions to his mind and Ambedkar knew very well that these ideas were founded on Judeo Christian principles, primarily, that all are created in the image of God. In other words, equal. Being a Dalit himself, Bhimrao knew the pitfalls of Hinduism’s caste system and the anarchical society it would create if the institutions left behind by the British were replaced with caste based ideas. As a result he crafted a constitution based upon Christian principles ensuring that all castes were allowed the opportunities and privileges from the state and its institutions by law. Sadly, although the state provided those privileges and protections by law in 1952 when the constitution came into effect, the society in India at large until this day does not. India exports it to the west as well.  

When the current Indian Prime Minister Narendra Modi gave his speech on National Human Rights Day in India a few years ago he emphasised to the nation that Dharma needs to be held first before Human Rights… if Dharma is pursued, he insisted, Human Rights would follow. Dharma simply put, is to pursue one’s duty and righteousness as according to Hindu tradition.  

At a quick glance here one is reminded of what Alexander Solzhenitsyn said during his Harvard Commencement Speech in 1978. He told his audience that it was time that the west upheld human obligation more than human rights. He had a valid point to state in a significantly individualistic culture which still prevails in the west but PM Modi’s comment has a pernicious and curious undertone. If Dharma is first then one is obliged to follow the caste system diligently.  

 

It has taken an incredibly long time to carve away at the negatives of the caste system in India but it is nowhere near the end. 

Krishna who is the most widely revered incarnation of God in the Hindu world told his disciple Arjuna to fight and kill his cousins and teachers on the battlefield of Kurukshetra as it was his Dharma to do so. As a Kshatriya warrior caste Arjuna was not meant to meditate in the forest but fight and kill, as is laid out quite clearly in the beginning chapter of the Bhagvad Gita scripture.  

Although the Gita scripture is quite a complex context to unravel here, in today’s India and in large parts of the west placing Human Rights behind Dharma can be quite dangerous. It somewhat validates the violence towards those of other faiths and endorses a dislike to those of a lower caste.  

The need for  individual freedom from caste based social structures in India was introduced to the British Parliament by William Wilberforce and Charles Grant in 1793. Interestingly, it was the same year that the cobbler-turned missionary William Carey snuck into India against the rules of the British East India Company. The company knew that if missionaries entered the country they would battle against the unfair social order and upset the high caste Brahmins.  And that would hinder their lucrative trade.  

Wilberforce and Grant along with other devout Christians fought in Parliament for 20 years until in 1813 a law was passed to allow missionaries passage into India. These men and women of God began to transform the subcontinent and provide education and health care for all castes. Teaching and training the Indian mind that God created male and female first (in his image) and they then created a social order as per God’s guidance whilst  cautiously deconstructing the idea of God creating a social order first and male and female after. 

It has taken an incredibly long time to carve away at the negatives of the caste system in India but it is nowhere near the end.  

Sadly, the caste hierarchy has infiltrated parts of the Christian faith in India too. Dalit Christians who are made in the image of God cannot enter certain churches.

What fascinates me however, is when a Dalit leaves India, in most cases, a lot of India leaves them! They are quite successful. In a society like India one is made to believe (in large part by the communities) that past life karma has destined the individual to be a Dalit and so one must continue to clean the gutters and carry away dead dogs. But when a Dalit enters into a land like the USA or  the UK where notions of equality and freedom are based upon Christian values the thinking of that individual changes drastically. A Dalit engineer filing a case against his seniors is inconceivable in large parts of the Indian community in India. 

But the issue of caste is not the domain of Hinduism alone. Buddhism in Sri Lanka and Myanmar is very much entrenched in a caste based order which is quite an irony as abuse of this social order was one of the main reasons Gautam Buddha established the faith.  

Sadly, the caste hierarchy has infiltrated parts of the Christian faith in India too. Dalit Christians who are made in the image of God cannot enter certain churches and where they can in some parts they are not allowed to sit in the pews but on the floor, at the back.  

Author E.M Forster lovingly did say that India is both a mystery and a muddle.  

The late Christian and author John Stott wrote in his book The Cross that Jesus was facing the most excruciating pain in the garden of Gethsemane not because of the cross and its horrific nails but because Christ was about to be touched by sin. God readily touches us even though we are untouchable.  

The relentless work by William Carey, Wilberforce, Grant and other Indian reformers began to change the Indian mindset primarily by introducing the notion of love and freedom at every level of Indian society. Do we have the will to continue respectfully that fight?  

Essay
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8 min read

The country needs fixing, here’s where to start

Turning back the clock, closing the gates, and putting up more flags, is not the answer
A commemorative blue plaque on a a wall is smashed to pieces
Julian Hochgesang on Unsplash.

This is the third in a series of articles clustered around the ideas of constitutionalism, Christianity and national identity. The first article set out the case for a new written constitution in order to protect against the authoritarian reactionary populism that threatens to undermine democratic norms and institutions. The second article made a distinction between England’s ‘metaphysical’ constitution and its ‘mechanical’ constitution – arguing that the former is in need of restoration, and the latter in need of thorough reform.  

This article concludes with a plea for peace and unity. There is not much, in this increasingly febrile and polarised political climate, that left and right agree upon. Who is responsible for the mess we are in: the Romanians or the Etonians? Against whom should we direct our ire: the people in small boats in the Channel, or the people in big yachts in the Cayman Islands? Was Thatcher a hero or a villain? Was the purity of Brexit bliss betrayed by scheming Remoaners, or was leaving the European Union always going to be a disaster? 

What we can agree upon, however, is that something is deeply broken. While we might disagree on the causes and the solutions, the unavoidable evidence of brokenness is before our eyes. In every area of daily life, things are – to use the most fitting vernacular expression – ‘a bit pants’. Perhaps things are not utterly dire, in the way that much of somewhere like Sudan or Burma is utterly dire, but they are nevertheless far from the standard that one might reasonably expect from the rich, first world, country we still claim to be.  

Park life 

Go, for example, to your local park, if there is one. Observe the broken glass, the graffiti, the used condoms, the discarded drug paraphernalia, the joyless air of bleak menace in a place that should be a happy sanctuary for children and families. If that description does not match your experience, perhaps you are one of the lucky ones, who lives in a good area – but many of your fellows, in dull decaying provincial towns, are much less fortunate.  

Parks are just one manifestation of a land in the doldrums. One might just as well point to the fact that since privatisation water companies have not built any new reservoirs, or to uncollected rubbish piling up in the streets of Birmingham, or to the difficulty of getting an NHS dental appointment. Everything is tired, run down, threadbare, falling apart.  

Those in charge, nationally and locally, are stretched between the irreconcilable demands of expanding needs and tight budgets. Engulfed by short-term crisis-management, they lack the ability to look up, grab the situation by the horns, and bring about the fundamental, structural and systematic change that is needed to actually fix things.  

The decay is evident, too, in society at large. Employment, for those who can get it, is characterised by low wages and precarity. Housing costs are absurd. People at all levels have become exhausted, demoralised, bored and lacklustre, locked in an ‘overwhelm paralysis’. The public mood has become despondent, cynical, ineffectually angry, but also frightened. Many are grimly hanging on, just going through the motions to the minimal extent necessary to endure the week, and afford the month. Even basic civility and politeness have worn thin.  

This is a far cry from a ‘Land of hope and glory’. Indeed, if one were to take honest stock of things, one might conclude that we live in a state where there is none righteous, and where all have sinned and fallen short of the glory of God.  

Cobwebbed constitution 

In making this sudden metaphysical turn – jumping from the decay, despondency and desperation evident around us, to the realm of the spirit – I do not wish for a moment to minimise the importance of such mundane human affairs as ideologies and policies. What government does and does not do, and what law allows or prohibits, matters. It should be no surprise that if governments leave undone those things which they ought to have done, and do those things which they ought not to have done, then there will be, at the end, ‘no health in us’.  

Still less would I wish to neglect the role of institutions and structures – and, ultimately, the constitution itself. The woes we experience, in terms of bad policy and poor execution, are largely the result of an ill-constituted state. The words of Tom Paine (a man ill-remembered by history, but one of the few Englishmen to have understood the centrality of constitutional matters) are as true today as when he penned them more than two centuries ago:  

‘For want of a constitution in England to restrain and regulate the wild impulse of power, many of the laws are irrational and tyrannical, and the administration of them vague and problematical.’  

When it comes to mending a country in decline, the first thing to do is to make sure the constitution is sound, and that the institutions of democracy and governance work as they should. Behind all the policy and governance failures, of both Conservatives and Labour, lies the fact that we are governed by the cobwebbed remains of a once mighty commercial imperial state, now hollowed out by neoliberalism, without any clear ethical principles to direct or sustain it. To expect good outcomes from such an ill-constituted state would be as absurd as expecting to gather figs from thorns, or grapes from briers. 

We might even put it in these terms: Every good constitution brings forth good government; but a corrupt constitution brings forth evil government. A good constitution cannot bring forth evil government, neither can a corrupt constitution bring forth good government. 

Constitutional renovation has therefore become a precondition for the restoration of the legitimacy, credibility, authority, and moral integrity of the state, as well as for the health, well-being, and prosperity of the people. This calls for quite a different project of national renewal from that offered by offered by the parties of the reactionary right. Simply turning back the clock, closing the gates, and putting up more flags, is not the answer.  

Governo largo 

The centrepiece of a national renewal project should be constitutional: to create a truly ‘public state’ – a democratic state founded upon, oriented towards, and capable of serving, the common good. Tend to that tree, water its constitutional roots, and the fruits will follow.  

Again, Paine tells us what the fruits of that good tree are, and therefore how to recognise when the constitutional tree is healthy:  

‘When it shall be said in any country in the world, my poor are happy; neither ignorance nor distress is to be found among them; my jails are empty of prisoners, my streets of beggars; the aged are not in want, the taxes are not oppressive; the rational world is my friend, because I am the friend of its happiness: when these things can be said, then may that country boast its constitution and its government.’ 

This is little more than a restatement of the basic Aristotelean distinction between good and bad government. Good government (the well-constituted state, or ‘polity’) governs in the public interest, for the common good, while all forms of bad government – tyranny, oligarchy and populism – govern in the private interests of the rulers, perverting public power for personal gain. 

The renaissance Italian statesman, Francesco Guicciardini, highlighted this distinction in clearer, more binary terms. He contrasted the ‘governo largo’ with the ‘governo stretto’. A governo largo is a wide, open, broad-based government, in which power is broadly shared and publicly accountable, so that public life is centred upon public needs. It is system of government not only by and of the people, but also for the people. ‘Governo stretto’, in contrast, is a narrow, restricted, closed, private, self-seeking, public-ignoring state. 

The first attempt at constituting a ‘governo largo’ in England was made during the Civil Wars, with the ‘Agreement of the People’. This went through several drafts between 1647 and 1649. The title was well chosen. Real, working, constitutions are produced through a process of discussion and negotiation – ‘arguing and bargaining’ – that enables a broadly acceptable constitutional settlement to be reached. The constitution expresses what been agreed, amongst the people or their representatives, as the common foundation of the state.  

Reaching such an agreement today, in a society that has become as polarised and divided as ours, will not be easy. It is nevertheless necessary. In order to establish a state that serves the common good, we must have some agreed foundations, ground-rules, shared principles, upon which a general consensus exists. This alone can provide the basis for an inclusive, publicly-oriented, ‘governo largo’.  

This is not a radical innovation. Almost every country which has become independent from the British Empire has adopted a democratic constitution as its supreme and fundamental law. In some cases – in India in 1950, South Africa in 1996, and Kenya in 2010 – a serious attempt was made to establish an inclusive ‘governo largo’ constitution. In so doing, they sought to heal deep divisions, to reach a broadly acceptable settlement, and thereby to make good government – and with it socio-economic development – at least possible. 

Perhaps we think we are better than all that, beyond such constitutional trifles. Yet, the fact remains that our politics today – and our society today – look much more like those of India, South Africa and Kenya than, say, like those of 1950s England. Either we find ways to dwell together in unity, or we face the kind of civil breakdown which the ancients referred to as ‘stasis’, in which all notions of the common good and the public interest are abandoned in partisan, factional, sectarian or ethnic conflict.  

Here then, we must return to matters of the spirit. A good constitution is necessary, but the best constitution cannot save us. A constitution might call us to liberty – to that political freedom which enables us, as responsible citizens, to exercise care for common things, through systems of representative and responsible ‘public government’, but that is not enough, unless we also cultivate the qualities of character to use liberty well and wisely.  

Saint Paul enjoins us not to use liberty ‘for an occasion to the flesh’ – that is, to seek our own, selfish, corrupt or partisan ends. He warns us perils of stasis: ‘But if ye bite and devour one another, take heed that ye be not consumed one of another.’  He also points to that one solution by which the degeneracy of the state, and the corruption of the constitution, might ultimately be overcome: ‘all the law is fulfilled in one word, even in this; Thou shalt love thy neighbour as thyself.’ 

In other words, if we wish to seek the common good, to be well governed, to live in peace and unity, with freedom and justice, then we have to learn to love one another. Civic and political regeneration cannot ultimately be separated from regeneration of our souls.  

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