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10 January 2024

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 Patel

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?

Article

Assisted dying

Comment

Culture

Politics

3 December 2024

5 min read

The assisted dying debate revealed the real role of Parliament

MPs from areas where people are vulnerable and at risk were more sensitive to the dangers.

M. Ciftci

Mehmet Ciftci has a PhD in political theology from the University of Oxford. His research focuses on bioethics, faith and politics.

An MP stands and speaks in a parliamentary debate.

MP Diane Abbott speaks in the debate.

Parliament TV.

What would be the effect of allowing assisted suicide for those ‘people who lack agency, the people who know what it is to be excluded from power and to have decisions made for them’, asked Danny Kruger MP, as he wrapped up his speech? ‘What are the safeguards for them? Let me tell the House: we are the safeguard—this place; this Parliament; you and me. We are the people who protect the most vulnerable in society from harm, yet we stand on the brink of abandoning that role.’

His words capture an important aspect of Friday’s debate: what is the point of Parliament? Do MPs meet to turn public opinion polls into policies? If the majority are in favour of something, do MPs have nothing left to do but to follow the public and sort out the fine details? We might instinctively say ‘Yes!’ It seems right and democratic to treat those whom we elect as people we select and send to do our bidding. And the polls do seem to show the majority of people supporting assisted suicide, at least in principle – although there are good reasons to be sceptical about those figures and about the conclusions drawn from them.

But there are numerous times when the majority are known to be in favour of something but politicians refuse to endorse it. Polls repeatedly show that a majority are in favour of reintroducing the death penalty. Why might it be right for MPs sometimes to ignore what the purported majority thinks and to use their own judgement?

Because Parliament is not just a debating chamber.

An older way of referring to it was to call it the ‘High Court of Parliament’ because ‘parliament, classically, was where individuals could seek the redress of grievances through their representatives,’ as law lecturer Dr Robert Craig writes. It performed its function admirably in response to the Horizon scandal: a legitimate grievance was brought to its attention, and it responded to redress the wrongs done to the sub-postmasters by passing a law to ‘overturn a series of judgments that could only have been obtained, and were only obtained, by a toxic, captured and wilfully blind corporate culture’.

Friday’s debate featured many MPs who understood what they were there to do. They acknowledged the ‘terrible plight of the people who are begging us for this new law’ as Danny Kruger said. But they also spoke up for those who were in danger of being harmed and wronged by the bill: the disabled and the dying, and all the vulnerable who were not there to speak on their own behalf.

Many echoed the concerns expressed by Diane Abbott about coercion: ‘Robust safeguards for the sick and dying are vital to protect them from predatory relatives, to protect them from the state and, above all, to protect them from themselves. There will be those who say to themselves that they do not want to be a burden. … Others will worry about assets they had hoped to leave for their grandchildren being eroded by the cost of care. There will even be a handful who will think they should not be taking up a hospital bed.’ And evidence of coercion is hard to find and trace: ‘Coercion in the family context can be about not what you say but what you do not say—the long, meaningful pause.’

An analysis shared on X by law lecturer Philip Murray found an association between the level of deprivation in a constituency and how likely a Labour MP was to vote against the bill. He also shared figures showing that 2/3 of MPs from ethnic minorities voted against it. In other words, MPs from areas where people are vulnerable and at risk were more sensitive to the dangers of helping people to kill themselves.

The second reading of the bill on Friday was a crucial moment for them to decide whether the bill would fix an injustice or whether it would itself cause harm.

But it seems that many MPs did not appreciate what the debate was about or what they had gathered to do. Layla Moran MP said: ‘The media are asking all of us, “Are you for or against the Bill?”, but I urge hon. Members to think about the question differently. The question I will be answering today is, “Do I want to keep talking about the issues in the Bill?”’ But James Cleverly MP intervened: “she is misrepresenting what we are doing at this point. We are speaking about the specifics of this Bill: this is not a general debate or a theoretical discussion, but about the specifics of the Bill.” He was right to be impatient. Unlike the Oxford Union, the vote has consequences. Parliamentarians are not there merely to debate. As the term ‘High Court of Parliament’ suggests, when MPs (either on their own initiative or as a government) propose bills, what they are often doing is conveying a plea to redress some grievance, and their debates are to decide whether to respond by making laws to grant justice to the wronged.

The second reading of the bill on Friday was a crucial moment for them to decide whether the bill would fix an injustice or whether it would itself cause harm, because the scrutiny that the bill will undergo in the following stages is not likely to be as rigorous as with government bills. As a Private Member’s Bill, the assisted dying proposal is free to be scrutinised by a committee selected by the MP who has proposed the bill, i.e. Kim Leadbeater. When the bill reaches the stage for a final vote in the Commons at the third reading, no further amendments can be made and the time for debate is likely to be short.

It is rare but bills are sometimes defeated at the third reading. With eighteen abstentions on Friday and at least thirty-six MPs claiming they might change their minds later, there is still hope.

Each sitting of the Commons begins every day with a prayer by the Speaker’s Chaplain, who prays that MPs ‘may they never lead the nation wrongly through love of power, desire to please, or unworthy ideals but laying aside all private interests and prejudices, keep in mind their responsibility to seek to improve the condition of all mankind.’

We can only hope and pray that at their next opportunity, MP will consider this bill in light of their responsibilities as the country’s High Court, charged with protecting the most vulnerable in society from harm.