California is on the verge of making history by potentially becoming the first U.S. state to enact legislation prohibiting caste discrimination. The bill, aimed at banning this practice, recently cleared a significant hurdle when it passed in the California State Assembly. Following this milestone, proponents of the legislation have embarked on a hunger strike, urging Governor Gavin Newsom to promptly sign it into law.
If Governor Newsom approves the bill, California will not only become the inaugural U.S. state but also the first jurisdiction outside of India to outlaw discrimination based on caste. Earlier this year, Seattle achieved the distinction of becoming the first U.S. city to enact such a prohibition.
The bill, officially designated SB403, titled “Discrimination on the basis of ancestry,” gained overwhelming support in the California Senate with a 31-5 vote, clearing procedural formalities on Tuesday. The groundbreaking anti-caste discrimination legislation will now await Governor Newsom’s decision to either sign it into law or reject it. The bill amends California’s Unruh Civil Rights Act by incorporating caste as a protected category under “ancestry.”
Senator Aisha Wahab introduced the bill in February, and on Tuesday, she presented SB 403, known as the Caste Discrimination Bill, for its Senate Concurrence Vote.
Thenmozhi Soundararajan, the executive director of Equality Labs, a driving force behind the bill and similar actions across the country, expressed, “After conducting over 700 advocacy meetings across the entire state of California, the people have spoken resoundingly for caste equity protections. As a Californian who has endured caste my whole life, I know the struggles and adversity caste-oppressed Californians have unjustly faced firsthand. Caste-oppressed people have organized for over twenty years so we could have lives free from violent attacks and discrimination.”
The bill’s enactment would hold individuals accountable and subject them to legal consequences for permitting or engaging in caste-based discrimination in California, as stated in a media release.
Govind Acharya from Amnesty International USA emphasized that caste discrimination inherently violates civil rights. He cited the United Nations Special Rapporteur on Minority Issues, asserting that caste-based discrimination and violence undermine universal human dignity and equality by differentiating between “inferior” and “superior” categories of individuals, which is unacceptable.
A hunger strike has been organized as a powerful demonstration of support for the bill. Dr. Nirmal Singh, a doctor and lead organizer of the Californians for Caste Equity coalition, stated, “I am fasting as a reminder of how important this bill is to my two daughters. I cannot live in this state knowing that caste discrimination can continue unabated. We fast now for all those who have not been able to speak out.”
It is important to note that a substantial number of South Asians and Indian Americans have opposed the bill, arguing that it could criminalize the Hindu community, in particular. Suhag Shukla, the executive director of the Hindu American Foundation, contended that California has regressed to its racist past by passing legislation that demonizes and targets South Asians and Hindus. She further emphasized that any law intended to target an ethnic community is not only racist but also unconstitutional, pledging to explore every option to protect the rights of Hindu Californians.
