Caste-based discrimination is a reality in the UK. Annapurna Waughray investigates
Caste discrimination is a new concept to most UK lawyers although English courts, including the Privy Council, have faced questions relating to this issue—particularly in family and immigration cases—for many years (see R v Sabharwal [1973] WL 40695; Suntharalingham v Inspector of Police, Kankesanturai [1972] AC 370, [1973] 3 WLR 896).
Caste-based discrimination affects some 270m people worldwide. Although commonly associated with south Asia, caste-type systems and discrimination on the basis of caste status exist throughout the world; a high proportion of reported UK Immigration Appeal Tribunal cases concerning ‘risk of return’ on grounds of caste relate to Somalia or the Yemen.
Moreover, caste discrimination has been exported to diaspora communities where, for many, caste has been a long-term, if hidden, reality. A report, No Escape: Caste Discrimination in the UK published in July 2006 by the Dalit Solidarity Network UK (DSN), a London-based non-governmental organisation, documents the extent of discrimination on grounds of caste among the south Asian community in the UK.
Caste prejudice may also give rise to crimes of
