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    * [66]Politics
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    * [69]Religion

California’s caste bias bill clears first legislative hurdle

  By DEEPA BHARATHApril 25, 2023 GMT
  1 of 2
  FILE - State Sen. Aisha Wahab listens to speakers during a news
  conference where she proposed SB 403, a bill that adds caste as a
  protected category in the state's anti-discrimination laws, on March
  22, 2023, in Sacramento, Calif. The bill, which would outlaw caste
  discrimination in California, was approved by the state's Senate
  Judiciary Committee on Tuesday, April 25, 2023, clearing its first big
  legislative hurdle. Wahab, the first Muslim and Afghan American elected
  to the state legislature, introduced the bill in March. (AP Photo/José
  Luis Villegas, File)
  1 of 2
  FILE - State Sen. Aisha Wahab listens to speakers during a news
  conference where she proposed SB 403, a bill that adds caste as a
  protected category in the state's anti-discrimination laws, on March
  22, 2023, in Sacramento, Calif. The bill, which would outlaw caste
  discrimination in California, was approved by the state's Senate
  Judiciary Committee on Tuesday, April 25, 2023, clearing its first big
  legislative hurdle. Wahab, the first Muslim and Afghan American elected
  to the state legislature, introduced the bill in March. (AP Photo/José
  Luis Villegas, File)

  A bill that would [70]outlaw caste discrimination in California has
  cleared its first big legislative hurdle.

  On Tuesday, the state’s Senate Judiciary Committee voted in favor of
  the legislation, sending it on to the next committee for consideration.
  If passed, the bill could make California the first state in the nation
  to make caste bias illegal by adding it as a protected category in the
  state’s anti-discrimination laws.

  State Sen. Aisha Wahab, the first Muslim and Afghan American elected to
  the state legislature, introduced the bill last month. Tuesday’s
  hearing showed just how contentious the issue has been in the South
  Asian community, with hundreds of supporters and opponents gathering
  outside the state capitol with signs.

  “We’ve hit a nerve and exposed a form of discrimination many never even
  knew existed,” said Wahab, D-Hayward, who told committee members that
  she has received death threats after proposing this legislation.

  “Caste is an invisible shackle placed on people at birth. Those of us
  not raised in that system can’t possibly understand what it does to
  one’s psyche, the inter-generational trauma it causes.”

  [71]Caste is a division of people related to birth or descent and those
  at the lowest strata of the caste system known as Dalits, have been
  [72]pushing for legal protections in California and beyond. They say it
  is necessary to protect them from bias in housing, education and in the
  tech sector — where they hold key roles.
  [73]

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  Between Tuesday’s live testimony and phone calls, about 220 people said
  they support the bill and about 420 said they oppose it. Many
  proponents said they have experienced caste discrimination or wish to
  get this law on the books to prevent such bias.

  Opponents called the proposed legislation “unconstitutional” and said
  it would unfairly target Hindus and people of Indian descent. Several
  who spoke during the hearing identified as lower-caste, but said they
  are opposed to the legislation because it is divisive.

  Wahab asserted Tuesday that the bill “does not target any specific
  community or religion.”

  A United Nations report in 2016 said at least 250 million people
  worldwide still face caste discrimination in Asia, Africa, the Middle
  East and Pacific regions, as well as in various diaspora communities.
  Caste systems are found among Buddhists, Christians, Hindus, Jains,
  Muslims and Sikhs.

  Rakhi Israni, an attorney and California resident, who testified before
  the committee said the legislation is an “unconstitutional denial of my
  community’s rights to fairness and equal protection under the law.”

  “If this bill is adopted, caste will be the only discrimination law
  category that is not facially neutral,” she said. “Everyone has a race.
  Everyone has a color. Everyone has an age. Not everyone has a caste.
  This bill is facially discriminatory.”

  Ann Ravel, who served on the Federal Election Commission under
  President Barack Obama, testified Tuesday that she views this bill and
  the movement to end caste discrimination “as an important civil rights
  issue.”

  “Unless caste is explicitly added (as a protected category), it will be
  very difficult for those who have been discriminated against to seek
  legal remedy,” she said.

  A 2020 survey of Indian Americans by the Carnegie Endowment for
  International Peace found caste discrimination was reported by 5% of
  survey respondents. While 53% of foreign-born Hindu Indian Americans
  said they affiliate with a caste group, only 34% of U.S. born Hindu
  Indian Americans said they do the same.

  However, a 2016 Equality Labs survey of 1,500 South Asians in the U.S.
  showed 67% of Dalits who responded reported being treated unfairly
  because of their caste.

  Committee members said they understood opponents’ concerns, but are
  inclined to move the legislation along because they believe it will
  help prevent such discrimination. The bill received bipartisan support
  on the committee.

  Sen. Dave Min, D-Irvine, said he believes this legislation will clarify
  existing anti-discrimination laws.

  “This has been a tough and emotional issue to consider,” he said. “But
  I believe the pros (of the bill) outweigh the cons.”

  Sen. Scott Wilk, R-Santa Clarita, said he would vote in favor because
  he agrees with the intent of the bill, but would like to see the
  definition of caste clarified as the bill moves along.

  “That definition needs to be tightened up for everyone’s protection,”
  he said.

  Next the legislation will move to the Senate Appropriations Committee
  for consideration.

  Receiving such overwhelming approval from the Senate Judiciary
  Committee is heartening, said Thenmozhi Soundararajan, founder and
  executive director of Oakland, California-based Equality Labs. The
  Dalit advocacy group has been leading the movement against caste
  discrimination in the United States.

  “We are so happy that this bill will now move forward,” she said.
  “Supporters of this bill came from all over California today.”

  Opponents also came from all over the state to make their voices heard.
  Suhag Shukla, executive director of the Hindu American Foundation, said
  her organization is disappointed that “the legislative analysis of the
  bill completely ignored our core concerns.”

  “(The bill) seeks to deny equal protection and due process under the
  law for only South Asians,” she said. “The fact that there were
  hundreds of mostly Indian Americans at the hearing goes to show … the
  efforts of those opposing the bill to block this assault on the civil
  rights of all South Asians, Dalits and non-Dalits alike.”

  Pushpita Prasad, a spokesperson for the Coalition of Hindus of North
  America, said even though the bill says it does not single out Hindus,
  its targeting of Hindus is implicit.

  “When you look at the history textbooks in California, the word ‘caste’
  is only mentioned in the chapter about Hinduism,” she said. “Those who
  know little about this subject associate caste with Hindus and
  Indians.”

  Earlier this month, the California Civil Rights Department voluntarily
  dismissed its case alleging caste discrimination against two Cisco
  engineers, Sundar Iyer and Ramana Kompella, while still keeping alive
  its litigation against the Silicon Valley tech giant.

  In February, [74]Seattle became the first U.S. city and the first
  jurisdiction outside South Asia to add caste to its anti-discrimination
  laws. Several colleges and universities have also enacted similar
  policies barring caste discrimination on campuses, including University
  of California, Davis.

  ___

  Associated Press religion coverage receives support through the AP’s
  collaboration with The Conversation US, with funding from Lilly
  Endowment Inc. The AP is solely responsible for this content.

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