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Caste Discrimination in California and Gavin Newsom's Veto MAG
On Saturday, October 7, 2023, California Governor Gavin Newsom vetoed a bill that would have banned discrimination based on caste, especially in the workplace. Caste is the system of social hierarchy where a person’s standing is based on the time they were born and is hereditary. This bill affects South Asians, such as Indians and Nepalis. It originated from Hinduism, and it, of course, affects the Hindus, mainly in India, where they are most concentrated, but also in the places Hindus have immigrated to, like California.
The caste system has four varnas: the Brahmins, Kshatriyas, Vaishyas, and Shudras. The first is the Brahmins. They are the highest caste and are teachers or priests. Next is the Kshatriyas. They are warriors or kings and below the Brahmins. The third is the Vaishyas. They are merchants or other relatively high-organizing/trading occupations. Last is the Shudras. They are laborers who do low, but not the lowest, jobs. This was left to the Dalits (formerly known as the Untouchables). The Dalits do not fit in any of the varnas and are the lowest caste. They serve the most dirty and menial of tasks, for example, cleaning streets or sewers. There used to be strict rules regarding the interactions between castes, but they are now relaxed. However, it is not insignificant, and there is still a big divide between castes. Nowadays, in the modern workplace, some employers discriminate based on caste, especially towards the Dalits. According to a study done by the University of Pennsylvania in 2003, 1.5% of Indian immigrants in the U.S. are Dalits, while 90% are the higher castes/varnas. This was 20, almost 21 years ago, so the number has probably risen considerably since then, looking at the trends.
According to a few relatively recent sources, there are considerable numbers of Dalits who have faced discrimination in their workplace or interview or felt discriminated against because of their caste. This brings about the purpose of the bill — to stop this discrimination. This bill primarily originated from a case in 2020, Department of Fair Employment and Housing v. Cisco Systems, Inc. In this case, a Dalit engineer alleged his two upper-caste employers discriminated against him. This is one example that the side supporting the bill argues: an employer could give fewer promotions, less pay, or not even employ a lower caste (specifically a Dalit) at all. Caste should not be a teller in how we treat someone, just like race, they say. A vital point is how SB 403, a California law, adds to an existing law. It states that ancestry should not be a basis for discrimination, along with the existing law stating that discrimination should not have a basis in disability, gender, gender identity, gender expression, nationality, race or ethnicity, religion, sexual orientation, or other characteristics. The side against the bill argues that it infringes on their freedom of religion, that caste needs to be explicitly stated, and that the bill is too vague in its wording. Gavin Newsom’s veto was on the basis that it is extraneous, and there are already laws tackling this. However, it seems they are not specific enough, as caste discrimination is still ongoing.
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