Caste is not well understood in the United States, even though it plays a significant role in the lives of Americans of South Asian descent. Two recent lawsuits make caste among the South Asian diaspora much more visible. They show that oppressed castes in the United States are doubly disadvantaged by caste and race. Making caste a protected category under federal law will allow for the recognition of this double disadvantage.
Caste is a descent-based structure of inequality. In South Asia, caste privilege has worked through the control of land, labor, education, media, white-collar professions and political institutions. While power and status are more fluid in the intermediate rungs of the caste hierarchy, Dalits, the group once known as untouchables who occupy its lowest rung, have experienced far less social and economic mobility. To this day, they are stigmatized as inferior and polluting, and typically segregated into hazardous, low-status forms of labor.
The Indian government has many laws to combat caste prejudice and inequality. But attempts to provide oppressed castes with protection and redress through affirmative action, for example are met with fierce opposition from privileged castes. The past 20 years have also witnessed the rise of Dalit political movements and the emergence of a nascent middle class that has benefited from affirmative action. However, oppressed castes claims to dignity, well-being and rights are still routinely met with social ostracism, economic boycotts or physical violence.
Caste continues to operate in America, among the South Asian diaspora, but in a very different legal and economic context. Immigrants from India and other South Asian countries began arriving in large numbers after restrictive immigration policies based on rigid racial hierarchies were changed starting in the second half of the 20th century. These reforms provided opportunities mostly for privileged castes, like our own families, who have used their historical advantages to become an affluent and professionally successful racial minority in the United States.
Oppressed castes are a minority within this minority, and they continue to be subject to forms of caste discrimination and exploitation, as the two lawsuits make clear. Together, these cases show how caste operates within Americas racially stratified work force to create largely hidden, yet pernicious patterns of discrimination and exploitation. In both, the litigants are members of the oppressed caste Dalits.
One case is a discrimination suit filed in June 2020 against the technology conglomerate Cisco Systems Inc. and two supervisors by the California Department of Fair Employment and Housing on behalf of a Dalit engineer. According to the lawsuit, Cisco failed to adequately address caste discrimination by two privileged-caste supervisors. The Dalit engineer alleges that one of the supervisors outed him as a beneficiary of Indian affirmative action. The lawsuit says that when he complained to the human resources department, both supervisors retaliated by denying him opportunities for advancement.
The plaintiff and one of the supervisors are graduates of the Indian Institutes of Technology, a set of elite public technical universities. When the Indian government extended caste-based affirmative action to these colleges in 1973 and 2006, students admitted through the quotas were met with fierce opposition and stigmatized as unworthy of an elite education. The fear of exposure has forced many Dalit students in India to pass as non-Dalits.
The Cisco case appears to shed light on the same patterns of caste discrimination in the U.S. tech sector. By allegedly outing the Dalit engineer, the supervisor marked his caste and, in effect, deemed him unworthy of his position at Cisco. The company has denied the allegations and said that its investigation found no grounds to support claims of caste discrimination or retaliation.
The other case shows how stark differences of caste power and status may be carried over from South Asia to America, a situation that can lead to labor exploitation. In May 2021, lawyers representing a group of Dalit workers filed a lawsuit against the Hindu sect known as BAPS (Bochasanwasi Akshar Purushottam Swaminarayan Sanstha) and related parties. The workers allege that they were brought to the United States on visas designated for religious workers to help build a temple in New Jersey. They claim that they were forced to work for more than 87 hours a week for $450 a month, or less than $2 an hour. Furthermore, they said they were not allowed to leave the temple property unaccompanied, were constantly monitored and were threatened with pay cuts, arrest and expulsion to India if they spoke to outsiders. BAPS has denied the allegations.
If the charges are proved to be true, BAPS will have weaponized the American visa system to violate U.S. labor and immigration law and engage in caste exploitation. But the situation is different in South Asia than it is in the United States. In South Asia, there is legal recourse for oppressed-caste rights. In the United States, however, there is little recourse. The lack of explicit legal protection for caste creates the conditions of impunity for caste exploitation.
Making caste a protected category is a critical step toward addressing the problem of caste in America. To protect oppressed castes in the United States, we have to be willing to insist that civil rights extend to communities whose oppression is still hidden.
Paula Chakravartty is a professor of media and communication at New York University who has written extensively about race, migration and labor in the United States and India. Ajantha Subramanian is a professor of anthropology and South Asian studies at Harvard University and has written extensively about caste and democracy in India.
The Times is committed to publishing a diversity of letters to the editor. Wed like to hear what you think about this or any of our articles. Here are some tips. And heres our email: letters@nytimes.com.
Follow The New York Times Opinion section on Facebook, Twitter (@NYTopinion) and Instagram.
Read this article:
Opinion | Why Is Caste Inequality Still Legal in America? - The New York Times
- Government Oppression Of Climate Protesters Is Rampant. Are You Next? - CleanTechnica - February 5th, 2024 [February 5th, 2024]
- Invasion Day protests oppose oppression of indigenous Australians, genocide in Gaza - WSWS - February 5th, 2024 [February 5th, 2024]
- Florida's 'hostile' laws? Five laws NAACP listed in travel advisory. - St. Augustine Record - May 22nd, 2023 [May 22nd, 2023]
- Iran Faces A Huge Budget Deficit It Tries To Conceal - - May 22nd, 2023 [May 22nd, 2023]
- Satyendar Jain taken to Safdarjung Hospital after losing 35 kgs - The Statesman - May 22nd, 2023 [May 22nd, 2023]
- Opinion: Reassessing the approach to Israel | DW | 22.05.2023 - DW - May 22nd, 2023 [May 22nd, 2023]
- Durham Report Is Latest Choose-Your-Own-Reality Adventure - TIME - May 22nd, 2023 [May 22nd, 2023]
- In Conversation with Stan Grant - Honi Soit - May 22nd, 2023 [May 22nd, 2023]
- Rep. Bare: Assembly Republicans' local government funding plan is ... - WisPolitics.com - May 22nd, 2023 [May 22nd, 2023]
- Never Again Is Right Now in Palestine - Jacobin magazine - May 22nd, 2023 [May 22nd, 2023]
- UF community condemns bill defunding DEI initiatives - The Independent Florida Alligator - May 22nd, 2023 [May 22nd, 2023]
- Prices of basic commodities and foods have gone insane in Sierra ... - Sierra Leone Telegraph - May 22nd, 2023 [May 22nd, 2023]
- Don't cancel Gladstone. He was a true friend of freedom at home ... - The Telegraph - May 22nd, 2023 [May 22nd, 2023]
- If you want to do things like gender ideology, go to Berkeley: DeSantis bans diversity, equity and inclusion in Florida colleges - The Mercury News - May 22nd, 2023 [May 22nd, 2023]
- TikTok: The new frontier for political info-wars - DAWN.com - May 22nd, 2023 [May 22nd, 2023]
- Israeli Apartheid - The Legacy of the Ongoing Nakba at 75 [EN/AR ... - ReliefWeb - May 22nd, 2023 [May 22nd, 2023]
- PPP's CEC condemns attacks on army installations, calls for ... - Pakistan Today - May 22nd, 2023 [May 22nd, 2023]
- Tim Scott says Im running for president of the United States in announcement speech live - The Guardian US - May 22nd, 2023 [May 22nd, 2023]
- Opinion | America's Poverty Is Built by Design - POLITICO - May 22nd, 2023 [May 22nd, 2023]
- 'Pity these oppressed random attackers': Inside the thoughts of Canada's bail system - National Post - May 22nd, 2023 [May 22nd, 2023]
- How Can We Resist Book Bans? This Banned Author Has Ideas. - Truthout - May 22nd, 2023 [May 22nd, 2023]
- Owners of Nigeria and their multiple worlds - Guardian Nigeria - May 22nd, 2023 [May 22nd, 2023]
- When People Decide They Want Change, They Will Bring in Change - The Wire - May 22nd, 2023 [May 22nd, 2023]
- 5 Interesting Facts about Simon Bolivar - The Collector - May 22nd, 2023 [May 22nd, 2023]
- China Built Over A Million Uyghurs "Re-Education Camps" In 6 Years: Report - NDTV - May 22nd, 2023 [May 22nd, 2023]
- Queer folk, the hour to save ourselves has come - Daily Maverick - May 22nd, 2023 [May 22nd, 2023]
- Preposterous! Book ban adds bureaucracy and removes parents ... - IndyStar - May 22nd, 2023 [May 22nd, 2023]
- End Jew Hatred: Fight for social justice must be above political fray - The Jerusalem Post - May 18th, 2023 [May 18th, 2023]
- Political strife, not protest anymore - The Korea JoongAng Daily - May 18th, 2023 [May 18th, 2023]
- 'A Man Without a Gun Is Not a Citizen' - The Texas Observer - May 18th, 2023 [May 18th, 2023]
- State Department Report Says China Oppressed Tibetan Buddhist ... - Central Tibetan Administration - May 18th, 2023 [May 18th, 2023]
- Facing Reality on South Africa - Council on Foreign Relations - May 18th, 2023 [May 18th, 2023]
- Federal Charges of Political Activists Show the Racist and ... - Left Voice - May 18th, 2023 [May 18th, 2023]
- Age of Disorder || Pakistan on the Brink: Down with Capitalist PDM ... - International Socialist - May 18th, 2023 [May 18th, 2023]
- Tim Stevenson | Living with the Long Emergency: Rising Fascism ... - Brattleboro Reformer - May 18th, 2023 [May 18th, 2023]
- Members of new City Council weigh in on water bills - CBS Chicago - May 18th, 2023 [May 18th, 2023]
- DIIR Statement on 28th Anniversary of Enforced Disappearance of ... - Central Tibetan Administration - May 18th, 2023 [May 18th, 2023]
- KAN-WIN shares timeline of gender-based violence toward Asian ... - Daily Northwestern - May 18th, 2023 [May 18th, 2023]
- Alleged leaker fixated on guns and envisioned 'race war' - The Washington Post - May 18th, 2023 [May 18th, 2023]
- Employment and Labour pays tribute to Dr Dennis George - South African Government - May 18th, 2023 [May 18th, 2023]
- Opinion | Trump Cannot Be Unseen - The New York Times - May 18th, 2023 [May 18th, 2023]
- Toronto to rally against Homophobia, Biphobia, and Transphobia ... - NOW Toronto - May 18th, 2023 [May 18th, 2023]
- Election 2023: Te Pti Mori accuses Prime Minister Chris Hipkins of 'oppression' for telling parties to 'be careful' with demands - Newshub - May 18th, 2023 [May 18th, 2023]
- What's the current state of LGBTQ rights in Europe? - Euronews - May 18th, 2023 [May 18th, 2023]
- Baptist Health Foundation Receives $3 Million Gift from the Jos ... - South Florida Hospital News - May 18th, 2023 [May 18th, 2023]
- The Politics and Moral Economics of Seun Kutis Police Assault - Tekedia - May 18th, 2023 [May 18th, 2023]
- Is a temporary coalition of anger against the old regime a basis for ... - Sierra Leone Telegraph - May 18th, 2023 [May 18th, 2023]
- Mexico: against 'neoliberalism' or capitalism? The final year of ... - In Defence of Marxism - May 18th, 2023 [May 18th, 2023]
- White Christian Nationalism and the 2023 Montana Legislature ... - Daily Montanan - May 18th, 2023 [May 18th, 2023]
- Left-wing lawmakers press for federal reparations for Black Americans: 'We're here to demand it' - Fox News - May 18th, 2023 [May 18th, 2023]
- Underground cyphers are helping young Kashmiris reclaim their ... - Huck Magazine - May 18th, 2023 [May 18th, 2023]
- Tory MP uses controversial term connected to antisemitic conspiracies - The Jerusalem Post - May 18th, 2023 [May 18th, 2023]
- Fijis 1987 coup: Why did Prime Minister Rabuka apologise to the Indo-Fijian community? - The Indian Express - May 18th, 2023 [May 18th, 2023]
- Declaration on the Migrant Crisis: Socialists From the U.S., Mexico ... - Left Voice - May 18th, 2023 [May 18th, 2023]
- WNBA star Brittney Griner standing and listening to national anthem - Gainesville Sun - May 18th, 2023 [May 18th, 2023]
- Imran Khan to unveil next plan of action at a rally on Thursday - ANI News - May 18th, 2023 [May 18th, 2023]
- Delta Youths Threaten Showdown Over Exclusion In Multi-Billion ... - SaharaReporters.com - May 18th, 2023 [May 18th, 2023]
- Remarks by Homeland Security Advisor Dr. Liz Sherwood-Randall ... - The White House - May 2nd, 2023 [May 2nd, 2023]
- Are some human rights more important than others? Religious ... - Jacksonville Journal-Courier - May 2nd, 2023 [May 2nd, 2023]
- Postcolonial Plague: The Legacy of Apartheid South Africa in ... - Brown Political Review - May 2nd, 2023 [May 2nd, 2023]
- UN expert urges Japan to step up pressure on Myanmar junta - OHCHR - May 2nd, 2023 [May 2nd, 2023]
- CSIS confirms to MP that he and family were targeted by China - The Globe and Mail - May 2nd, 2023 [May 2nd, 2023]
- Opposition leader says govt sent a bureaucrat to talk with calan - Duvar English - May 2nd, 2023 [May 2nd, 2023]
- The Badger Herald Editorial Board: The bounds of free speech The ... - The Badger Herald - May 2nd, 2023 [May 2nd, 2023]
- AIbom NLC to Set up Monitoring Team on Petroleum Products - THISDAY Newspapers - May 2nd, 2023 [May 2nd, 2023]
- Amplifying Iranian Voices: The Call for Freedom and Democracy ... - National Council of Resistance of Iran (NCRI) - May 2nd, 2023 [May 2nd, 2023]
- As inequality deepens, who will rewrite the rules? - Al Jazeera English - May 2nd, 2023 [May 2nd, 2023]
- Discover the Brilliance of George Orwell: Books That Will Inspire You - Economic Times - May 2nd, 2023 [May 2nd, 2023]
- Nature has way of settling scores, says UP CM Yogi Adityanath on Atiq Ahmad's turf - Times of India - May 2nd, 2023 [May 2nd, 2023]
- Tens of thousands hold Labor Day rallies nationwide - The Korea Herald - May 2nd, 2023 [May 2nd, 2023]
- Incoming Nigerian Government Must Improve Poverty Wage ... - SaharaReporters.com - May 2nd, 2023 [May 2nd, 2023]
- Can the European Union Tackle Afghanistan's Crises? - The Diplomat - May 2nd, 2023 [May 2nd, 2023]
- Iran sees nationwide protests, night rallies marking Int'l Labor Day | - The Peoples Mojahedin Organization of Iran (PMOI) - May 2nd, 2023 [May 2nd, 2023]
- G20: Responsibilities of the people of PoK - ANI News - May 2nd, 2023 [May 2nd, 2023]
- From IWD to May Day: Connecting working women's struggles - Spring Magazine - May 2nd, 2023 [May 2nd, 2023]
- 1 May 2023 || The Working Class is Back! ISA - International Socialist - May 2nd, 2023 [May 2nd, 2023]
- Are the Marxists on to something? Catholic World Report - Catholic World Report - May 2nd, 2023 [May 2nd, 2023]
- Manoj Kumar Jha and Ghazala Jamil write: Why Pratap Bhanu Mehta is wrong about social justice politics and caste census - The Indian Express - May 2nd, 2023 [May 2nd, 2023]
- Generational crimes are being committed thick and fast. No wonder Australian kids dont vote conservative - The Guardian - May 2nd, 2023 [May 2nd, 2023]
- A Proclamation on Jewish American Heritage Month, 2023 - U.S. ... - US Embassy and Consulate in Poland - May 2nd, 2023 [May 2nd, 2023]