California State Senate passes caste discrimination bill
Washington (PTI): The California Senate has overwhelmingly passed a legislation seeking to explicitly ban caste discrimination, in a historic move that would make America's most populous State also the country's first to outlaw caste-based bias.
State Senator Aisha Wahab, the first Muslim and Afghan American elected to the state legislature, introduced the bill last month.
Passed by 34-1 vote, the bill SB 403, would make California the first US State to add caste as a protected category in its anti-discrimination laws.
Promoters of the bill, being led by non-profit Equality Lab, said that a similar bill is being introduced in the State House of Representatives, before it can be sent to the Governor to be signed into a law.
The bill adds caste as a protected category to an existing law, the Unruh Civil Rights Act, which provides that all people in California are entitled to the full and equal accommodations, advantages, facilities, privileges, or services in all business establishments.
The bill provides explicit protections to those who have been systemically harmed due to caste bias and prejudice. It also provides firm legal consequences for those seeking to avoid responsibility or ramifications for permitting or participating in caste discrimination and caste-based violence.
This landmark bill comes just weeks after the California Senate Judiciary Committee unanimously passed SB403 in April.
Earlier this year, Seattle became the first US city to outlaw caste discrimination after its local council passed a resolution moved by an Indian-American politician and economist. The resolution, moved by Kshama Sawant, an upper-caste Hindu, was approved by the Seattle City Council by six to one vote.
It also follows the resolutions to designate caste as a protected category passed by the California Democratic Party, the California State University system, the Alphabet Workers Union, tech giants like Apple and Cisco, and others.
Seattle Council member Sawant welcomed the passage of the bill by the California State Senate.
Following our historic victory in Seattle in February, the California Senate has voted in favour of banning caste discrimination, Sawant said.
"The bill now goes to the Assembly. Anti-caste activists, working people, union members, and my socialist Council office built a fighting movement to win in Seattle, creating national and even international momentum. Solidarity to all fighting oppression under capitalism!" she said.
"On behalf of all Dalit Californians and caste-oppressed people around the world, we are ecstatic that the California Senate has passed SB403 off the Senate floor. This is a win rooted in years of Dalit feminist organising, and we are just getting started in making the state safe for our entire caste-oppressed community," said Thenmozhi Soundararajan, Equality Labs executive director and author of The Trauma of Caste.
Civil rights organisation Equality Labs was the brain behind the anti-caste discrimination resolution in Seattle. It has been spearheading a nationwide campaign.
"We know that we have a long journey ahead of us with this bill, but we have made history with this vote and are proud to look forward to working with the California Assembly on this historic bill! Equality Labs thanks all of the partners in Californians for Caste Equity who worked tirelessly to get us this far," Soundararajan said.
Tanuja Gupta, law student, activist, and a former Google engineering programme manager, said ending caste discrimination will soon no longer be an opt-in for a California-based company like Google, but a legal requirement of its existence.
Deelip Mhaske, president of Foundation For Human Horizon, congratulated State Senator Wahab for introducing the bill in the California Senate.
"This is a win for the Indian Constitution framed by Dr B R Ambedkar's equality principle," Mhaske said.
Indian American Muslim Council president Mohammad Jawad commended the California Senate for passing the bill.
"This is a historic moment for the Dalit community, which has been fighting against caste-based discrimination for generations. The passage of this bill sends a strong message that caste discrimination has no place in California. The bill will provide much-needed protection to Dalits and others who face discrimination based on their caste," he said.
"We urge the California Assembly to pass this bill without delay, and for Governor Newsom to sign it into law. We also call on other states and the US Congress to follow California's lead in recognizing caste discrimination as a form of discrimination and taking steps to address it. Discrimination based on caste is a violation of human rights and must be eradicated wherever it exists," said IAMC executive director Rasheed Ahmed.
California, a western US state located along the Pacific Coast with nearly 39.2 million residents, is the most populous US state and the third-largest by area.
Many Indian Americans fear that codifying caste in public policy will further fuel instances of Hinduphobia in the US.
Over the last three years, ten Hindu temples and five statues, including those of Mahatma Gandhi and Maratha emperor Shivaji, have been vandalised across the US as an intimidation tactic against the Hindu community.
Indian Americans are the second-largest immigrant group in the US. According to data from the 2018 American Community Survey (ACS), which is conducted by the US Census Bureau, there are 4.2 million people of Indian origin residing in the United States.
India banned caste discrimination in 1948 and enshrined that policy in the Constitution in 1950.
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SC closes criminal proceedings against 30 Army officials in 2021 botched Nagaland operation
New Delhi (PTI): The Supreme Court on Tuesday closed criminal proceedings against 30 Army personnel accused of killing 13 civilians in a 2021 botched operation to ambush militants in Nagaland's Mon district. It also said the case may be taken to its logical end if the Centre sanctions their prosecution.
A bench of Justices Vikram Nath and P B Varale also said the order will not prevent the Army from taking any disciplinary action against the personnel.
The Nagaland government in separate proceedings has challenged the denial of sanction to prosecute the Army personnel.
The apex court closed the proceedings on two separate petitions filed by wives of the personnel, including a major rank officer, who sought closure of the case lodged by Nagaland police.
The wives were seeking closure of the criminal proceedings on the ground that the state government has no jurisdiction to prosecute the personnel due to immunity granted under the Armed Forces Special Powers Act (AFSPA).
Their plea contended that prior sanction from the Centre was needed to initiate any legal proceedings against Army personnel if the area falls under AFSPA.
In April last year, the Central government had denied sanction to prosecute the Army men who were allegedly involved in the botched ambush at Oting in Mon district of the state.
The state government has moved the apex court challenging the denial of sanction to prosecute 30 Army personnel through a separate petition in which notice has been issued by a bench headed by Chief Justice D Y Chandrachud.
The Nagaland government has contended that it has clinching evidence against the Army personnel, including a major, and yet the Centre has arbitrarily denied sanction to prosecute them.
In July 2022, the top court had stayed prosecution of the Army personnel belonging to a special forces on the pleas from their wives, who claimed their husbands were being prosecuted without the state obtaining mandatory sanction for prosecution.
