The California State Assembly has successfully passed the SB 403 bill aimed at prohibiting caste-based discrimination and strengthening protections for marginalised communities within the state.
This comes after the state senate previously approved the legislation earlier this year. With the Assembly’s approval on August 28, the bill now awaits Governor Gavin Newsom’s signature to officially become law. If enacted, California will become the first US state to include caste as a protected category in its anti-discrimination regulations.
🚨𝗕𝗥𝗘𝗔𝗞𝗜𝗡𝗚: California Assembly has spoken loud and clear by passing SB 403 with a 50-3 majority! This monumental bill puts an end to caste discrimination, extending legal protection to all facing caste oppression. A huge step towards equality and justice💙#JaiBhim #SB403 pic.twitter.com/RvBm7ASuX9
— Ambedkar King Study Circle, USA (@akscsfba) August 28, 2023
The bill holds particular significance due to California’s status as the largest state in terms of both population and economy, thus marking a substantial victory for members of oppressed castes residing in the United States.
The legislation was first introduced by State Senator Aisha Wahab with the backing of human rights activists and organisations working towards caste-equity.
Proud to announce Senator @aishabbwahab’s bill #SB403, which I presented on the Assembly floor today, passed on a 55-3 vote. This bill prohibits discrimination based on caste in California. pic.twitter.com/kPh04kJnWR
— Assemblymember Damon Connolly (@AsmConnolly) August 28, 2023
“Thank you to all the Assembly members who voted in support of SB 403 today. We are protecting people from a long-standing form of discrimination with SB 403,” Aisha Wahab said.
While this development has been celebrated by many, including advocates for caste equity, the Coalition of Hindus of North America (CoHNA) deemed it a ‘black day in California history’.
The legislative amendment involves revising California’s Unruh Civil Rights Act, Education, and Housing codes by incorporating caste as a protected category under the classification of ‘ancestry’. The bill has progressed rapidly through the legislative process, garnering support across multiple labour and civil rights entities.
The stunning vote count! A mark in history as no matter where folks stood the California legislature acknowledged caste discrimination and helped us turn pain into power!! pic.twitter.com/lLv5BNCFGT
— Dalit Diva (@dalitdiva) August 28, 2023
Thenmozhi Soundararajan, Executive Director of Equality Labs, hailed the Assembly’s vote as a victory ‘for the ages’.
“The Assembly Vote is a win for the ages. After conducting over 700 advocacy meetings across the entire state of California the people have spoken resoundingly for caste equity protections. As a Californian who has endured caste my whole life I know the struggles and adversity caste-oppressed Californians have unjustly faced firsthand,” Soundararajan said.
“As the bill progresses we ask Governor Newsome to sign this bill once it crosses his desk so that California can lead the nation and the world to ensure that our institutions are free from discrimination and ensure opportunity for all,” she added.
CoHNA, on the other hand, criticised the bill for targeting Hindu-Americans and expressed concerns about the quality of evidence supporting its provisions. They compared the bill to the erstwhile Asian Exclusion Act, which was popular at the time of passing but were racially biased.
“This bill will be no different [from Asian Exclusion Act] and is indeed worse since it ignored the mounting body of evidence about the overreach of CRD in the Cisco lawsuit, the flawed data from a hate group that underpinned the whole effort, the championing of this bill by foreign actors and the rising numbers of Dalit and Bahujan voices speaking against it,” a statement from CoHNA said.
Amar Shergill, California Democratic Chair of the Progressive Caucus, highlighted the bipartisan consensus within the state against discrimination in any form.
Pooja Ren from Hindus for Caste Equity, speaking as a Dalit Hindu, underscored the importance of protecting future generations from caste discrimination.
“Future Dalit generations in the diaspora must be protected. Pathways must be paved for our children to feel safe from casteist bullying and discrimination from casteist parents. We must have justice when caste discrimination occurs. We are a community that has suffered for centuries, and protection will give us the human rights as residents of California to live a life free from caste discrimination,” she said.
Tarina Mand of the South Asian Bar Association Civil Rights Taskforce viewed California’s action as a bold step to address deep-seated biases passed down through generations and continents.
“As our communities process some incredibly disheartening judicial decisions in recent months about the value of our diverse national spirit, the passage of SB 403 today stands out as a watershed moment,” he said.
Dalit activist Deelip Mhaske, who is the president of the Foundation For Human Horizon, praised California’s adoption of the anti-caste discrimination bill as groundbreaking, resonating with the global influence of the Indian diaspora.
“The resounding influence of the Indian diaspora reverberates through the corridors of power, with four Indians eyeing the presidential throne in 2024, and multinational giants swayed by the decisions of Indian diaspora leaders,” he said.
Apple – whose headquarters is in California – and other organisations like the California Democratic Party and the California State University system previously updated their policies to prohibit caste discrimination.
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