Recognizing new minorities and distinct forms of exclusion: The inclusion of caste among the protected characteristics within anti-discrimination law in the diaspora

Pap, András László (2024) Recognizing new minorities and distinct forms of exclusion: The inclusion of caste among the protected characteristics within anti-discrimination law in the diaspora. HUNGARIAN JOURNAL OF LEGAL STUDIES, 65 (4). pp. 486-504. ISSN 2498-5473

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Abstract

The article provides an analysis of legal and advocacy initiatives for the sui generis recognition and inclusion of caste, a unique form of collective identity, among the protected characteristics within anti-discrimination law associated with diaspora. Following an introduction to the issue that brings in high-profile cases from the US and the UK, the subsequent section provides a discussion of caste and castesim in India and the diaspora. The next section highlights models for legal protections against casteism. The third section shows how proxies have been used to tackle caste-based discrimination. The fourth part elaborates on the context and developments in the US and the UK. The final sections, the analysis and conclusions, return to the broader contextualizing questions.

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