Capturing Caste in Law

Capturing Caste in Law

Author: Annapurna Waughray

Publisher: Taylor & Francis

Published: 2022-05-11

Total Pages: 387

ISBN-13: 1317613635

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This book is about the legal regulation of caste discrimination. It highlights the difficulty of capturing caste in international and domestic law, and suggests solutions. Its aim is to contribute to the task of understanding how to secure effective legal protection from and prevention of discrimination on grounds of caste, and why this is important and necessary. It does this by examining the legal conceptualization and regulation of caste as a social category and as a ground of discrimination, in international law and in two national jurisdictions (India and the UK), identifying their complexities, strengths, limitations and potential. Adopting a broadly chronological approach, the book aims to present an account of the role of law in the construction of caste inequality and discrimination, and the subsequent legal efforts to dismantle it. The book will be of value to lawyers and non-lawyers, academics and students of human rights, international law, equalities and discrimination, descent-based and caste-based discrimination, minority rights, and South Asia and its diaspora. It will be a resource for legal practitioners and those in the public and non-governmental sectors involved in the implementation, interpretation and enforcement of equality law in the UK – the first European country to introduce the word "caste" into domestic equality legislation – and in countries with South Asian diasporas such as the USA.


Against Caste in British Law

Against Caste in British Law

Author: Prakash Shah

Publisher: Springer

Published: 2015-10-01

Total Pages: 205

ISBN-13: 1137571195

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This book discusses the salience of the caste question in UK law. It provides the background to how the caste provision came into the Equality Act 2010 and how it was reinforced in 2013, and analyses the various interests that played a role in getting caste into law.


Caste

Caste

Author: Isabel Wilkerson

Publisher: Random House Trade Paperbacks

Published: 2023-02-14

Total Pages: 545

ISBN-13: 0593230272

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#1 NEW YORK TIMES BESTSELLER • OPRAH’S BOOK CLUB PICK • “An instant American classic and almost certainly the keynote nonfiction book of the American century thus far.”—Dwight Garner, The New York Times The Pulitzer Prize–winning, bestselling author of The Warmth of Other Suns examines the unspoken caste system that has shaped America and shows how our lives today are still defined by a hierarchy of human divisions—now with a new Afterword by the author. #1 NONFICTION BOOK OF THE YEAR: Time ONE OF THE BEST BOOKS OF THE YEAR: The Washington Post, The New York Times, Los Angeles Times, The Boston Globe, O: The Oprah Magazine, NPR, Bloomberg, The Christian Science Monitor, New York Post, The New York Public Library, Fortune, Smithsonian Magazine, Marie Claire, Slate, Library Journal, Kirkus Reviews Winner of the Carl Sandberg Literary Award • Winner of the Los Angeles Times Book Prize • National Book Award Longlist • National Book Critics Circle Award Finalist • Dayton Literary Peace Prize Finalist • PEN/John Kenneth Galbraith Award for Nonfiction Finalist • PEN/Jean Stein Book Award Longlist • Kirkus Prize Finalist “As we go about our daily lives, caste is the wordless usher in a darkened theater, flashlight cast down in the aisles, guiding us to our assigned seats for a performance. The hierarchy of caste is not about feelings or morality. It is about power—which groups have it and which do not.” In this brilliant book, Isabel Wilkerson gives us a masterful portrait of an unseen phenomenon in America as she explores, through an immersive, deeply researched, and beautifully written narrative and stories about real people, how America today and throughout its history has been shaped by a hidden caste system, a rigid hierarchy of human rankings. Beyond race, class, or other factors, there is a powerful caste system that influences people’s lives and behavior and the nation’s fate. Linking the caste systems of America, India, and Nazi Germany, Wilkerson explores eight pillars that underlie caste systems across civilizations, including divine will, bloodlines, stigma, and more. Using riveting stories about people—including Martin Luther King, Jr., baseball’s Satchel Paige, a single father and his toddler son, Wilkerson herself, and many others—she shows the ways that the insidious undertow of caste is experienced every day. She documents how the Nazis studied the racial systems in America to plan their outcasting of the Jews; she discusses why the cruel logic of caste requires that there be a bottom rung for those in the middle to measure themselves against; she writes about the surprising health costs of caste, in depression and life expectancy, and the effects of this hierarchy on our culture and politics. Finally, she points forward to ways America can move beyond the artificial and destructive separations of human divisions, toward hope in our common humanity. Original and revealing, Caste: The Origins of Our Discontents is an eye-opening story of people and history, and a reexamination of what lies under the surface of ordinary lives and of American life today.


Western Foundations of the Caste System

Western Foundations of the Caste System

Author: Martin Fárek

Publisher: Springer

Published: 2017-07-07

Total Pages: 280

ISBN-13: 3319387618

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This book argues that the dominant descriptions of the ‘caste system’ are rooted in the Western Christian experience of India. Thus, caste studies tell us more about the West than about India. It further demonstrates the imperative to move beyond this scholarship in order to generate descriptions of Indian social reality. The dominant descriptions of the ‘caste system’ that we have today are results of originally Christian themes and questions. The authors of this collection show how this hypothesis can be applied beyond South Asia to the diasporic cultures that have made a home in Western countries, and how the inheritance of caste studies as structured by European scholarship impacts on our understanding of contemporary India and the Indians of the diaspora. This collection will be of interest to scholars and students of caste studies, India studies, religion in South Asia, postcolonial studies, history, anthropology and sociology.


Castes of Mind

Castes of Mind

Author: Nicholas B. Dirks

Publisher: Princeton University Press

Published: 2011-10-09

Total Pages: 386

ISBN-13: 1400840945

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When thinking of India, it is hard not to think of caste. In academic and common parlance alike, caste has become a central symbol for India, marking it as fundamentally different from other places while expressing its essence. Nicholas Dirks argues that caste is, in fact, neither an unchanged survival of ancient India nor a single system that reflects a core cultural value. Rather than a basic expression of Indian tradition, caste is a modern phenomenon--the product of a concrete historical encounter between India and British colonial rule. Dirks does not contend that caste was invented by the British. But under British domination caste did become a single term capable of naming and above all subsuming India's diverse forms of social identity and organization. Dirks traces the career of caste from the medieval kingdoms of southern India to the textual traces of early colonial archives; from the commentaries of an eighteenth-century Jesuit to the enumerative obsessions of the late-nineteenth-century census; from the ethnographic writings of colonial administrators to those of twentieth-century Indian scholars seeking to rescue ethnography from its colonial legacy. The book also surveys the rise of caste politics in the twentieth century, focusing in particular on the emergence of caste-based movements that have threatened nationalist consensus. Castes of Mind is an ambitious book, written by an accomplished scholar with a rare mastery of centuries of Indian history and anthropology. It uses the idea of caste as the basis for a magisterial history of modern India. And in making a powerful case that the colonial past continues to haunt the Indian present, it makes an important contribution to current postcolonial theory and scholarship on contemporary Indian politics.


Annihilation of Caste

Annihilation of Caste

Author: B.R. Ambedkar

Publisher: Verso Books

Published: 2014-10-07

Total Pages: 391

ISBN-13: 178168832X

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“What the Communist Manifesto is to the capitalist world, Annihilation of Caste is to India.” —Anand Teltumbde, author of The Persistence of Caste The classic work of Indian Dalit politics, reframed with an extensive introduction by Arundathi Roy B.R. Ambedkar’s Annihilation of Caste is one of the most important, yet neglected, works of political writing from India. Written in 1936, it is an audacious denunciation of Hinduism and its caste system. Ambedkar – a figure like W.E.B. Du Bois – offers a scholarly critique of Hindu scriptures, scriptures that sanction a rigidly hierarchical and iniquitous social system. The world’s best-known Hindu, Mahatma Gandhi, responded publicly to the provocation. The hatchet was never buried. Arundhati Roy introduces this extensively annotated edition of Annihilation of Caste in “The Doctor and the Saint,” examining the persistence of caste in modern India, and how the conflict between Ambedkar and Gandhi continues to resonate. Roy takes us to the beginning of Gandhi’s political career in South Africa, where his views on race, caste and imperialism were shaped. She tracks Ambedkar’s emergence as a major political figure in the national movement, and shows how his scholarship and intelligence illuminated a political struggle beset by sectarianism and obscurantism. Roy breathes new life into Ambedkar’s anti-caste utopia, and says that without a Dalit revolution, India will continue to be hobbled by systemic inequality.


Law and the Economy in Colonial India

Law and the Economy in Colonial India

Author: Tirthankar Roy

Publisher: University of Chicago Press

Published: 2016-09-20

Total Pages: 253

ISBN-13: 022638764X

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By accessibly recounting and analyzing the unique experience of institutions in colonial Indiawhich were influenced heavily by both British Common Law and indigenous Indian practices and traditionsLaw and the Economy in Colonial India sheds new light on what exactly fosters the types of institutions that have been key to economic development throughout world history more generally. The culmination and years of research, the book goes through a range of examples, including textiles, opium, tea, indigo, tenancy, credit, and land mortgage, to show how economic laws in colonial India were shaped neither by imported European ideas about how colonies should be ruled nor indigenous institutions, but by the practice of producing and trading. The book is an essential addition to Indian history and to some of the most fundamental questions in economic history."


Broken People

Broken People

Author: Smita Narula

Publisher: Human Rights Watch

Published: 1999

Total Pages: 340

ISBN-13: 9781564322289

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Women and the Law.


The Doctor and the Saint

The Doctor and the Saint

Author: Arundhati Roy

Publisher: Haymarket Books+ORM

Published: 2017-05-01

Total Pages: 130

ISBN-13: 1608467988

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The little-known story of Gandhi’s reluctance to challenge the caste system, and the man who fought fiercely for India’s downtrodden. Democracy hasn’t eradicated caste, argues bestselling author and Booker Prize–winner Arundhati Roy—it has entrenched and modernized it. To understand caste today in India, Roy insists we must examine the influence of Gandhi in shaping what India ultimately became: independent of British rule, globally powerful, and marked to this day by the caste system. Roy states that for more than a half century, Gandhi’s pronouncements on the inherent qualities of black Africans, Dalit “untouchables,” and the laboring classes remained consistently insulting, and he also refused to allow lower castes to create their own political organizations and elect their own representatives. But there was someone else who had a larger vision of justice—a founding father of the republic and the chief architect of its constitution. In The Doctor and the Saint, Roy introduces us to this contemporary of Gandhi, B.R. Ambedkar, who challenged the thinking of the time and fought to promote not merely formal democracy, but liberation from the oppression, shame, and poverty imposed on millions of Indians by an archaic caste system. This is a fascinating and surprising look at two men—one of whom has become a worldwide symbol and the other of whom remains unfamiliar to most outside his native country. Praise for Arundhati Roy “Arundhati Roy is incandescent in her brilliance and her fearlessness.” —Junot Díaz “The fierceness with which Arundhati Roy loves humanity moves my heart.” —Alice Walker