A case for recognition of caste as a sui generis category in international law

Abstract

AbstractCaste, a system of social division based on inherited status, has a long history in South Asia. At present, Caste is no longer specific to any religion or region, having been exported to various countries by the South-Asian diaspora, often lacking the equality framework required to address Caste-based discrimination. Caste and race are closely interconnected as comparable systems of oppression and discrimination. However, Caste-based discrimination has been accepted as a form of racial discrimination by the UN Committee since 1996 as a sub-element of discrimination under Article 1(1) of the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD) and as a form of discrimination based on work and descent prohibited by international human rights law since 2000. India has consistently held that caste can neither be equated with race nor covered under descent. The conceptualization of Caste in the wide category of work and descent to cover analogous systems worldwide has proven insufficient to address rampant abuses. Caste is not acknowledged as a distinct ground of discrimination due to its complexities, which require a targeted response internationally. Hence, recognising Caste as a sui generis category of discrimination would provide adequate guidance for national approaches to prevent such discrimination and achieve the equality guaranteed in the international legal framework.