Caste and discrimination


A. The caste concept is rooted in South Asia and involves hereditary communities being classified according to different functions, for example, occupation.

At the moment, caste is not a “protected characteristic” under the Equality Act 2010 (EA10). However, there has been a movement towards new legislation rendering caste discrimination unlawful and, in some circumstances, it may amount to unlawful race discrimination.


Section 9 of the EA10, as amended, requires the introduction of secondary legislation to make caste an aspect of race, rendering caste discrimination a form of race discrimination.


This proposed reform of the law has been pending since 2015. Last year, there was a government consultation on caste discrimination and the government’s response to that is due.


In any event, even without the new legislation, there is a possibility that in some circumstances caste discrimination will fall under the protected characteristic of race. In Chandhok & Anor v Tirkey [2014] UKEAT 0190_14_1912, the Employment Appeal Tribunal found that caste discrimination can be unlawful under existing law, as long as the particular circumstances of the case fall under the existing prohibition of race discrimination. 


Ms Tirkey was of the Adivasi caste and she was found to have been subject to racial harassment by her employers who mistreated her as their domestic helper.

https://researchbriefings.parliament.uk/ResearchBriefing/Summary/SN06862