Against Caste in British Law: A Critical Perspective on the by Prakash Shah PDF

By Prakash Shah

ISBN-10: 1137571195

ISBN-13: 9781137571199

ISBN-10: 1349553158

ISBN-13: 9781349553150

This e-book discusses the salience of the caste query in united kingdom legislation. It presents the historical past to how the caste provision got here into the Equality Act 2010 and the way it used to be bolstered in 2013, and analyses some of the pursuits that performed a job in getting caste into legislations.

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Additional resources for Against Caste in British Law: A Critical Perspective on the Caste Discrimination Provision in the Equality Act 2010

Sample text

So, in the past, legislators carefully considered the extent to which the public interest required the scope of legal provisions against discrimination on a particular ground to be reduced or enlarged. 0006 32 Against Caste in British Law to the type of discrimination one is talking of. 20 This is understandable in a culture such as the United Kingdom or the West, which is constituted by a religion (Balagangadhara 1994; Balagangadhara and Jhingran 2014). Not to provide broad exceptions for religious conscience would be to create havoc in society because, suddenly, all types of highly disruptive claims may be coming forth.

While he seemingly adopts a critical stance on the Orientalist archive, in taking that stance, Dirks presupposes and brings back to reapply from that archive the narrative of the ‘sacerdotal nucleus’, the ‘most complete system of absolute oppression’ that Ward saw (Bayly 1999: 110), or the cocktail of ‘despotism and priestcraft’ that Mill spoke of (Dirks 2001: 33). We saw Davis (2010) do the same earlier (Chapter 1). So invidious is the tendency to locate the oppressive structures of Indian culture that such contortions have been read even into archeological evidence.

In these narratives, espousing a common religion and speaking a common language and having common laws and institutions provided the basis for making a nation, a people or a race. The Orientalist anthropological categorization of Indian people had direct effects in influencing subsequent thinking about them, again demonstrating the distortive effects of European thought. In the late 19th century, anthropometric measurements were enlisted to section out which parts of the Indian population belonged to which race.

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Against Caste in British Law: A Critical Perspective on the Caste Discrimination Provision in the Equality Act 2010 by Prakash Shah

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