Enterprise and Regulatory Reform Bill

Baroness Flather Excerpts

Monday 4th March 2013 Lords Chamber

[Lord Alton of Liverpool]

My Lords, I want briefly to intervene in order to support the amendment that has been laid before this House by my noble and right reverend friend Lord Harries of Pentregarth, and to support the powerful speech made by the noble Lord, Lord Deben, and the intervention by the noble Lord, Lord Avebury.

As I heard their speeches, I was thinking of two things that I have in my study. One is a poster on the wall that says:

“God so loved the world that he did not send a committee”.

I recalled that it was William Wilberforce who, after the abolition of the slave trade, said that the next great challenge was the abolition of the caste system. Here we still are setting up yet more committees and more inquiries. I really do not believe that that is the signal that we want to send today.

The other thing in my study is a terracotta pot that I brought back with me from Uttar Pradesh two years ago. When a Dalit has held that pot, they are required to break it, because nobody else must touch it if they have drunk from that pot. That is what it means, in simple terms, to be untouchable. Those two simple things motivated me to speak in this debate.

I know that my noble friend has pursued this issue with great vigour and doggedly over the years, and I think that the House ought to support him today not least because, as we discovered in the earlier amendment, the importance of making declamatory statements is sometimes crucial in advancing a cause. The Minister should perhaps recall the wise advice that was given to her on an earlier amendment by my noble friend Lord Cormack. He suggested that if she were not able to accept that amendment today, it would be wisest to come back at Third Reading. The same is true with this amendment. She ought to go away and think about it further if she cannot accept the amendment today, not least because of the declamatory nature of not accepting it.

What signal will that send to the extraordinary number of people who remain in India as Dalits, some 170 million of them in addition to the 400,000 in our own country? When the House considers that every single day in India every 18 minutes a crime is committed against a Dalit; every day three Dalit women are raped; two Dalits are murdered; two Dalit houses are burned; 11 Dalits are beaten; that many are impoverished; some half of Dalit children are under-nourished; 12% die before their fifth birthday; vast numbers are uneducated or illiterate; and 45% cannot read or write it is quite clear that we do not need more inquiries or studies. We have to be certain about what it is that we want for ourselves. The noble Lord, Lord Deben, is right: there are values that we hold dear in this country that we stand for and believe in. We must stand firmly on those principles, not suggest to others that somehow or other to import those kinds of conditions into the United Kingdom would ever be acceptable. Furthermore, however important things such as trade relations are—and they are important to British industry in developing cordial and good relations with India or China—none the less, the stand we take on upholding not just human rights but human dignity, and the belief that no one is untouchable and that every person is of equal value, certainly in the sight of God and as they certainly ought to be in the sight of their fellow human beings, are important. For those reasons, I am happy to support the amendment of my noble friend.

[Baroness Flather]

My Lords, perhaps I may say a few words as the only person here to belong to a caste. As far as I know, there is no other Hindu in the Chamber.

[Lord Singh of Wimbledon]

Yes, there is. There is the noble Lord, Lord Dholakia.

[Baroness Flather]

I apologise to the noble Lord. We know very well what a terrible and shameful thing the caste system is for us Indians. Two issues are the most shameful in Hindu culture—caste and dowry. Both have significant effects on people. Dowry leads to the aborting of girl foetuses and the killing of girl children. Caste puts people down; a whole group of people are there to do the worst jobs that no one else will do. That can never be right.

The problem is that Hindus are discriminating against other Hindus. Very few British people understand the caste system or even know what caste means, other than that there are higher and lower castes. Hindus in this country discriminate against lower-caste Hindus. That is so appalling and unacceptable that I cannot understand how it can be allowed to go on. In India, as the noble Lord, Lord Alton, said, the caste system is getting worse, not better. When India became independent in 1947 and Gandhi started a campaign to allow lower-caste people to do all different levels of work, we all thought that by now there would be no caste system in that country. There was a great hope that the caste system would die out. It has not done so but has got worse. People have killed their own children because they have married a person in a different caste. There are organisations in Delhi that find and bring back young people who run away from their villages to escape the wrath of their parents. They pick them up and bring them to their parents, who have them killed. It is not a joke in India. It is horrible.

We have heard that there are laws in India, Bengal, Bangladesh and Nepal. Those laws are not enforced. No one cares about them, and a few rupees will buy you the willingness of anyone from a different caste to help out, so there is no question of the laws being effective. That also applies to the laws against dowry and aborting girl babies. None of those laws is enforced. A law that is not enforced is of no use whatever.

If we were to pass the amendment, we would be making the clearest statement that society can make that such behaviour is unacceptable in this country. We also need to state to our own people, the Hindus: “You cannot come here and behave as if you are in India because there are laws here that will be enforced and will not be overlooked”. I know how some children were treated in schools when I was teaching. That was some years ago, and things have got worse, not better. Unfortunately, there are Hindu organisations that are against the amendment and feel that it is targeting them and saying that high-caste Hindus are the ones to blame. Well, they are to blame if this discrimination happens, because they start it. I hope that today noble Lords will accept this amendment. It is a very small thing, but it will mean a lot to 400,000 people.

[Lord Singh of Wimbledon]

My Lords, speaking from a Sikh perspective, I give my full support to the amendment. Guru Nanak, the founder of the Sikh religion, taught, “Ask not a person’s caste but look to the inner light within”. At a time when even the shadow of a lower caste person was said to pollute the food of a higher caste, he instituted the system of langar, where people of all religions and social backgrounds were, and are, welcomed to share a gurdwara meal. The historic Golden Temple in Amritsar, recently visited by the Prime Minister, has, as he will have noticed, four doors at its sides, signifying a welcome to all people regardless of religion or supposed social difference.

Emphasis on the equal dignity of all human beings is central to Sikh teachings. I was slightly bemused by the readiness of some, including ministerial advisors I have met—and we see the same misinformation in the ministerial statement—to display their ignorance of basic Sikh teachings and, in a near-colonial way, to conflate caste, class and all undesirable social discrimination and religions on the subcontinent in the word “caste”. Attitudes of superiority and inferiority are found in all societies. We should remember the media headline “Prince William marries a commoner”.

Caste has a very precise meaning attached to practices associated with the Hindu faith. It has its origin in the desire of the Aryan conquerors of the subcontinent in pre-Vedic times to establish a hierarchy of importance, with priests at the top followed by warriors, those engaged in commerce and then those engaged in more menial tasks. The conquered indigenous people were considered lower than the lowest caste. Accident of birth alone determined a person’s caste. Sadly, thousands of years latter, and despite legislation by the Indian Government, which has been referred to, this hierarchy of importance still lingers on.

I have gone into detail because it is important to understand what we are talking about when we discuss discrimination on grounds of caste. It is discrimination arising from supposed Hindu religious belief, but what passes for religion is not always all it seems. Caste in no way relates to underlying and uplifting ethical Hindu teachings. It is simply questionable culture that has, over the years, managed to attach itself to Hinduism in much the same way as discrimination against women—

[Baroness Flather]

The caste system was established very early in Hinduism. The Sanskrit for caste is “varna”, which is also the word for colour. The noble Lord mentioned the Aryan conquerors, who were supposed to be lighter skinned. They wanted a division not only on the basis of who would do what but on the basis of colour.

[Lord Singh of Wimbledon]

I thank the noble Baroness for that. I repeat: caste in no way relates to underlying and uplifting ethical Hindu teachings. It is simply questionable culture that has, over the years, managed to attach itself to Hinduism in much the same way as discrimination against women is seen by some as part of their faith.

The Sikh gurus were acutely aware of such negative cultural practices, and they openly discussed and criticised the prevalence of rituals, superstitions and cultural practices contrary to underlying ethical teachings. At a time when all religions all around the world were emphasising difference and exclusivity, the Sikh gurus stressed the importance of showing respect for sister faiths. The fifth guru, Guru Arjan, showed his respect for Islam by asking a Muslim saint, Mian Mir, to lay the foundation stone of the Golden Temple. The ninth guru, Guru Tegh Bahadhur, gave his life defending the right of Hindus to freedom of worship at a time of forced conversion by the Mogul rulers. At the same time, the gurus taught that people of all faiths must respect fundamental human rights and the equality of all people, including full gender equality.

While I have the greatest respect for a sister faith, I also believe that Hinduism without the old-fashioned concept of caste will be infinitely stronger. Similar negative cultural clutter exists in all our different faiths. Its removal would help religions work together for a fairer society, and it is in that spirit that I support this amendment.

--- Later in debate ---

[Lord Avebury]

Did my noble friend note the quotation I gave from the NIESR report which talked about the educational effect of legislation? The fact is that because employers would have to discharge their responsibilities, they would educate their workforces and thus the whole of society.

[Baroness Flather]

Who is going to educate whom? We have put down so many things under education that I should think they could fill a whole blackboard. Without legislation, I do not understand who will give this education and who will be educated.

[Baroness Stowell of Beeston]

I hope that, as I continue my remarks, I will be able to answer the points made by my noble friend and the noble Baroness. My noble friend Lord Avebury talked about business only needing to familiarise itself with caste legislation when a case of discrimination occurs. I would argue that that is not the case. Employers and service providers have to familiarise themselves with the law in order to avoid being faced with claims for discrimination. The noble and right reverend Lord, Lord Harries, asked about the cost of the education initiative. I can inform him that the estimated cost is around £20,000. I should also say that I thought that the contribution made by the noble Lord, Lord Singh, on the history behind caste was very illustrative because it demonstrated the point I have just made in response to my noble friend Lord Avebury about the need, if we were to introduce a law, to educate business in just how complex an issue this is and therefore how much education will be necessary.

The joint initiative between the Department for Communities and Local Government and the Government Equalities Office has already appointed a body called Talk for a Change to take this work forward in partnership with any organisation that wishes to become involved in finding practical, community-based solutions to the problems and harm that caste-based prejudice can cause. Over the next few months, the programme will see Talk for a Change running a series of regional workshops that will engage with individuals and organisations from local communities to explore the nature and sensitivities of the caste system and the emotional harm that caste prejudice and discrimination can cause. In response to a point made by my noble friend Lord Deben, I say that the workshops will also be used to raise awareness within those communities of the channels of redress that are already open to those who feel themselves to have been victims of caste prejudice, discrimination or harassment. The outcomes from these events will be used to provide material that can be made available to local authorities, schools, colleges, employers, the police and any others who may come into contact with caste-related issues. The details of how those who wish to participate in this project can get involved will be available shortly on the Talk for a Change website, and we will also ensure that these projects are widely advertised.

We believe that this education programme, which will explore all the issues, not just those covered by discrimination legislation, is an appropriate and targeted way of dealing with incidents related to caste that are not already susceptible to the criminal law or other remedies such as employment law or informal grievance procedures. However, that is not all we are doing. As has already been referred to, the Equality and Human Rights Commission was mentioned several times during our debate in Committee as an important player in this issue. We have been in discussions with the commission about caste discrimination, and both the Government Equalities Office and the commission have agreed that it would be useful to examine the evidence from existing studies and the extent to which different approaches might address the problem. This work will not duplicate the previous work undertaken in the area, such as the NIESR report.

In response to the noble and right reverend Lord, Lord Harries, and my noble friend Lord Avebury, who I think used the term Groundhog Day when commenting on this issue, let me make it absolutely clear how this is going to be different. NIESR carried out primary research to determine whether caste prejudice and discrimination exists in Great Britain. That research included discussions with a range of organisations and interviews with individuals who have claimed to be the victims of such behaviour. The commission will use the evidence that is currently available as part of its consideration of the nature of caste prejudice and harassment and the extent to which this problem is likely to be addressed by legislative or other solutions. The commission intends to publish its findings later this year, which we will of course consider carefully. My noble friend Lord Avebury asked whether a budget had been set aside for the commission to look at this issue. The commission has not requested a budget for this work because, as we debated at length in the previous debate, it is an independent body that takes its own decisions about its workload and spending within its own overall budget.

My noble and learned friend Lord Mackay of Clashfern raised an important legal matter, and he was supported in doing so by my noble friend Lord Lester. He said that caste is already potentially a subset of race and that perhaps the current existence of the separate power on caste in the Equality Act 2006 detracts from that. It goes without saying that my noble and learned friend knows far more about the law than I could ever begin to know myself, and whenever he intervenes to make a point, I consider it carefully and with great seriousness. However, we are not aware of any case law directly on this point, although I note that my noble friend Lord Lester seemed to suggest that some exists. What I would like to suggest is that, when the commission undertakes its study, this is an area on which it might properly reflect as part of its work. This is precisely the kind of thing that the commission should consider in the work that it is about to do.