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On 23rd July 2018, the British Government announced the result of the long awaited Caste Consultation. The Government will not be implementing the caste law as envisaged by Equality Act 2010 Section 9(5) but instead the government will now be taking steps to repeal the Caste provision.
Government response on Page 3 states , as the result of a 2013 amendment to section 9 (5) (a) of the Equality Act 2010, a duty exists to introduce specific legal protection against discrimination because of caste, by making caste an aspect of race for the purposes of the Act. However, the subsequent judgement of an Employment Appeal Tribunal [EAT] in the Tirkey v Chandhok case in 2014 established that many of the facts relevant in considering caste in many of its forms might be equally capable of being considered as part of a person’s ethnic origins, which is already part of the existing race provisions within the Act. The consultation therefore invited views on whether suitable legal protection against caste discrimination is better ensured by exercising the duty or by relying on emerging case-law under the Act as developed by courts and tribunals. The public consultation ran from 28 March 2017 to 18 September 2017.
We are deeply disappointed at the government's announcement. We shall be seeking community wide views on what further steps could be taken to appeal to the government to re-consider its position.
To view Consultation Response : click here
To view Consultation Analysis : click here
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