Newsom vetoed a bill that would’ve protected against anti-caste discrimination, but activists vow to fight on

In a move that shocked many, California Gov. Gavin Newsom vetoed SB 403, a bill that would have amended California’s housing, labor, and education codes to prohibit discrimination based on ancestry, including caste. The bill, spearheaded by state Sen. Aisha Wahab, soared through the state’s upper and lower chambers before it was cut down by the executive branch on October 7.

Newsom said in a statement that “because discrimination based on caste is already prohibited under these existing categories, this bill is unnecessary.”

California was on track to join Fresno, CA; Seattle, WA; and dozens of universities, including the University of California system, in establishing caste as a protected class. The bill attracted a wide array of supporters from diverse faiths and backgrounds, including Equality Labs, the International Commission for Dalit Rights, the Sikh coalition, the American Bar Association, the South Asian Bar, the API Bar, and Legal Aid Work.

A group of Dalit activists affiliated with the advocacy org Equality Labs went on a 32- day liquid-only hunger strike outside of Newsom’s office, starting on September 5 and ending when the Governor vetoed the bill, according to a statement from the group sent to NowThis.

Though India outlawed the British-enforced caste system in 1950, when India’s constitution was ratified, caste-oppressed people — those on the “lowest rung” of the caste system, Shudras, and those that “fall outside” the system, Dalits — say they still face bigotry in India and abroad.

According to an Equality Labs 2018 survey, 25% of Dalits who responded said they have faced “verbal or physical assault.” 20% said they felt “discriminated against at a place of business.” 1 in 2 Dalit respondents and 1 in 4 of Shudra respondents said they feared their caste being “outed.”

Opponents of the bill, and other legislation like it, say that caste-aware legislation paints Hindus and South Asians as bigots. If caste is a Hindu concept, then the bill, on its face, is prejudiced against Hindus. “With the stroke of his pen, Governor Newsom has averted a civil rights and constitutional disaster that would have put a target on hundreds of thousands of Californians simply because of their ethnicity or their religious identity,” managing director of the Hindu American Foundation, Samir Kalra, said in a statement praising Newsom’s veto. He also called the bill “racist.”

In a comment to The Guardian, Equality Labs’ founder Thenmozhi Soundararajan pushed back against the idea that laws against caste discrimination are inherently anti-Hindu, as there are caste-oppressed individuals in many societies, such as the Romani people in Europe, the Madhiban in Somalia, and the Burakumin in Japan.

Though the bill was struck down, many activists still see the efforts leading up to the veto — and Newsom’s apparent acknowledgement of anti-caste discrimination — as a victory. California’s Democratic Party Progressive Caucus chair emeritus and attorney Amar Singh Shergill said on X, formerly known as Twitter, that Newson’s statement “declared that the Californian Constitution bans caste discrimination.” He said that organizers have “gone from a legal position that was hopeful but tenuous to one that is rock solid.”

Raju Rajagopal, co-founder of Hindus for Human Rights, echoed his sentiments, saying that the Civil Rights Act of 1964 was rejected by Southern Democrats before it was officially enshrined into law for the same reasons as SB 403.

As for the fate of SB 403 as it kicks back to California’s statehouse, Equality Labs spokesperson Dani Sher told NowThis that they will be following Sen. Wahab’s lead.

“Wherever caste-oppressed communities and allies decide to mobilize to implement efforts like this, we will be there to support them,” Sher said. “We will continue our multifaceted work across training, advocacy, leadership development, and healing justice to advance Dalit civil rights and redefine the South Asian American identity to center the most vulnerable.”

Sen. Aisha Wahab’s office declined to comment on this story, pointing to her official statement.

KnowThis:

Dalit activists say that discrimination is particularly prevalent in Silicon Valley. In 2020, the California Civil Rights Department made a formal complaint against tech giant CISCO, alleging that a Dalit engineer received lower pay and fewer opportunities and was retaliated against when he “opposed unlawful practices, contrary to the traditional order between the Dalit and higher castes.” The complaint against the 2 employees was dropped, but the case against CISCO is ongoing.