By Rajiv Shah
In a surprise move, an American university has published a "controversial" report titled "Caste-Based Discrimination in US Higher Education and at Rutgers". The report has sparked debate, as no sooner was it released than an Indian diaspora advocacy group, CasteFiles, filed a complaint against Rutgers University and Prof. Audrey Truschke, co-chair of the task force that prepared the report. The complaint, filed under Title VI of the US Civil Rights Act of 1964, alleges violations of the right to education free from harassment and discrimination.
What is CasteFiles? According to its website, the group seeks to “challenge the harmful labeling of caste in the global lexicon.” It argues that the term is of Portuguese origin and "not relevant in North America," where it claims caste is being "legitimized in policy." The group asserts, “We oppose the textbook theory of caste as a Hindu construct” and insists, “It is high time the world and Indians themselves stopped typecasting India as the land of the caste system.”
The report has garnered significant attention, particularly from those who aim to downplay casteism as a hierarchical social system prevalent in India and among Indian communities abroad. Prof. Audrey Truschke, known for her book "Aurangzeb: The Man and the Myth" (2017), has faced accusations of Hinduphobia from Hindutva supporters in both India and the US, who have frequently trolled her online.
Be that as it may, the Rutgers report begins by noting that "many Americans lack awareness of caste as a type of social stratification." The report defines caste as an inherited and immutable social hierarchy marked by unequal power relations. It highlights the discrimination faced by Dalits, described as a "preferred term for 'untouchables' in the Indian caste system."
The report argues that understanding "the key dimensions of caste is essential to educating the Rutgers community and combating caste-based discrimination on and off campus." It provides examples of harassment and discrimination, such as a PhD student at the University of Alabama who was denied a position by a lab director based on caste. Similarly, a Dalit student at Rutgers shared in 2021 how every Indian peer he met would inquire about his caste. “I try my best to hide it. Either I say ‘I don’t know’ or I try to say something else. It’s not just older people; even my peers are the same. I always feel afraid to tell Indians because once they find out, they start treating me differently,” the student explained.
The report quotes Kevin Brown, a law professor at Indiana University, who says, “The United States doesn’t recognize the concept of caste, so it’s not included in any of our laws that prohibit discrimination. There are very few protections for Dalits in the United States.”
The report notes that this lack of legal recognition extends to New Jersey, where Rutgers is based. "New Jersey State Police do not consider caste a cause of bias incidents," it states, adding that other agencies, such as the New Jersey Civil Service Commission, also do not track caste-related claims. Nonetheless, the report cites a 2021 FBI investigation into caste-based labor trafficking at a temple in Robbinsville, New Jersey, where low-caste workers were subjected to grueling labor under exploitative conditions.
Further, a Rutgers professor recounted an incident in class where an Indian student openly declared they were Brahmin and that their parents would never allow them to marry a Dalit, even if the Dalit partner were successful or wealthy. The professor admitted feeling powerless to address the harmful implications of casteism due to the lack of explicit protections against caste-based discrimination.
The report concludes by recommending that Rutgers add caste as a protected category under its nondiscrimination policy, collect data on caste-based discrimination, and actively raise awareness. This is particularly significant given that, according to 2023 Census estimates, individuals of Indian origin constitute 4.6% of New Jersey's population. Nationwide, the Indian American population stands at five million and continues to grow.
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