Canada: New policy on caste discrimination in Ontario divides Indo-Canadian community

Toronto: A new policy statement issued by the human rights commission of Canada’s most populous province on caste discrimination has been received with mixed reactions by the Indo-Canadians with some groups welcoming it and others accusing it of fostering bias against minorities in the country.

The Ontario Human Rights Commission (OHRC) release outlined its policy position on caste-based discrimination last week. In a release, OHRC said it had “prepared this policy statement to raise awareness of people’s rights and legal obligations to prevent and address caste-based discrimination under Ontario’s Human Rights Code”.

The statement acknowledged that it believed “existing grounds in Ontario’s Code provide for the necessary protections to deal with any potential form of discrimination related to a person’s caste or descent”.

“The OHRC takes the position that caste-based discrimination is an intersectional system of discrimination that can be covered under any combination of ancestry, creed, colour, race, ethnic origin, place of origin, family status, or possibly other grounds, under Ontario’s Code,” it added.

Community activists championing recognition of Hinduphobia in Canada welcomed the OHRC’s statement that “discrimination based on a stereotype or perception that an individual or group practices a religion or comes from a community associated with the caste system”.

In a statement, the organisation, Canadian Organisation for Hindu Heritage Education (COHHE), said, “We are pleased to note that the policy clearly states that xenophobia is against the code indicating that discrimination against Hindus because of prejudice against Hindu religion or their countries of origin is against the Code. As quoted below, the policy states that ethnic profiling of a religious group is also against the code.”

However, it said, while “the policy does not explicitly name Hinduism, the inclusion of caste markers such as “family deities” clearly implies to Hinduism. This is promoting xenophobia and ethnically profiles Hindus”.

COHHE said it was concerned that “caste is a very complex construct with no agreement to its definition. How and who will determine the caste of 14 million Ontarians?” It also expressed disappointment at being denied the opportunity to make a presentation before the OHRC.

However, in an email, Chetna Association of Canada, welcomed the policy position. In an email to OHRC, its executive director Jai Birdi said, “Acknowledging the caste-based discrimination is a global concern, is a step towards enhancing accountability and creating changes.”

“We are pleased to see that this position statement urges the organisations to review and enhance their inclusion and diversity policy framework and ensure the processes are in place to address caste-based discrimination,” he added.

Meanwhile, Rishabh Sarswat, president of Coalition of Hindus of North America (COHNA), said, in a release, “We have consistently maintained that caste-based discrimination, if it exists at all, is already covered by existing laws. This should persuade City Councils and School Boards, which often get swayed by emotional appeals not grounded in data, to refrain from attempting to create new grounds for discrimination since OHRC clearly states it is beyond their scope.”

COHNA Canada also warned that the policy could have an adverse impact on the community, as its release noted, “These guidelines are another way to profile Hindu Canadians, based on arbitrary and often birth-based attributes like last names, family backgrounds, skin tones, and vegetarian diets. This insensitivity is particularly traumatic given the rash of attacks the community has already been facing on its temples and festivals”.

OHRC defined the caste system as “a social stratification or hierarchy that determines a person or group’s social class or standing, rooted in their ancestry and underlying notions of ‘purity’ and ‘pollution’. It is a traditional practice based in the political, social, cultural and economic structures of some cultural or religious communities and the societies in which it is practised”.

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