Ontario's human rights commission now recognizes caste-based discrimination. Here's what that means

Ontario's human rights commission recognized caste-based discrimination for the first time last week and while many advocates applaud the move, there are also hopes it will lead to further action at provincial and federal levels. 

On Oct 26., the commission published an official policy position on how to address the issue under the province's human rights code. It tells organizations covered by the Ontario Human Rights Code, including employers, housing providers, facilities and unions, trade or professional associations, that they have an obligation to investigate possible cases of caste-based discrimination. 

"Organizations must respond to and investigate claims of caste-based discrimination, and remedy situations when discrimination is found. They should have a human rights complaint procedure in place and could also recognize caste-based discrimination in a corporate human rights policy," the policy says. 

The commission defines caste as a hierarchy that "determines a person or group's social class or standing, rooted in their ancestry and underlying notions of 'purity' and 'pollution.'"

The caste system is an ancient Indian social structure with roots in ancient Hindu texts. The system divides people into four main sub-communities based on ancestry — Brahmins, Kshatriyas, Vaishyas and Shudras. The four main castes are further divided into 3,000 castes and 25,000 sub-castes.

A person's caste can often be identified by their last name, but the tradition transcends religion. Many Indians with Hindu lineage whose ancestors adopted Sikhism or Christianity retained their last names, and their caste designations.

According to the caste system, Dalits are outcasts and are either at the bottom of or do not belong to the social order.

Vijay Puli, the co-founder of the South Asian Dalit Adivasi Network, which campaigns for Dalit rights, says the move has been a long time coming and that he's been campaigning for the commission to address caste discrimination for over six years.

"I feel very happy that our voice is being acknowledged in Canadian society," said Puli. 

"It's the first time we're seeing this kind of progressive step," he said, adding he'd now like to see policies created by legislators across the country. 

The OHRC's policy comes after the Toronto District School Board passed a motion in March that called on the commission to create a framework to address such discrimination. According to the motion, there is concern about caste-based discrimination in Toronto and a framework would help empower the board to address it in school communities. Trustee Yalini Rajakulasingam told The Canadian Press students have contacted her recounting caste-based slurs hurled at them by other students.

The TDSB did not respond to a question from CBC Toronto about whether the board will now create its own policies following the commission's policy position.

Puli, who first came to Toronto from India in 2006, identifies as Dalit. He said he often hears slurs from South Asian people toward Dalits, depicting them as "criminals."

"It hurts me when I hear that," he said.