Washington D.C - In a groundbreaking move, the American Bar Association (ABA), recognized as the world's largest voluntary association of lawyers, has stepped forward as a powerful advocate against caste discrimination. The ABA's recent resolution known as Resolution 513, calls upon Congress, state, local, territorial, and tribal legislatures to adopt or amend laws, regulations, and policies aimed at preventing discrimination based on caste. The resolution serves as a significant stride towards safeguarding the rights of Dalits and other caste-oppressed communities, advocating for their protection from unjust caste-based discrimination.
The ABA was founded in 1878 on a commitment to set the legal and ethical foundation for the American nation. Today, it exists as a membership organization and stands committed to its mission of defending liberty and pursuing justice.
Serving as the national voice of the legal profession, the ABA has a profound impact on the administration of justice. Beyond its role in accrediting law schools and providing continuing legal education, the association works to enhance the legal landscape's fairness and accessibility. Now, by advocating for legislation to prohibit caste-based discrimination, the ABA is channelling its influence to address a deeply ingrained social issue that transcends borders.
US based activist Dileep Mhaske spoke to The Mooknayak on the need and significance of Resolution 513 in the battle against caste discrimination in the United States. He said, " Caste discrimination, a deeply rooted system that has oppressed countless individuals, especially in South Asia, has now caught the attention of the ABA. The ABA's ground breaking resolution marks a milestone in the ongoing battle for human rights, signifying a transformative shift in understanding."
Mhaske further said ," Mary Smith, ABA's first indigenous woman president has been the driving force behind Resolution 513. Smith's journey isn't merely her own; she bears the weight of indigenous history, rich with tales of perseverance and determination. Her leadership role is not only a torchbearer for indigenous women but an inspiration globally, especially for those who have been historically marginalized. Championing the cause against caste discrimination, she echoes the relentless spirit of Dalit rights activists, pushing the frontiers of justice."
The ABA's commitment to upholding the rule of law extends beyond geographical boundaries. With its historic resolution, the association is igniting change on an international scale, emphasizing the importance of equality and justice. By recognizing the pressing need to eradicate caste-based discrimination, the ABA is not only acknowledging the challenges faced by marginalized communities but also reinforcing its dedication to fighting for the fundamental rights and dignity of every individual.
ABA members have served as legal advisors to American Presidents Obama, Clinton , John Adam etc and ABA has emerged as the most powerful body of legal experts that controls worlds legal systems specially related to human rights issues.
Resolution 513 by the ABA Calling on Congress, agencies, academia, and legal practitioners to acknowledge and eradicate caste-based discrimination, it bespeaks an evolved consciousness in human rights recognition. It’s a clarion call for empathy, understanding, and action, pressing for caste inclusion in anti-discrimination policies. This is not just an amendment in legalese but a salve on deep-seated wounds, promising sunrise after centuries of dark nights.
The ABA's pursuit is not a mere addition to anti-discrimination lexicons; it’s a recognition of the insidious, deep-rooted prejudice scarring countless lives. It’s a reckoning, an acknowledgment that the battle for justice is incomplete until all shadows of discrimination are banished. The ABA, with this monumental move, has lit a beacon for others to follow. Eradicating caste-based discrimination isn’t just timely; it’s a moral compulsion.
The Dalit community's struggles, often overshadowed within the diverse diaspora of the US, find renewed attention through the ABA's Human Rights report. This report highlights the disturbing reality that discrimination knows no borders, reflecting the urgency to address caste-based biases.
On October 22, 2022, the ABA’s Center for Human Rights published a report titled “Challenges for Dalits in South Asia’s Legal Community.” The report had found that “Dalit community is facing several structural challenges that impede their equal representation in the justice sector. Implicit and explicit biases expressed by members of the judiciary, who have the power to appoint fellow judges, have hindered efforts to ensure equal representation in the judiciary. Further, the chapter found that both aspiring and practicing lawyers from Dalit backgrounds are often denied mentorship, professional opportunities, and access to networks due to their caste.”
The extent of caste discrimination has compelled many Dalit workers to conceal their caste identities and pass as non-Dalits in workplaces that they share with dominant castes. Many report that dominant castes aggressively investigate the caste status of their peers. Oppressed caste workers report experiencing workplaces as minefields where colleagues from privileged castes might probe their backgrounds to find out their origins and where missteps can lead to exposure and stigma.
A 2021 Indian American Attitudes Survey (IAAS) revealed that many Indian Americans report being victims of caste discrimination. For Americans from oppressed caste background, discrimination on the basis of caste is omnipresent, occurring not just in the work place but in social settings and relationships, including marriage. Activist Anita Lal in an article " Why I Celebrate The Seattle Ordinance To Outlaw Caste Discrimination" , writes that many instances are unaddressed because there are no pathways to justice and no policies that provide [caste oppressed peoples] with protection or tools for employers to understand caste discrimination.” She continues, “these systems of oppression are the same as white supremacy, and the same systems of discrimination that racism thrives under.”
Resolution 513 urges the ABA to join the ranks of the numerous institutions by adding caste as a protected class in its Business Conduct Standards (BCS). The ABA’s BCS apply whenever a member or employee is performing services or conducting business for or on behalf of the ABA, and whenever a contractor is performing services, conducting business for or supplying goods to the ABA. All members, employees and contractors must consider and adhere to the BCS whenever they are conducting ABA business.
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