SB-403: California Governor's Veto Fuels Ambedkarites' Resolve Against Caste Discrimination

Sacramento, CA- Governor Gavin Newsom's recent veto of Senate Bill 403, which aimed to explicitly ban discrimination based on caste, has ignited intense debate and divisions within the South Asian community. The landmark first-of-its-kind anti-caste discrimination bill would have added “caste” as a protected characteristic under ancestry in California’s anti-discrimination laws.

The bill's rejection has been hailed as a victory by some Hindu residents and organizations who argued that existing laws were sufficient and that the proposal unfairly targeted them. Though Newsom has rejected the legislation for now, the caste equity movement still views this as a win.

The proponents of the bill contended that it was necessary to increase awareness about caste discrimination in the United States and offer reassurance to potential victims. This decision has far-reaching implications and has stirred discussions about ethnic and religious tensions among Indian Americans, as well as Governor Newsom's political ambitions.

However, the decision has not deterred the determination of Ambedkarites and activists. Instead, it has ignited a renewed resolve among those committed to eradicating caste discrimination and promoting equal rights within the South Asian community and beyond.

The Background

Historically, the South Asian diaspora in the United States was primarily composed of upper-caste individuals, owing to their greater access to resources for skilled worker visas. However, affirmative action policies in India have enabled individuals from oppressed communities to attend universities and move abroad.

The issue of caste discrimination gained prominence in 2020 when California's Civil Rights Department sued Cisco Systems, alleging caste discrimination by two engineers.

Senate Bill 403, a ground breaking piece of legislation, sought to make California the first state in the United States to expressly ban discrimination based on caste. The bill was courageously introduced by Senator Aisha Wahab—California’s first Muslim and Afghan Senator—in February of this year and immediately gained widespread support amongst California’s communities. 

• The bill had garnered significant attention and stirred heated debate within the South Asian community, particularly in Silicon Valley, where South Asians constitute a substantial portion of the workforce.

• Opponents of the bill, including Hindu residents and organizations, argued that it was unnecessary, as existing laws already prohibited discrimination based on ancestry and religion.

• Proponents believed that explicit legislation against caste discrimination was essential to raise awareness and provide protection for potential victims.

• Activists had undertaken a hunger strike for over a month outside Governor Newsom's office to press for the bill's passage.

Republican Senators Requested Veto on SB-403

In a letter dated October 3, Senators Brian Jones from the 40th Senate District and Shannon Grove from the 12th District had requested Governor Newsom's veto on Senate Bill 403. They expressed significant concerns regarding the bill, describing it as discriminatory and highlighting several key points.

The senators argued that SB 403, if passed, would target and racially profile South Asian Californians, particularly Hindus, and would set a troubling precedent by adding the term "caste" to the definition of "ancestry" in California law. They emphasized that the bill's language would potentially deny constitutional rights of equal protection and due process to South Asians, asserting that caste was inherently linked to Hinduism according to various sources, including the California Civil Rights Department and Equality Labs.

The senators further contended that there was a lack of concrete evidence to support the extensive presence of caste discrimination in the state and expressed concerns about the potential negative impact of the bill on businesses and innovation in California. Additionally, they criticized the broad definitions of "caste" and "inherited social status" in SB 403, suggesting that these definitions could leave millions of Californians vulnerable to accusations of discrimination.

Governor's Veto and its Impact

Governor Newsom's decision to veto the bill was met with mixed reactions. He justified his action by asserting that existing laws were sufficient to address the issue and that the bill was unnecessary.

This viewpoint was supported by some Hindu residents and organizations who felt that the proposed legislation unfairly targeted them, as the caste system is most commonly associated with Hinduism.

Reacting to the Governor's decision, Samir Kalra, Managing Director Hindu American Foundation stated: “This is a victory for the civil rights of all Californians. 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, as well as create a slippery slope of  facially discriminatory laws. We thank Governor Newsom for listening to the thousands of voices that contacted his office and seeing that SB-403 was premised on racist rhetoric, a baseless lawsuit, egregious Civil Rights Department misconduct, false claims about the Hindu religion and South Asian community at large, and the self-serving, methodologically flawed, caste survey by Equality Labs."

Suhag Shukla, HAF Executive Director stated:  “We at HAF have always said that any discrimination on the basis of ‘caste’ violates not only Hindu teachings, but also existing state and federal law. The fight over SB-403 has always been about the best solution for any intra-community discrimination, not whether such protections are needed. 

SB-403 forced our community to find its voice. The months spent educating the community about their rights, providing trainings and tools to effectively advocate as constituents, peacefully assembling in protest, offering testimonies at the Statehouse, writing countless letters to legislators and Governor Newsom, and meeting with numerous offices have all paid off. We’re grateful to Hindu Americans across the state who have shown tremendous resilience and to our allies for coming together like never before.

To all those who have suffered discrimination, we stand with you. We hope to move forward together, educating our community to live the values of our shared traditions that insist on equality based on teachings of oneness of all of existence. We hope to move forward without hatred or malice to bring together our community which SB-403 so unnecessarily divided.”

The veto has left proponents of the bill disappointed, as they believed it was a critical step toward addressing caste discrimination in the United States. Several universities and companies had already added caste to their discrimination policies, and Fresno recently became the first city in California to enact a ban on caste discrimination.

While California lawmakers are not expected to override the veto, the issue is likely to persist. Legal battles continue as state regulators pursue their lawsuit against Cisco. Opponents of the bill are expected to keep arguing against new protections, as evidenced by Hindu professors suing California State University to block its addition of caste to its discrimination policy.

This veto will not keep us from seeking justice, will continue the fight: California Coalition for Caste Equity

The veto is seen as a significant setback for Dalit rights activists and organizations that have been engaged in protests and hunger strikes for weeks. This decision leaves caste-based discrimination unaddressed in California and establishes a precedent that could impact similar debates in other states and cities. However, activists and Ambedkarites remain undeterred and committed to continuing their fight for justice.

In a research at Equality Labs, the nation’s leading Dalit civil rights organization, it was found that 1 in 4 people from caste-oppressed backgrounds face physical and verbal assault, 1 in 3 educational discrimination, and 2 in 3 workplace discrimination.

Thenmozhi Soundararajan, Executive Director of Equality Labs and member of the California Coalition for Caste Equity, in a statement said, “We are very proud of the power and resilience that caste-oppressed people across the state have shown in their advocacy for SB403. While it is heart breaking to receive the Governor’s veto, it is not a reflection of the incredible democratic power that our communities showed. We did the impossible. This is the first state bill caste-oppressed people organized and built amazing power and awareness on this issue. We made history conducting the first state wide advocacy days, caravans, and hunger strike for caste equity. We made the world aware that caste exists in the U.S. and our people need a remedy from this violence. A testament to our organizing is in Newsom’s veto where he acknowledges that caste is currently covered. So while we wipe our tears and grieve, know that we are not defeated. For as MLK said though it be long, the arc of the moral universe does eventually bend toward justice. Today, we are continuing our and our ancestors’ call for caste equity. Caste-oppressed people have been mobilizing for years to fight against this form of historical violence and will continue to do so. Due to the pathway paved by the brave civil rights leaders who came before us—Dr. Ambedkar, Rosa Parks, MLK, Savitribai Phule, and many more—we are one step closer to attaining true freedom and healing for we are stronger together".

Maya Kamble, President of Ambedkar Association of North America (AANA) said, " Governor vetoed the bill. We are trying to figure out what our next steps should be. Positive things that have come out of this exercise are there’s so much more awareness now about caste based discrimination and lawmakers/Governor/opposition all have now said now that Caste is covered as a protected category. So, in future if there’s a caste discrimination case, it will help our cases. Just the way Dr. B. R. Ambedkar’s Hindu code bill ultimately got passed in sections later and women benefited from it - these bills will pass too."

Harman Singh, Policy & Education Director, Sikh Coalition said, "The Sikh Coalition is deeply disappointed to learn that Gov. Gavin Newsom has chosen to veto SB403. The Sikh Coalition was proud to sponsor this legislation, because we know first hand the pain and trauma that comes with being targeted by hate, and the Sikh faith explicitly condemns caste discrimination. Accordingly, we joined more than 45 Sikh organizations and gurdwaras in California urging Gov. Newsom to sign this bill. While we are frustrated by this failure to take a meaningful step forward for the civil rights of all, we will continue to fight for legislation that protects all communities—including the Dalit community—from hate and discrimination."

Kiran Kaur Gill, Executive Director of SALDEF- “We are deeply disappointed by Governor Newsom's veto of SB 403, which would have banned caste discrimination in California. This veto is a missed opportunity to protect millions of Californians from a form of discrimination that is deeply rooted in our society. But we won’t stop fighting for a more just and equal society and will continue fighting for California to be the first state to ban discrimination based on caste.”

Rasheed Ahmed, Executive Director of Indian American Muslim Council said, “As Indian American Muslims, we are shocked, disheartened, and deeply disappointed to see that Governor Newsom backed down from the chance to uphold the civil rights of all Californians and make history for caste-oppressed people throughout the state by vetoing SB-403. However, we will not let this denial of the realities of caste oppression in the US stop us from continuing to stand by our Dalit brothers and sisters in the pursuit of justice. We will continue to push for the end of caste discrimination in the US and worldwide.”

Nirmal Singh, Californians For Caste Equity and Sri Guru Ravidassia Community stated, “The introduction of SB-403 represents the shifting tide in California to understand caste-based discrimination. The fact that caste-oppressed people were given a platform to stand up for our basic human rights is a huge win in and of itself. Bills like SB-403 would have allowed us to stand safely in our caste-oppressed identities. Though Governor Newsom has rejected the bill for now, we will continue to work alongside many Californians in labor, civil rights, and interfaith movements to ensure California’s opportunities are accessible for all going forward.”

Sana Qutubuddin, No Separate Justice/Indian American Council- “As an Indian Muslim, my freedom is connected to the freedom of all caste-oppressed people. We are united in our ask for caste equity and we ask all folks to stand with the cause for justice and love. As a caste-oppressed Muslim, I can affirm that it is unbelievably important that the California legislature listened to the pain of caste-oppressed people of all faiths and worked swiftly to remedy this violence. This veto will not keep us from seeking justice. Justice can no longer be delayed and we cannot wait to continue to build with fellow Californians on this important issue in the future.”

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