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Article: Times of India
15 March 2001
by Soli Sorabjee, Indian Attorney-General
Ms Smita Narula's letter ``Caste Away''
(March 9) overlooks that discrimination can be on several grounds
such as religion, gender, race or caste. The forthcoming
conference in Durban is focused on racism. It is not a conference
on discrimination in general.
It is undeniable that despite constitutional
and legal provisions caste based discrimination in our country
persists and is pervasive and strong effective measures are
needed to stamp out this evil. However, caste based
discrimination cannot be equated with racial discrimination. Our
Constitution makes a clear distinction between race and caste as
heads of discrimination (Articles of 15.1 and 2 of the
Constitution). The observations of the Supreme Court in the
celebrated Mandal case also bring out this distinction.
At the meeting of the UN Sub-Commission on
Promotion and Protection of Human Rights held in last August in
Geneva I had during the deliberations expressed my firm view that
caste based discrimination is different from the discrimination
on the basis of race. Unfortunately during the final stage when
the resolution was passed I was absent owing to compelling
professional engagements in the Supreme Court.
I am afraid I cannot accept Ms Smita Narula's
gratuitous advice that as Attorney General of India I should
encourage the government to implement the resolution which I did
not help to create. Besides I genuinely believe along with
others, including the eminent social scientist Andre Beteille,
that racial and caste based discrimination are not synonymous.
Human Rights Watch, a US NGO, for whom Ms
Smita Narula living in New York works may entertain a different
view depending on their perceptions and agenda.
Posted on 2001-07-16
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