The Government has decided not to add "caste" as a protected characteristic within the Equality Act 2010.
Instead the government will rely on emerging caselaw such as Chandhok v Tirkey (where it was held that the definition of "race" in the EqA 2010, which includes "ethnic origin" was wide enough to encompass caste) in the expectation that the courts can provide some measure of protection against discrimination on grounds of caste through the "ethnic origin" route.
Section 9(5)(a) of the EqA 2010 (which requires caste to be made an aspect of race for discrimination purposes) is to be repealed.
This article is taken from HR Law - August 2018.
