Is naming caste in law an anti-Hindu act? Supporters and opponents of caste laws bring different answers to this question. This brief presents the main arguments for and against naming caste in law in the terms of the opponents and supporters of caste laws, and analyses the court records and the available evidence. It takes no position on this issue. Both opponents and supporters of caste laws are against discrimination, and they come up with different alternatives to address discrimination. Lets see is caste a hindu practice?
A summary of the key points of the caste laws debate
Local laws in Seattle and Fresno name caste. The California state legislature has passed a bill that the Governor vetoed (our bill tracker). Supporters say a named provision of the law clarifies things. Opponents say the existing law is clear, and that this provision creates an unnecessary stigma for South Asians and Hindus. Our site has a guide on caste in America.
What each side says about whether caste is a Hindu practice
Supporters and opponents of caste laws agree on one thing. The practice of caste exists across various South Asian religions. In the Indian Constitution, ‘caste’ means the practice of distinguishing and grouping various religious communities of India, including Islam, Christianity, Sikhism and Buddhism (Rep. Raja Krishnamoorthi, American Kahani 2023 op-ed, “The Need for Calling Out Hinduphobia”). Our posts on Ravidassia and caste in British gurdwaras support this in the context of Sikhs.
The author(s) of this section didn’t reach a consensus on the origins of the concept of caste. One author argues that the British installed the system of caste to consolidate their colonial policies and to divide people based on caste to gain political power. This author acknowledges that this has very little to do with the Hindu religion. Another author argues that to deny the relation between caste and Hinduism is a “blatant falsehood.” Mohandas Karamchand Gandhi and B.R. Ambedkar both saw the connection between caste and Hinduism. The scholars referenced here differ on their views concerning the British and the installation of the caste system.
The arguments against caste laws
The principal adversaries of the legislation in California have been the Hindu American Foundation (HAF) and the Coalition of Hindus of North America (CoHNA). Their principle arguments have been:
- It targets a specific community. HAF’s legal memo argues that because “caste” is stereotyped to be of, and to be applied only to, people from India and South Asia, therefore policing “caste” denies equal protection to those people (American Kahani, 2023 summarizing the memo). CoHNA argues that the term is greatly associated with Hinduism and that the public’s understanding of the term would lead to discrimination against Hindus (CoHNA, “Oppose California SB-403”).
- This already exists. CoHNA states that adequate protections already exist in California laws that prohibit discrimination on the basis of national origin and ancestry (CoHNA). Governor Gavin Newsom noted the same in his October 7, 2023 veto message. He deemed the bill “unnecessary” as he stated that California already prohibits discrimination on the basis of sex, race, religion, ancestry and national origin, and these provisions are to be broadly construed (CalMatters, October 2023; CapRadio).
- State-sponsored profiling. CoHNA also states that the bill would allow the state to legally endorse profiling people as being prone to being discriminated against on the basis of caste (CoHNA).
- There is very little evidence. CoHNA also states that there is no evidence to suggest the presence of systematic caste discrimination in the United States (CoHNA, June 2026, as cited by IndiaWest).
- Not only Hindus are against. There were also non-Hindus and representatives of a group that supports and advocates for people from lower castes who were against the bill (Mother Jones, August 2023).
The director of the HAF said the main issue of the legislation was about the best way to address intra-community discrimination and not on the need for protection (Suhag Shukla, as cited by CalMatters).
Hinduphobia and caste
“Hinduphobia” is the term used by HAF and CoHNA. Mother Jones reports that in reference to these laws and policies, some argue that caste laws and policies “single out” Hindus and bolster anti-Hindu bigotry. Others, including Slate (in September 2023), say the term is used to deflect criticism of the caste system or Hindu nationalism. A law review proposal says, conservative Hindu groups argue, and the courts have rejected, that the goal of including caste in the protected classification is to paint Hindus as bigots (Syracuse Law Review, “Should Caste Be a Protected Class?,” and racism.org, “Casteism and the Hindu Far-Right,” 2025). Please refer to the log for information on how I treated the sources.
The case for naming caste
Supports, including Hindus for Human Rights, Equality Labs and dozens of civil and human rights groups and lawyers’ groups, say:
- It is not covered by the law. In 2018, a Dalit lawyer in New York state filed the first known caste discrimination case in the U.S. and the state Division of Human Rights dismissed it, stating that “caste is not a protected category” (Queens Ledger, May 2026). Professor Nirupama Krishnamurthi told the New Jersey State Bar Foundation that caste does not always align with race and does not fit neatly within other existing legal classifications.
- It encompasses people of different religions. The Sikh American Legal Defense and Education Fund, which supported the CA bill, stated that caste discrimination can occur in the form of bullying and harassment, as well as wage and housing discrimination (CalMatters, October 2023).
- Clarity and training. Employee resource groups contend that identifying caste would lead to investments in training and data, as detailed in our article about caste discrimination in Silicon Valley.
- Some Hindus endorse it. Hindus for Human Rights backed SB 403 and the Seattle legislation; its co-founder said she was heartbroken by the veto (Wikipedia, “Hindus for Human Rights”; CapRadio, October 2023). The Religion News Service (October 2023) reported that Hindus for and against the bill rallied together.
What the data shows
The surveys conflict. Equality Labs (2016) found that two out of three Dalit employees reported harassment at work. The Carnegie Endowment (2021) criticized Equality Labs’ (2016) study for its self-selected sample. According to Carnegie’s (2020) independent study, only 5% of Indian Americans reported experiencing caste-related discrimination in the last year. Carnegie (2025) found that 77% of Indian Americans support antidiscrimination laws. There are no reliable data for the tech industry.
The courts haven’t ruled on the main question. A federal court dismissed HAF’s (2020) case against the California Civil Rights Department for lack of standing (AsAmNews, July 2025). A federal appellate court dismissed a lawsuit against the California State University system for failure to demonstrate injury (Meyers Nave, 2025). Neither court ruled on whether caste-related discrimination violated religious rights. Our post about caste discrimination on college campuses covers the case against the university.
Where both sides agree
Both sides say they condemn caste discrimination. HAF said it unequivocally condemns intra-community discrimination in any form (American Kahani, 2023). Supporters and opponents also agree that harm falls on people who are called out for their identity. The disagreement is on the tool: a named ground, or existing categories such as ancestry. SB 403 tried to address this by trying to define caste within the existing category of ancestry (CalMatters, October 2023). Our guide to caste laws compares how the rest of the world approaches this, and our UK guide explains why it is not named there.
Why it matters
How a name for caste is given determines who can use the law, and the type of policy an employer can adopt, as our guide to caste discrimination in the workplace explains. Community groups on both sides are described in our guide to Ambedkarite groups. (For communities documenting their own experiences, see here.) The community groups on both sides are described in our guide to Ambedkarite groups. (For communities documenting their own experiences, skills in blogging, AI tools and email marketing have become essential. The Ambedkarite Educational Program was built to teach exactly these skills.)
Takeaway
Is caste a Hindu practice? The two sides answer differently: opponents of caste laws stress that caste spans many religions and is wrongly tied to Hindus, while supporters stress that caste exists in the diaspora and is not clearly covered by existing law. Opponents say caste laws single out Hindus and are unnecessary, and the governor of California agreed in vetoing SB 403. Supporters say that naming caste brings clarity. Surveys disagree, and courts have not ruled on the core question. Both sides say they oppose discrimination.
Frequently Asked Questions
Is caste a Hindu practice?
Caste is found across South Asian religions, including Sikhism, Islam, Christianity and Buddhism. Scholars and advocates disagree about how far it has Hindu roots. Ambedkar argued that it is rooted in Hindu texts, and others point to colonial-era policy.
Why do some groups oppose caste laws?
Groups such as the Hindu American Foundation say that naming caste singles out Hindus and South Asians, that existing law on ancestry and national origin already applies, and that it risks profiling.
Why do supporters want caste named in law?
They say existing law may not clearly cover caste, that naming it gives workers a clear route and employers a basis for training, and that caste spans several religions.
What did Governor Newsom say when he vetoed SB 403?
On October 7, 2023, he said the bill was unnecessary because California already prohibits discrimination based on ancestry, national origin, race, religion and other characteristics.
Do both sides oppose caste discrimination?
Both say they do. They disagree on whether the law should name caste or rely on existing categories.
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SOURCES
- CalMatters, “Newsom blocks a bill to ban caste discrimination in California,” October 2023
- CapRadio, “Newsom blocks a bill to ban caste discrimination in California”
- Religion News Service, “As caste bill meets defeat, Hindu Americans on both sides make their voices heard”
- Mother Jones, “How a Bill to Ban Caste Discrimination Morphed Into a Fight About Wokism,” August 2023
- CoHNA, “Resources on California Bill SB-403”
- American Kahani, “The Need for Calling Out Hinduphobia,” 2023 (opinion)
- Slate, “California’s anti-caste-discrimination bill controversy is not what it seems,” September 2023 (opinion)
- racism.org, “Casteism and the Hindu Far-Right” (law-review style proposal)
- Syracuse Law Review, “Should Caste Be a Protected Class?”
- New Jersey State Bar Foundation, “Caste Discrimination Comes to the U.S.,” 2024
- Queens Ledger, May 5, 2026
- IndiaWest, June 2026
- AsAmNews, July 30, 2025
- Meyers Nave, Ninth Circuit ruling on CSU policy
- Al Jazeera, May 2021
- Wikipedia, “Hindus for Human Rights”
