Document #1228340
IRB – Immigration and Refugee Board of Canada (Author)
"Untouchability" is officially forbidden in
article 17 of the Indian constitution (Flanz Oct. 1990, 50).
According to a professor of political science specializing in India
at the University of British Columbia, the government outlawed
references to a person's caste within government documents at the
time of independence (ibid.). He added that individuals have the
right to take legal action if discriminated against on the basis of
their caste (14 June 1994).
A professor of anthropology at McGill
University specializing in India stated that the government
maintains several affirmative action programs for members of
scheduled tribes and castes (15 June 1994). He stated that these
include reserved placement at colleges and universities, reserved
jobs in the civil service and special credit for farmers (ibid.).
According to the professor at UBC, the government has recently
extended the same special benefits to members of the "backward"
caste (14 June 1994).
A professor of history at the University of
Toronto with expertise in India stated that he has heard of a group
that identifies itself as Lal (15 June 1994). He stated that the
term caste or subcaste is not appropriate to describe the group,
which he stated is a "kin group" rather than a social class
(ibid.). He could not offer additional information on the group
(ibid.). He added that Lal is also the surname of many individuals
from northern India (ibid.).
According to an official at the High
Commission for India in Ottawa, a person's caste is not indicated
on his or her passport, drivers licence or any other identification
document currently issued by the Indian government (14 June 1994).
The official stated that to the best of his knowledge, there is not
a subcaste called Lal (ibid.). However, he stated that Lal is a
very common family name (ibid.). He said that the literal
translation of Lal is "red" (ibid.).
The professor at McGill stated that to the
best of his knowledge, a person's caste is not indicated on
documents such as passports or drivers licences (15 June 1994).
However, he stated that as a result of affirmative action programs,
it is possible that the government may issue certificates of
eligibility to members of certain castes or may keep records to
that effect (ibid.).
The professor stated that Lal is a common
name in India and that it can be used as either a surname or a
suffix to a surname (ibid.). He stated that although he was
personally unaware of a caste or subcaste called Lal, it is
entirely possible that such a group exists given the size of
India's population and the complexity of the caste system
(ibid.).
The professor at UBC was also unaware of a
caste or subcaste called Lal (14 June 1994). He corroborated the
fact that Lal is a very common surname or suffix, stating that it
roughly means "revered person" (ibid.). He added that people from
all castes are called Lal (ibid.).
A professor at the Joint Asia-Pacific
Centre at York University was also unaware of a caste or subcaste
called Lal (14 June 1994). She did not think a person could be
associated with a particular caste if their name was Lal because
the name is so common (ibid.).
For additional information that may be
useful, please refer to the attached documents.
This response was prepared after
researching publicly accessible information currently available to
the DIRB within time constraints. This response is not, and does
not purport to be, conclusive as to the merit of any particular
claim to refugee status or asylum.
Flanz, Gisbert H. October 1990.
"India," Constitutions of the Countries of the World. Edited
by Albert P. Blaustein and Gisbert H. Flanz. Dobbs Ferry, NY:
Oceana Publications.
High Commission of India, Ottawa. 14
June 1994. Telephone interview with official.
Professor of anthropology specializing
in India, McGill University, Montreal. 15 June 1994. Telephone
interview.
Professor of history specializing in
India, University of Toronto. 15 June 1994. Telephone
interview.
Professor of anthropology specializing
in India, Joint Asia-Pacific Centre, York University, Toronto. 14
June 1994. Telephone interview.
Professor of political science
specializing in India, University of British Columbia, Vancouver.
14 June 1994. Telephone interview.
The Encyclopedia of Religion.
1987. Vol. 15. Edited by Mircea Eliade. New York: MacMillian
Publishing Company, pp. 188-89.
Flanz, Gisbert H. October 1990. "India,"
Constitutions of the Countries of the World. Edited by
Albert P. Blaustein and Gisbert H. Flanz. Dobbs Ferry, NY: Oceana
Publications, p. 50.
Rupa, C. 1992. Reservation Policy-
Mandal Commission and After. New Delhi: Sterling Publishers
Private Ltd., pp. 22-39.