Wednesday, August 17, 2011

Indian couple who lost their law firm jobs due to ‘forbidden love’ at centre of first caste discrimination tribunal

It is a love that crosses class boundaries and a religious divide but it was India's ancient caste system that allegedly cost a British couple their jobs, pride and prospects.
In the first case of its kind in the UK, Vijay Begraj, 32, and his wife Amardeep, 33, are claiming unfair constructive dismissal on the grounds their bosses at Coventry-based solicitors Heer Manak discriminated against them because they are from different ends of the social spectrum.
The former law firm practice manager is from the Dalits or 'Untouchables', India's the lowest caste, while his wife, a solicitor, is from a higher caste called the 'Jats'.
Hand in hand: The couple pictured outside the tribunal in Birmingham
Hand in hand: The couple pictured outside the tribunal in Birmingham

After a four-year friendship blossomed in the workplace the pair decided to marry.But a Birmingham employment tribunal was told yesterday that Mrs Begraj's health and career had suffered at the hands of the Midlands solicitors ever since they became a couple.

ANCIENT CASTE SYSTEM HAS STRONG ROOTS IN BRITAIN TODAY

Dating back to at least 1500BC there are dozens of different castes based on race and religion, with most of these represented across Britain.
Despite being outlawed in the Indian constitution during the last decade, experts say it is increasingly becoming a source of identity for young people today.
Children at a rural Dalit school in the north Indian state of Uttar Pradesh
Children at a rural Dalit school in the north Indian state of Uttar Pradesh

For example Britain's hugely popular banghra music scene was created by Jats, who were originally rural people who composed this type of music to celebrate the harvest in India.
While the Brahmins, generally considered the highest caste because they were the most educated, hold meetings and group events so people can meet and marry.
Mr Begraj was sacked after seven years of service in 2010 and his wife resigned in January this year.
The tribunal could also find in their favour on religious grounds as he is Hindu and she is Sikh.
It is understood that Home Secretary Theresa May is watching the case carefully and considering adding a section covering caste to Britain's equality laws as immigration has led to growing problems in this area.
The couple claim that even at their wedding barbed comments were made about them because their employers believed she was marrying beneath her.
Vijay is from the bottom rung of Indian classes, often described by bigots as 'choora', which is the country's version of the word 'n****r'.
There are between 50,000 and 200,000 people from this lowest caste living in Britain today.
One of their colleagues allegedly 'raised a toast to Jat girls going down the drain' on their wedding day, Mrs Begraj said.
Their former employer is denying any claims that they were discriminated against calling them 'outrageous' claims.
Mrs Begraj also told the tribunal that once her bosses found out the couple were in love she was handed more work than she could cope with, given reduced help from support staff like secretaries and paid less than her colleagues.
Referring to one conversation with a senior manager, she said: 'He said I should reconsider the step I was taking of marrying Vijay because he was of different caste. People of Vijay's caste were different creatures, marriage would be very different from dating.'
Today Amardeep Begraj told the tribunal she kept her work and personal life separate and never discussed her marriage with her bosses.
'I never discussed my relationship with my bosses.
'They were aware of it, though we never actively talked about it.
'Then, our relationship was fairly new - we didn't want to cause issues so we just didn't discuss it.
'We're both professional people - we know where to draw the line, where our personal lives end and jobs start.
'Vijay was told a number of times that his position had been compromised for entering into a relationship with me.'
Under cross-examination from the respondent's lawyer Andrew Marshall, she claimed she was denied a secretary as 'punishment'.
She said: 'At one informal meeting, I was told I'd have no secretarial support, which I saw as a kind of punishment.'
In December 2007 she was involved in a major car accident which meant she was unable to work for eight months.
In July 2008 she returned to the firm for a 'back-to-work' meeting but claimed they were reluctant for her to return because she might have been planning a family.
She said: 'I was at the age where I'd be getting married and having a child, so they were actually trying to put me off from coming back. They were reluctant.
'When you've been with a firm for so many years and they say they don't want you back, no reasoning for why that is can be seen as remote.'
But Mr Marshall, for the respondents, suggested that the crux of her unhappiness was that 'the meeting could have been handled in a more sympathetic manner.'
A witness statement from Amardeep was also read out to the tribunal.
It said: 'My relationship with Mr Heer had always been good until my relationship with Vijay was revealed.'
At one point during the proceedings Amardeep alleged that her boss Mr Heer used to belong to a gang of religious Sikh extremists.
She said: 'I once got hassled by some men. The boss told me, don't worry - I know people who can get them knee-capped.
'He told me he had been involved in violence, which was worrying to me.'
Vijay and Amardeep married on August 10, 2008, at a Gurdwara Temple in Leamington Spa.
When the couple's story first became public their car windscreen was smashed even though they had been speaking anonymously earlier this year.
Theresa May and previous Home Secretaries have powers to outlaw discrimination of this kind but have yet to use them.
It could fly in the face the Coalition's promise to cut red tape for employers, but if the tribunal finds in the couple's favour on their caste claims then they would probably take action.
Indian experts say the difference of skin colour is still a major issue in the country and because of Britain's large Indian population it will also be the case here.
Skin-lightening creams for men have proved increasingly popular among India’s burgeoning middle class since the first of its type was launched by Indian firm Emani in 2005.
Since then half a dozen foreign firms have followed suit, including Garnier, L’Oreal and Nivea.
Across Asia, the market for skin-lightening creams is worth £12billion.
Indians have been obsessed by skin-tones for centuries, as it is linked to caste, and Bollywood heroines usually have fairer complexions than most of their compatriots.
Last year a poll by online dating site Shaadi.com revealed that face shade was considered the most important criterion when choosing a partner in three northern Indian states.
‘More and more, there's an anxiety in the mind of men about having fair skin,’ sociology professor T. K. Oommen at the Jawaharlal Nehru University in New Delhi.
‘Indians believe that if you have fair skin you belong to the higher caste, the Brahmins.’
He added: ‘The British colonisers ruled over the country and probably contributed to this negative perception of dark-skin.’
Both Vijay and Amardeep are claiming unfair constructive dismissal, unauthorised deduction of
wages, unpaid holiday pay, race discrimination, breach of contract, discrimination on the ground of religion or belief and failure to provide a statement of the terms and conditions of employment.
The tribunal continues.

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