B.C. Human Rights Tribunal awards man more than $9K in case of caste-based discrimination

The B.C. Human Rights Tribunal has awarded more than $9,000 to a man who was the victim of caste-based discrimination. 

In a decision issued March 15, tribunal adjudicator Sonya Pighin found that Manoj Bhangu had been discriminated against based on his ancestry, place of origin, religion and race. 

Bhangu was able to prove the slur, chamar — the name of his Dalit caste, considered a derogatory term in the Punjabi language — was uttered by Inderjit and Avninder Dhillon during an altercation at a B.C.-based taxi company's Christmas party in 2018. 

Caste discrimination originates from a form of social hierarchy in India that is passed down through families. At the bottom of the hierarchy system is the group known as Dalits or untouchables. 

"The discrimination was short in duration but involved violence which exacerbates the severity of it," Pighin wrote. 

"[Bhangu's] history of caste-based discrimination in India intensified the severity of the impact he experienced regarding the discrimination."

'A disturbing experience'

According to Pighin's decision, two altercations took place In December 2018,  with the Dhillon brothers uttering slurs and physically attacking Bhangu, a driver and board director at the taxi company. 

In the first incident, Pighin says a fight and verbal confrontation occurred in the office's boardroom when Bhangu and other directors were speaking with the Dhillons about company matters. 

Certified translator Amrit Chandar testified a slur could be heard in an audio recording provided as evidence of the incident. 

Pighin says she was not convinced the slur was uttered in the first altercation. 

"I was unable to identify the Slur … [even after] I listened numerous times to that part of Audio File 1 where Mr. Chandan said he heard the Slur and documented it in the Transcript," wrote Pighin. 

In the second incident, Bhangu got into a physical altercation with Inderjit and Avninder Dhillon in the lobby of the office. 

Several witnesses were at the scene and saw the Dhillons punch and repeatedly say, "Yes, he is a 'Slur' kill him … kill this 'Slur' … he's a 'slur' beat him up," according to the written decision.

"[Witnesses] provided consistent evidence about what happened during the second altercation, and I find their evidence more convincing than the [Dhillons'] evidence," wrote Pighin. 

Following the altercations, Pighin found Bhangu experienced feelings of "insult, humiliation, embarrassment, worry and death."

He told the tribunal it was especially difficult to explain what happened to his kids and found it humiliating to interact with colleagues who witnessed the party's events. 

"Mr. Bhangu described observing his kids not wanting to go to Taxi Company events anymore and said this was a disturbing experience," said Pighin.

Pigihn says the impact of the discrimination against Bhangu merited damages and ordered Inderjit and Avninder Dhillon to pay him $6,000 plus $3,755.81 for the costs he incurred bringing the case.

Caste system humiliates

In the decision, Bhangu provided evidence of how caste discrimination impacted him growing up in India. 

From being kicked out of temples and playgrounds to having parents of his friends throwing out glassware he had used, Pighin states Bhangu clearly established during the hearing the outcomes and experiences of lower caste groups. 

"A part of why Mr. Bhangu moved to Canada includes that he and his family can live without caste discrimination," said Pighin. 

Inderjit Dhillon claimed during cross-examination that his family were members of the Jatt caste "and that the Jatt caste is not higher than the Slur caste," Pighin wrote.

However, Anita Lal, co-founder of the Poetic Justice Foundation, said the statement is untrue and that Jatts are part of a higher caste of farmers and landowners.

She says people of this caste often have a lot of influence in society, given their status as landowners in the Indian state of Punjab. Lal adds this influence has carried over into Canada. 

"Caste names are becoming weaponized. When we look through an anti-racism lens, the N-word is used against Black people in the much same way."

She says caste discrimination is still very prevalent in B.C., with several members of her family still experiencing it. 

"I have nieces and nephews, future generations, who have had to face it in school."

"I think because we don't talk about it … we haven't created safe spaces to explore this issue of concern."