96
Australian Human Rights Commission, Sharing the Stories of Australian Muslims (Report, July 2021) 35.
See also the discussion of the NSW Anti-Discrimination Act 1977 in Religious Freedom Review: Report
of the Expert Panel (Report, 18 May 2018) 93 [1.383] <https://www.ag.gov.au/sites/default/files/202003/religious-freedom-review-expert-panel-report-2018.pdf>.
97
For example, whilst it is accepted that Jewish people constitute a ‘race’ for the purposes of the AntiDiscrimination Act 1977 (NSW), the position is less clear for other ethno-religious groups, including
Muslims.
98
Australian Human Rights Commission, Submission to the Expert Panel, Religious Freedom Review
(February 2018) 4–5 [10] <https://humanrights.gov.au/our-work/legal/submission/religious-freedomreview-2018>; Australian Human Rights Commission, Submission to the Parliamentary Joint Committee
on Human Rights, Religious Discrimination Bill 2021 and related bills (21 December 2021) 71 [304]
<https://humanrights.gov.au/sites/default/files/ahrc_submission_to_pjchr_on_religious_discrimination_
bill_0.pdf>.
99
Purba Das, ‘“Is caste race?” Discourses of Racial Indianization’ (2014) 43(3) Journal of Intercultural
Communication Research 264, 266; Nishant Upadhyay, ‘Making of “Model” South Asians on the Tar
Sands: Intersections of Race, Caste, and Indigeneity’ (2019) 5(1-2) Journal of the Critical Ethnic Studies
Association 152, 161.
100
Nishant Upadhyay, ‘Making of “Model” South Asians on the Tar Sands: Intersections of Race, Caste, and
Indigeneity’ (2019) 5(1-2) Journal of the Critical Ethnic Studies Association 152, 161.
101
Though racism and casteism are often disassociated in discourses, they parallel as social and historical
constructs that invoke essentialisms and fashion them as immutable to sustain entrenched systems of
power. Casteism is often structured and operationalised through racism by ‘employ[ing] racial
meanings to maintain itself, even if race is denied’; and conversely, racism ‘lives through the caste
system, and maintains the inequality of the system through the differences and essential qualities that
are assigned to individual caste groups’. See Purba Das, ‘“Is caste race?” Discourses of Racial
Indianization’ (2014) 43(3) Journal of Intercultural Communication Research 264, 278–9.
102
‘Australia’s caste divide’, Earshot (ABC Radio National, 6 February 2021)
<https://www.abc.net.au/radionational/programs/earshot/australia/13085900>.
103
Nishant Upadhyay, ‘Making of “Model” South Asians on the Tar Sands: Intersections of Race, Caste, and
Indigeneity’ (2019) 5(1-2) Journal of the Critical Ethnic Studies Association 152, 161.
104
International Dalit Solidarity Network, Caste-based Discrimination in South Asia: Situational Overview,
Responses and Ways Forward (Report, June 2009) 1, 3–4 <https://idsn.org/wpcontent/uploads/user_folder/pdf/New_files/EU/EU_Study_Caste_Discrimination_merged_April2010.pdf
>.
105
In this sense, ‘South Asian diasporas are already always caste-d, and are continually caste-ing'. See
Nishant Upadhyay, ‘Making of “Model” South Asians on the Tar Sands: Intersections of Race, Caste, and
Indigeneity’ (2019) 5(1-2) Journal of the Critical Ethnic Studies Association 152, 161.
106
Karishma Luthria, ‘They've left South Asia, but they can't escape the discrimination and division of its
caste system’, ABC (online at 11 February 2021) <https://www.abc.net.au/news/2021-02-11/castesystem-of-india-and-south-asia-in-australia-dalit-rights/13135622>.
107
See, eg, Naomi Selvaratnam, ‘Australians subject to “caste discrimination”, migrants say’, SBS (online at
29 July 2015) <https://www.sbs.com.au/news/article/australians-subject-to-caste-discriminationmigrants-say/sdlevsaa5>.
108
See, eg, Naomi Selvaratnam, ‘Australians subject to “caste discrimination”, migrants say’, SBS (online at
29 July 2015) <https://www.sbs.com.au/news/article/australians-subject-to-caste-discriminationmigrants-say/sdlevsaa5>.
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