Private discrimination, marriage markets, and caste

Abstract

Anti‐discrimination laws draw a distinction between two kinds of discrimination by non‐state actors. Intimate choices are protected even if they are morally wrong. For example, even if it is morally wrong to discriminate on the basis of race in deciding whom to date, marry or befriend, anti‐discrimination laws permit these acts. By contrast, commercial decisions are commonly regulated. I argue that the reasons for regulating commercial decisions also extend to an intermediate case, commercial facilitators of marriage choices. In the context of the caste system, I argue that commercial facilitators should be banned from allowing customers to filter by caste. The argument is based on two considerations. First, this could mitigate the harmful effects of such discriminatory marriages choices in the (re)production of the oppressive caste system. Second, even if the ban fails in changing behaviour, it serves as an expressive goal of communicating the state's opposition to the caste system.