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SC seeks Centre’s response on pleas against Bihar caste survey in a week
The Court was hearing a bunch of appeals challenging an August 1 order of the Patna high court allowing the survey to proceed
The Supreme Court on Monday gave the Centre a week’s time to file its response to a host of petitions challenging Bihar’s caste survey after solicitor general Tushar Mehta told the Court that the state’s survey has some “ramifications” that necessitate a detailed affidavit.
A bench of justices Sanjiv Khanna and SVN Bhatti posted the matter for August 28, clarifying that it does not intend to stay the publication of the survey unless a prima facie case is made out by the petitioners that require an interim order.
The Court was hearing a bunch of appeals challenging an August 1 order of the Patna high court allowing the survey to proceed.
The petitioners claimed that the survey conducted by the Bihar government was in the nature of a “census” which can be undertaken only by the Central government. The petitioners, comprising individuals and organisations such as Youth for Equality and Ek Sock Ek Prayas, further argued that seeking details about caste, religion, and profession of citizens is a violation of their right to privacy and that there is no mechanism to protect this data.
Senior advocate Mukul Rohatgi appearing for Youth for Equality urged the Court to consider staying the publication of the survey results till the matter is heard.
The bench said, “It is not that easy as you suggest. There is a judgment in their favour. We are clear that we are not staying anything unless you make out a prima facie case.”
The Bihar government was represented by senior advocate Shyam Divan who pointed out that on August 6 the survey was completed, and that the data is now being uploaded. The bench pointed out that while the first part of data collection is over, the second part, which involves analysing the data is the difficult part.
The high court held that the word ‘census’ falls under Entry 69 of List I which is solely within prerogative of Centre but this does not prohibit any state government from collecting data for implementing welfare schemes and carrying out affirmative action.
In Bihar, the call for a caste survey erupted last year and was supported by all parties, though the ruling Janata Dal (United) and Rashtriya Janata Dal led the demand. Over the past few months, a number of Opposition parties, including the Congress, have picked up the appeal across India, hoping that an enumeration of castes will be a game-changer in reversing the BJP’s deep inroads into the backward groups, and countering religious polarisation.
