UK court rejects petition for separate Sikh tick box in Census 2021 | World News - Hindustan Times
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UK court rejects petition for separate Sikh tick box in Census 2021

Hindustan Times, London | ByPrasun Sonwalkar , edited by Vinod Janardhanan
Nov 07, 2020 12:42 PM IST

The long-running campaign backed by several MPs was based on claims of alleged significant undercounting of the Sikh population in official statistics without a separate tick box. Census ethnicity figures are used for a range of purposes, including allocation of funds.

The high court of England and Wales on Friday rejected a judicial review claim brought by campaigners seeking quashing the legislation for the 2021 census because it did not include a separate tick box for Sikh ethnicity, stating that there was no error in law.

The long-running campaign backed by several MPs was based on claims of alleged significant undercounting of the Sikh population in official statistics(file picture)
The long-running campaign backed by several MPs was based on claims of alleged significant undercounting of the Sikh population in official statistics(file picture)

The long-running campaign backed by several MPs was based on claims of alleged significant undercounting of the Sikh population in official statistics without a separate tick box. Census ethnicity figures are used for a range of purposes, including allocation of funds.

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Campaign group Sikh Federation (UK), which brought the claim, said it would continue to fight for separate recognition for the community. It had argued that the decision to exclude the tick box was based on legally unsustainable reasoning and therefore unlawful.

A spokesperson for the Office for National Statistics (ONS), which is preparing for the 2021 census, said: “The census questionnaire has been designed to allow everyone to identify as they wish”.

“As in 2011, there will be a Sikh religion tick box and everyone who wishes to identify as Sikh in response to the ethnicity question will be able to do so using search-as-you-type online and through a write-in option on paper”.

“We are working across the country, with local groups and organisations, to raise awareness of the census and promote the different response options available.”

According to ONS recommendations based on research and consultation, the religion question in the census will have a specific Sikh tick-box option, and those who wish to identify as Sikh in response to the ethnicity question will be able to do so using search-as-you-type online and a write-in option on paper.

Justice Akhlaq Choudhury said: “It is important for the reader to note that this judgment is not concerned with whether or not there should be a Sikh tick-box in the census form or with the respective merits of the arguments for and against such a tick-box”.

“Such matters are not for the Court to determine. This judgment is concerned solely with the question whether, as alleged by the Claimant, the Cabinet Office, which has responsibility for laying the necessary legislation for the 2021 Census, has acted unlawfully in the process leading to the making of the Census Order. This is solely a question of law”.

The court ruled that it could not be successfully argued that ONS had failed to apply a stated policy to its assessment of whether to include an ethnic tick-box for the Sikh religion, adding that there was no unlawful failure to apply a published policy or unlawful application of an unpublished policy.

Rosa Curling, of legal firm Leigh Day that represented the claimants, said: “Our clients are obviously disappointed the court did not agree with their concerns about the decision-making process leading to the exclusion of a Sikh ethnic tick-box in the next census”.

“Our clients will continue their campaign through political channels and fight to rectify any disadvantages that might arise from a lack of data collected about their community.”

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