In a landmark judgement, the Patna High Court has given the green light to the Bihar Government’s decision to conduct a caste-based survey in the state. The court dismissed several pleas challenging the survey, thereby clearing the path for the state to proceed with its plans.
The bench, consisting of Chief Justice K Vinod Chandran and Justice Partha Sarthy, delivered the verdict on various petitions challenging the caste-based survey. The court stated,
“We find the action of the State to be perfectly valid, initiated with due competence, with the legitimate aim of providing ‘Development with Justice’; as proclaimed in the address to both Houses and the actual survey to have neither exercised nor contemplated any coercion to divulge the details and having passed the test of proportionality, thus not having violated the rights of privacy of the individual especially since it is in furtherance of a ‘compelling public interest’ which in effect is the ‘legitimate State interest’.”
The survey was rolled out in two phases. The first phase, which began on January 7, was a household counting exercise and it was completed by January 21. The second phase started on April 15, wherein the information on people’s caste and their socio-economic conditions was collected. The entire exercise was scheduled to end by May 2023.
However, on May 4, the Patna High Court put an interim stay on the survey while observing that it prima facie amounts to a census that the State Government has no power to carry out. The court had stated,
“Prima facie, we are of the opinion that the State has no power to carry out a caste-based survey, in the manner in which it is fashioned now, which would amount to a census, thus impinging upon the legislative power of the Union Parliament.”
The Bihar Government defended its decision before the court, arguing that it is competent to conduct a caste-based survey collecting data on the caste, jati, and socio-economic well-being of the people of the state. The government also emphasized that participation in the survey is purely voluntary, making it different from a caste-based census where declaration of caste is mandatory. The government stated,
“It is undeniable that this survey is not a census. There may be some similarities but there are glaring differences. These two processes are not congruent. Differences and similarities are less important but the most important legal question is whether the Bihar Caste Based Survey is putting any threat to or obstruction upcoming Census 2021 or not. The answer is a big NO. There is also no infringement of the jurisdiction of the Union of India conferred by The Census Act 1948, as to date, State Government has not received any objection from the Union of India.”
The High Court’s decision to uphold the caste survey is a significant development in Bihar’s socio-political landscape. The data collected from this survey could potentially influence policy decisions and resource allocation in the state, making it a matter of great interest to various stakeholders.