Supreme Court on Bihar’s Caste Census: A Comprehensive Overview
In a recent hearing, the Supreme Court of India addressed the contentious issue of the caste-based survey initiated by the Bihar government. The survey, aimed at digitally compiling data on each family from the panchayat to the district level, has been a topic of debate, especially concerning the right to privacy.
Thank you for reading this post, don't forget to subscribe!Justice Khanna, during the hearing, emphasized the need for a swift resolution. He stated,
“If we issue notice, then the question of interim relief comes up. This survey has also been completed. Be prepared to argue. Crystallise your arguments. If we issue notice, it will come up again in October or November. You will be pressing for stay, and they will be opposing it. So, let’s finish it off – one way or the other.”
Senior Advocate Shyam Divan, representing the State of Bihar, confirmed the completion of the survey. In contrast, Senior Advocate Aparajita Singh pressed for a stay on the data’s publication, citing concerns over the right to privacy. To this, Justice Khanna responded,
“We will not stay something without finding that a good prima facie case has been made out.”
The court highlighted the distinction between individual and aggregated data. Justice Khanna explained,
“There are two things: individual data, which will not be disclosed because it is entitled to protection; and break up of data. As opposed to raw data, a break-up of data and subsequent analysis will give a more accurate picture.”
Senior Advocate CS Vaidhyanathan, representing Youth for Equality, argued that the 2017 Puttaswamy ruling necessitates that privacy can only be infringed upon by a just, fair, and reasonable law. He emphasized that the survey was initiated by a mere executive order without any legal backing.
The debate also touched upon the nature of the data collected. Justice Khanna questioned,
“In what way is the right to privacy affected when data relating to each individual’s caste or sub-caste is not released?”
He further pointed out that only aggregated data would be released.
In a notable remark, Justice Sanjiv Khanna said,
“Your caste is known to your neighbours. In Bihar, unfortunately, it is true. In Delhi, we don’t know.”
This observation was made while discussing whether the caste survey would infringe upon the right to privacy.
The last comprehensive caste-based census was conducted in 1931 under British rule. The current survey, initiated by Chief Minister Nitish Kumar’s government, has sparked controversy due to its implications on Indian electoral politics. The Patna High Court had previously upheld the survey as valid, stating its purpose was to identify and uplift Backward Classes, Scheduled Castes, and Scheduled Tribes.
Multiple petitions have been filed in the Supreme Court challenging the Patna High Court’s decision. The petitioners argue that only the Union Government is empowered to conduct such a census, as per the Census Act, 1948.
The case, titled Ek Soch Ek Paryas v. Union of India, is set to continue, with the next hearing scheduled for Monday, August 21.
