Justice Khanna announced that all intervention applications related to this matter will also be addressed on April 16, coinciding with the final hearing. On January 2, the Supreme Court had instructed the Bihar government to make the caste survey data breakdown available to the public, allowing those who feel aggrieved to contest the results.
The Supreme Court of India has scheduled a final hearing for April on the contentious issue of the Bihar government’s caste-based survey. This decision comes after a series of public interest litigation (PIL) petitions challenged the constitutionality of the survey, which has sparked widespread debate and legal scrutiny. The bench, comprising Justices Sanjiv Khanna and Dipankar Datta, is set to delve into the complexities of this case, which has implications for privacy, governance, and social justice.
The petitions, filed by non-governmental organizations such as Youth for Equality and Ek Soch Ek Prayas, among others, contest the Patna High Court’s August 2 decision last year, which validated the Bihar government’s initiative to undertake a caste-based enumeration. Despite calls for a temporary halt, the Supreme Court has refrained from issuing a stay, emphasizing the need for a thorough hearing before making any determinations. Justice Khanna, during a previous session, highlighted the importance of transparency in the survey’s findings, stating,
“If it is available fully, then that’s a different matter. The break-up of data should normally be made available to allow people to challenge a particular inference.”
The legal battle has seen arguments centered around the fundamental right to privacy, as outlined in the landmark 2017 Puttaswamy ruling, and the necessity for a law that justifies any infringement on this right through a proportionality and legitimacy test. Critics of the survey have raised concerns over the mandatory disclosure of caste information, questioning the impact on individual privacy rights.
The Supreme Court’s decision to proceed to a final hearing without granting interim relief underscores the complexity of the issue at hand. The Bihar government, on its part, has defended the survey as a tool for social justice, aimed at identifying and uplifting backward classes, scheduled castes, and tribes. The publication of the survey data in October, revealing significant demographic details about the state’s population, has further fueled the debate on caste dynamics and reservation policies in India.
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“We’ll hear you when it comes. Nothing is being allowed. We’ll take it up on that day,”
Justice Khanna stated, addressing counsel’s inquiries about interim applications.
Adding another layer to the controversy, a recent petition challenged the inclusion of non-binary gender identities in the caste survey, a move that was later clarified by the Bihar government, allowing for separate gender identity disclosures. This aspect of the survey underscores the evolving nature of social identity and recognition in India.
As the Supreme Court prepares for the final hearing, the legal and social implications of the Bihar caste survey remain a focal point of national discourse. The outcome of this case could have far-reaching consequences for governance, privacy, and the pursuit of social justice in India, making it a landmark case in the country’s legal and social history.
This case not only tests the boundaries of legal and constitutional mandates but also challenges societal norms and the state’s role in recognizing and addressing caste-based disparities. As stakeholders await the Supreme Court’s final verdict, the dialogue surrounding caste, privacy, and social equity continues to evolve, reflecting the multifaceted nature of democracy in India.
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