Patna HC Stays Caste Based Census In Bihar Till July 3

The Patna High Court on Thursday stayed the caste census in Bihar till July 3, 2023.

The order was issued by a bench of Chief Justice K Vinod Chandran and Justice Madhuresh Prasad on three petitions filed before the High Court seeking a stay, stating that the survey is actually a census, which can only be conducted by the Central government.

“We find that the castebased survey is a census in the garb of a survey; the power to carry out which is exclusively on the Union Parliament which has also enacted a Census Act, 1948,” the bench stated.

In January, the first phase of the caste census began. The second phase is currently underway.

The Court specifically heard the pleas on the Apex Court’s directions to consider and dispose of the interim application filed in the matter for stay.

The petitioners contended that the State could not conduct a caste census under the guise of a survey because the authority to conduct a census, rests with the Central Government. They also stated that there was no disclosed object for conducting such a survey.

Responding to the State’s contention that there is no compulsion on any individual to disclose their personal details, the petitioners emphasized that details are to be collected from the eldest family member and, in the case of caste status, from relatives or neighbors, which militates against the claim of voluntary disclosure.

Advocate General (AG) PK Shahi for the State, on the other hand, argued that the notification for the exercise was issued on June 6, 2022, and that the petitioners are wayfarers who did not challenge the exercise when it began. He contended that the petitioners’ failure to file their writ petition indicated an ill-intentioned, malicious attempt to hamper a valid exercise initiated by the State.

Referring to the survey notification, the bench stated that the details of every family member’s caste and income would be obtained from the head of the family rather than the respective individual. According to the Court, this undermines the veracity and integrity of the data provided.

The Court ruled that the exercise was not about determining backwardness, but about the caste status of Bihar natives. This, it said, was clear from the guidelines’ requirement to determine an individual’s caste from the head of the family, a relative, or a neighbor.

It also questioned why, if the exercise was unanimously approved by both houses of the legislature, no legislation was enacted, especially given the argument raised about a lack of legislative power.

The petitioners established a prima facie case, according to the Court, because there were concerns about data privacy and the State’s authority.

As a result, it ordered the State government to immediately stop the survey and ensure that the data already collected is secure and not shared with anyone until the writ petition is heard again on July 3, 2023.