Bombay HC: no caste column can be added in Census questions

Dec31,2020 #Bombay High Court #Court
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Nagpur bench of the Bombay High Court refused to instruct the department of Home Ministry to include a new column of caste in the questions of Census.

The plea was filed by two advocates, an educationist and also the office bearers of the National OBC Mukti Morcha so that the judges direct the authorities regarding the inclusion of an additional column.

High Court bserved that none of the courts have the powers to interfere in this matter therefore, they denied to order the Directorate of Census Operations to include such column which enable the citizens to mention their castes for the Census.

It was pleaded by the petitioners, “We seek the directives on the premise that as belonging to the reserved class known as Other Backward Class, details about such castes must also be collected during the course of the census.”.

The submission made on Home Ministry Affairs was noted by the bench which mentioned that the requests by the court are having no permission under law and Supreme Court have already held that the format regarding the questions of the Census is a matter of policy and so the interference is not within the jurisdiction of the Court.

It was held by the HC, “No Court in India can direct the authorities to also include in such questionnaire any columns, whereby information relating to additional castes could be sought”.

Accordingly, the Judges refused to order any such instructions.

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