LI Network
Published on: January 3, 2024 at 00:12 IST
The Supreme Court, amid a series of public interest litigation (PIL) petitions contesting Bihar’s caste-based survey, has raised questions about the government’s authority to withhold the breakdown of survey data.
Justices Sanjiv Khanna and Dipankar Dutta presiding over the division bench are hearing petitions from NGOs challenging the validity of Bihar’s caste-based survey.
Despite refusing to impose any stay order on publishing or acting upon the survey data, the Court has insisted on hearing all parties extensively.
The bench, during the recent hearing, directed the submission of the survey report while Senior Advocate Raju Ramachandran sought an urgent hearing on interim relief due to the ongoing implementation of the report, including increased reservation, challenged in the Patna High Court since August.
However, Justice Khanna declined the request for an urgent hearing, citing limitations, but expressed concern over public access to the detailed survey findings.
The discussion in Court revolved around the availability of the survey data in the public domain. While the Bihar government’s representative asserted its public availability, Justice Khanna emphasized the importance of making data breakdown accessible to allow challenges against specific interpretations. Despite reservations about issuing a stay order, the Court expressed intent to review the high court’s approval of the census activity.
The Supreme Court’s stance thus far has been to refrain from temporarily halting the survey without comprehensive hearings.
Senior Advocate CS Vaidyanathan had earlier argued against the survey, citing the fundamental right to privacy as per the 2017 Puttaswamy ruling. He emphasized the need for a just and fair law to infringe on privacy and raised concerns about mandatory disclosures under the survey.
Solicitor-General Tushar Mehta sought to file an affidavit representing the central government’s perspective but clarified that it neither supported nor opposed the litigation.
The Court, despite adjourning to allow the Centre to respond, maintained its stance against a temporary stay on the survey.
Recent developments include the Bihar government’s release of caste survey data, revealing demographics and leading to increased reservation policies. Subsequently, another petition emerged regarding the inclusion of ‘hijra’, ‘kinnar’, ‘kothi’, and ‘transgender’ categories in the caste list.
However, following a clarification allowing non-binary individuals to disclose their identities separately, the petitioner withdrew the case.
The Supreme Court confronts the Bihar government’s decision to conduct a caste-based survey, challenged in multiple petitions.
The Patna High Court previously upheld the survey’s validity, emphasizing its role in identifying and uplifting backward classes and communities. The Court is set to re-list the case in January 2024 for further proceedings.
