Note4Students
From UPSC perspective, the following things are important :
Prelims level: NA
Mains level: Issues with Caste Censuses
Central Idea
- The upcoming Supreme Court hearing on August 18 concerning the legality of Bihar’s ongoing caste survey has generated significant legal and socio-political debates.
- This article delves into the intricacies of the caste survey, the legal challenges it faces, the implications for affirmative action, and concerns over data privacy.
Must read:
Bihar Caste Survey: Legal Battles
- Petitions Challenging Survey: Multiple petitions contesting the Bihar caste survey have been filed in the Supreme Court, alleging the state government’s encroachment on the Union government’s powers.
- High Court Ruling: On August 1, the Patna High Court permitted the state to proceed with the survey, deeming it legally sound, initiated with due competence, and aligned with compelling public interest.
- Supreme Court Involvement: The Supreme Court declined to stay the survey on August 14, clearing the way for the ongoing data collection process.
Nature of the Caste Survey
- Government Initiative: Launched on January 7, the two-phase caste survey intends to collect detailed socioeconomic information to inform better government policies for marginalized groups.
- Scope and Data Collection: The survey encompasses data on caste and economic status for a population of 12.70 crore in Bihar’s 38 districts.
- Survey Progress: The first phase, a house listing exercise, was conducted from January 7 to January 12. The halted second phase resumed after the High Court’s verdict and aims to complete by mid-August.
Legal Contentions against the Survey
- Constitutional Powers: Petitioners contend that the state lacks authority to conduct a census as it is solely within the Union government’s purview, as per the Constitution and Census Act.
- Privacy Concerns: Challenges raised about data collection intruding on individuals’ right to privacy, given sensitive questions about religion, caste, and income.
- Data Security: Some argue that the data collected should not be shared with political parties, as it raises concerns about privacy and potential misuse.
High Court’s Rationale for Upholding Survey
- Affirmative Action: The High Court recognized the survey’s aim to identify and uplift backward classes, Scheduled Castes, and Scheduled Tribes for equal opportunities.
- Competence of State Government: The Court ruled that the survey aligns with the state’s authority for better administration and policy framing.
- Legitimacy of Caste Identification: The Court referred to Indra Sawhney’s ruling to affirm caste identification’s validity for ameliorating social backwardness.
Expected Implications
- Efficacy in Battling Discrimination: Advocates argue that caste surveys are crucial to addressing caste discrimination and mapping socio-economic deprivations for a more egalitarian society.
- Potential for Expansion: A successful Bihar survey could lead to other states demanding similar surveys, which the Union government is resisting.
- Social and Political Impacts: The survey has the potential to reshape social and political dynamics by addressing the invisibility of upper castes and bolstering Mandal politics.
Conclusion
- The legal battle over the Bihar caste survey has wide-ranging implications on data privacy, constitutional powers, and social equity.
- As the Supreme Court takes up the case, its decision will not only determine the fate of this particular survey but could set a precedent for future caste surveys and their role in fostering a more inclusive and just society.
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