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:

[Sansad TV] Mudda Aapka: Bihar Caste Census

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.

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.

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.

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.

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.

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.