What’s the news?

• The upcoming Supreme Court hearing on August 18th regarding petitions challenging the Patna High Court’s decision to uphold the Bihar government’s caste survey has sparked significant debate and interest.

Central idea

• The caste survey, initiated by the State government, aims to gather comprehensive socio-economic data to shape targeted policies for marginalized communities. The Patna HC’s recent dismissal of petitions against the survey has reignited discussions surrounding the necessity and constitutionality of such an initiative.

What is a caste-based survey?

• A caste-based survey is a comprehensive data collection initiative launched by the Bihar state government in India. This endeavor aims to gather detailed socio-economic information about various castes, sub-castes, and religious groups within the population of Bihar.
• The survey is estimated to collect socio-economic data for a population of 12.70 crore in the 38 districts of Bihar.
• The primary objective is to gain a deeper understanding of the living conditions and economic status of different communities, especially those that have historically faced marginalization and socio-economic disadvantage.

Why the need for a caste census?

• Incomplete Data: The standard Census focuses solely on SC and ST data, leaving a substantial void in comprehending the socio-economic aspects of OBCs and their subdivisions.
• Targeted Policies: A lack of comprehensive data obstructs the creation of effective policies tailored to the distinct requirements of different caste groups.
• Equitable Development: The caste census has the potential to reveal disparities within various castes, enabling customized development strategies for historically marginalized communities.
• Historical and Contemporary Insights: With deep historical roots, the caste system’s evolution can be better understood through a comprehensive census that captures both historical and contemporary dynamics.
• Political and Governance Implications: The initiative carries political implications, potentially influencing electoral strategies and governance agendas focused on the welfare of backward classes.
• Constitutional Clarification: Legal scrutiny over caste surveys provides clarity on the authority to conduct such initiatives, delineating roles between state and central governments.
• Inclusive Governance and Policy Efficacy: By focusing on accurate and comprehensive caste-specific data, policies can be better tailored to uplift marginalized groups, promoting inclusive governance.
• Evidence-Based Decision-Making: In a data-centric era, decisions grounded in concrete socio-economic data hold greater potential for equitable and effective governance.

Union government’s stance

• Unfeasibility: The Union government categorically declared that a socio-economic caste census is deemed unfeasible, administratively difficult, and cumbersome.
• Historical Policy Decision: The Union government’s affidavit, responding to a writ petition from the State of Maharashtra, highlighted that excluding castes beyond Scheduled Castes (SCs) and Scheduled Tribes (STs) was a conscious policy decision made since the 1951 Census.
• Official Discouragement of Caste: The Union government asserted that the policy of official discouragement of caste has been in place since the 1951 Census, implying a deliberate stance against extensive caste-based categorization.
• Previous Survey Flaws: In 2011, the Union government conducted a Socio-Economic and Caste Census; however, due to data flaws, the raw data collected from nearly 130 crore Indians was never made public.

Why is it being challenged?

• Constitutional Jurisdiction: Opponents of the survey argue that the Bihar state government’s decision to conduct the caste-based survey infringes upon constitutional jurisdiction. They contend that only the central government has the exclusive authority to carry out comprehensive censuses.
• Census Act Compliance: The absence of a formal notification under Section 3 of the Census Act, 1948, issued by the central government raises doubts about the legitimacy of the state government’s appointment of District Magistrates and local authorities for data collection. This legal requirement plays a crucial role in determining the authority to conduct such surveys.
• Executive Order Controversy: Challengers claim that the survey’s data collection, facilitated through an executive order, violates the Puttaswamy judgment, which emphasizes safeguarding personal data from government intrusion.
• State vs. Central Mandate: While the High Court maintains that the state government is authorized to formulate policies for better administration, this stance contradicts the argument that only the central government can undertake comprehensive censuses.
• Privacy Apprehensions: The High Court’s dismissal of privacy concerns based on the Puttaswamy judgment’s triple-test criteria for data collection is being contested. Opponents stress that personal data sensitivity necessitates more stringent considerations.

Way forward

• Legal Resolution: Await the Supreme Court’s verdict to obtain a clear understanding of the constitutional validity of state-level caste surveys. This ruling will provide a framework for future actions and delineate the roles of state and central governments.
• Collaboration with the Central Government: To address concerns about legal jurisdiction and the Census Act, the state government could seek collaboration and endorsement from the central government. This collaboration could help ensure compliance and legitimacy.
• Privacy Safeguards: Implement stringent privacy measures in the survey. Ensure that personal data collection adheres to established legal standards, safeguarding citizens’ rights and addressing potential privacy concerns.
• Balanced Implementation: Strike a balance between political considerations and the integrity of the survey. Prioritize unbiased data collection over immediate political gains.
• Effective Use of Data: Utilize the survey data to inform targeted policies aimed at reducing socio-economic disparities among different caste groups. Ensure that the survey’s outcomes translate into tangible welfare improvements.
• Long-Term Vision: Plan for continuous monitoring and updates of collected data. Use this data to guide policy adjustments in response to changing socio-economic dynamics over time.

Conclusion

• While the State’s efforts to gather comprehensive socio-economic data and address the concerns of marginalized groups are commendable, the constitutional and privacy challenges inherent in the initiative should not be overlooked. The outcome of this legal battle is likely to have far-reaching implications for the understanding of caste dynamics, policy formulation, and political strategies in India.

Also read:

The Caste Census and Mandal Politics: Analysis

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