Supreme Court Affirms Bihar's Right to Release Caste Census Data Without Restraints

The Supreme Court has stated that unless there is a clear violation of constitutional rights or a lack of competence on the part of the Bihar government, it cannot prevent the release of caste survey findings by the state.

In response to a series of petitions challenging the August 1 ruling of the Patna High Court allowing the survey, the apex court emphasized that it would not impose any restrictions without prima facie evidence of violation or legal disputes.

The Patna High Court decision has supported the government's endeavor, championed by Bihar's Chief Minister Nitish Kumar, to enhance social justice through this essential caste survey.

The bench, comprised of Justices Sanjiv Khanna and SVN Bhatti, commented, "We are not going to stay anything unless there is a prima facie case to show some violation... some legal issues that are debatable. The exercise has already been completed and the judgment of the high court has been in their favor. We will not stay anything without there being a prima facie case now."

Upon the case's commencement, Aparajita Singh, senior counsel representing one petitioner, urged the court to halt the survey's publication until the matter is conclusively settled. However, the bench clarified that it would not issue any orders without thoroughly hearing both sides and evaluating a satisfactory prima facie case.

Senior counsel Shyam Divan, appearing for the Bihar government, argued against the plea to restrain the survey's publication. Divan clarified that only cumulative results, not individual personal data, would be made public. CS Vaidyanathan, the senior advocate for the NGO Youth For Equality, then presented arguments asserting that the survey was conducted in violation of the Supreme Court's nine-judge bench verdict in the Puttaswamy case, which stated that exercises impacting privacy must be carried out through legislation. Vaidyanathan contended that the state's survey, conducted via executive order, was not authorized by law and thus infringed upon individuals' privacy rights.

The bench questioned the aspect of privacy allegedly violated, considering the survey's focus on cumulative data rather than individual specifics. Vaidyanathan mentioned that the survey asked 17 socio-economic questions to individuals and argued that the state was not authorized to conduct the exercise without proper legal backing.

The case will resume on August 21, during which Aparajita Singh will present her plea to stay the survey's publication.

In Bihar, the call for a caste survey gained traction last year, garnering support from various political parties. The survey's proponents, including the ruling Janata Dal (United) and Rashtriya Janata Dal, believed it could rectify the underrepresentation of backward groups and counter religious polarization, particularly against the BJP.

In a ruling earlier this month, the Patna High Court upheld the state's June 6, 2022 notification about the survey. The court stated that the survey was initiated with legitimate intent and aligned with the public interest. The court held that the survey aimed at implementing welfare schemes and affirmative action, not census-related functions solely under the central government's domain.

Challenging this verdict, petitioners before the Supreme Court argued that the survey violated privacy rights due to the collection of personal details without proper data protection mechanisms. They also contested the state's authority to conduct the survey and its encroachment on privacy rights.

The survey's objective is to advocate for more reservations for backward classes, asserting that the current quotas do not reflect their population share proportionately.

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