Bihar Caste Survey: In Bihar, neighbours know your caste, says Supreme Court in response to privacy violation argument

The hearing in the challenge to the Bihar caste survey today saw the Supreme Court highlight the deep roots of the caste system as an institution in the east Indian State. [Youth for Equality v. The State of Bihar].The Court said that in Bihar, most people would be aware of the caste of persons living in the vicinity, something which might not be the case in a metropolis like Delhi. "Your caste is known to your neighbours. In Bihar, unfortunately, it is true. In Delhi, we don't know," remarked Justice Sanjiv Khanna. The bench, which also comprised Justice SV Bhatti, made the observation while dealing with the question of whether the exercise of a caste survey by the State government in Bihar would violate the right to privacy.Specifically on the survey, the bench noted that only cumulative figures are released to the public through the survey, not individual details of caste..Appearing for the appellant challenging the survey, Senior Advocate CS Vaidyanathan maintained that people cannot be compelled to disclose such details."How can anyone be compelled to disclose their religion, gender, monthly income? Please look at the form, only thing voluntary (to submit) is Aadhar ... The question is can somebody be compelled to give these details without a law?" Vaidyanathan argued. .Relying on the Constitution bench ruling in the Puttaswamy case, which held that individuals have a fundamental right to privacy, the senior lawyer contended that privacy rights can only be infringed by way of a statutory law that is fair and with a legitimate object."Law cannot be executive notification, it has to be statutory law," he added, while highlighting that no such law was enacted before the Bihar government undertook the survey. .Under challenge is an August 1 Patna High Court decision to uphold the Bihar Caste Survey being undertaken by the State government.The top court today made it clear that it would not stay the publication of the caste survey results unless a prima facie case is made out by the appellants. "We are not going to stay anything unless there is prima facie case... the exercise has already been completed ... there is a judgment in their (State's) favour," the Court orally remarked. .The hearing in the matter will continue on August 21, when Senior Advocate Aparajita Singh is expected to make arguments for the appellant-side. .[Read live coverage of hearing today]