Bihar Caste Survey not intended at branding, ostracizing individuals or groups: Patna High Court

The Patna High Court Tuesday said that the Bihar Caste Survey is not aimed at taxing, branding, labeling, or isolating individuals or groups. [Youth for Equality & Ors v State of Bihar & Ors]..Rather, the Court opined that the survey serves the purpose of identifying the economic, educational, and other societal aspects of various communities, classes, and groups, and examining where further State action may be required for their improvement.In the August 1 judgment upholding the Bihar government's decision to undertake the caste survey, the bench of Chief Justice K Vinod Chandran and Justice Partha Sarthy observed,"The caste status sought to be collated is not intended at taxing, branding, labeling or ostracizing individuals or groups; but it is to identify the economic, educational and other social aspects of different communities/classes/groups, which require further action by the State for its upliftment.".The Court found the State's decision to be perfectly valid and initiated with due competence and a legitimate aim of providing development with justice.The Court added that the actual survey does not contemplate any coercion to divulge details and that the action passes the test of proportionality. The Court, therefore, ruled that the proposed move does not violate the individual's right to privacy since it is in furtherance of a compelling public interest and a legitimate State interest. .The Court noted that the survey aimed to identify Backward Classes, Scheduled Castes, and Scheduled Tribes, with a goal to uplift them and ensure equal opportunities through affirmative action, employment, education, local representation, and targeted schemes.The caste survey also aimed to provide a clear advantage to individuals identified as belonging to backward communities through targeted State initiatives, the Court added."Though the caste survey and collection of data would not by itself confer any benefit on the citizen, the statistics which are collated could be placed before the various statutory Commissions, which would result in recommendations, definitely inuring to the benefit of the individuals in the identified classes/groups when schemes and projects are formulated for their upliftment," the Court stated. The Court further observed that "caste is a matter of descent while religion is a matter of belief."On this aspect, the judges noted that India has many instances where persons belonging to the same caste practice different religions. There are communities that have converted from the Hindu religion where the caste system is not practiced. However, even such converted groups are also conferred with backward status and enabled privileges by the State, the Court observed. .The Court proceeded to highlight that the details sought in the caste survey are not individual-centric or aimed at targeting an individual. Since the details are collected from the head of the family, it is virtually impossible to target any individual, the Court noted.."We cannot, but reiterate with emphasis that there can be no coercion found and there is no complaint of such a coercion having been applied by the Government officers in getting the details from the citizens; especially when 80% of the work of collecting data is said to be over. We have also seen the survey of the National Health Mission which also seek the specific details as sought for in the instant survey," the Court further observed. .The bench proceeded to dismiss the pleas challenging the Bihar Caste Survey. .The survey is slated to be carried out in two phases. The first phase, under which a household counting exercise was taken up, was conducted by the State government in January this year.The second phase of the survey commenced on April 15, focusing on gathering data related to people's caste and socio-economic conditions. The entire process was planned to be completed by May this year. However, on May 4, the High Court stayed the caste census.The High Court had passed the order on three petitions. It found that the survey was actually a census, which can only be carried out by the Central government."We find that the caste-based survey is a census in the garb of a survey; the power to carry out which is exclusively on the Union Parliament which has also enacted a Census Act, 1948," the Court had said, at the time. Following this, the Bihar government moved the Supreme Court against the High Court order of stay. The top court, however, refused to lift the interim stay. The matter was then finally heard by the High Court which proceeded to dismiss the challenge on August 1.Advocates Aprajita and Rahul Pratap represented the lead petitioner, Youth for Equality.Advocates Dinu Kumar, Ritika Rani, Vardaan Mangalam, and Rituraj, represented another petitioner, Akhilesh..[Read Order]