Recently, an appeal has been filed in the Top Court challenging the orders of the Patna High Court to uphold the Bihar Caste Survey being undertaken by the State government.
The High Court had found the State's decision to undertake the caste survey perfectly valid and initiated with due competence and a legitimate aim of providing development with justice.
In the previous hearing, the division 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 had added that the actual survey does not contemplate any coercion to divulge details and that the action passes the test of proportionality. It, therefore, had 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 survey will 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 scheduled to be completed by May this year.
Earlier, in January, the Court refused to entertain a batch of pleas challenging the Bihar government's decision to conduct a caste survey in the state.
It had said there is no merit in the petitions and dismissed them with liberty to the petitioners to approach the high court concerned.
A division bench of Chief Justice K Vinod Chandran and Justice Madhuresh Prasad passed the order on three petitions filed before the High Court seeking a stay.
The bench directed the State government to immediately stop the caste-based survey and ensure that the data already collected are secured and not shared with anybody till final orders are passed in the writ petition.
"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.
The State Government said the collection of caste-based data is a constitutional mandate under Articles 15 and 16 of the Constitution.
The first round of caste surveys in Bihar was conducted between January 7 and 21. The second round started on April 15 and was supposed to continue till May 15.
Earlier, the Patna High Court had rejected the application of the Bihar government to expedite the hearing on the petitions challenging the caste-based survey in the state.
While hearing the above arguments on May 4, the High Court ordered the hearing of the matter in July, putting an interim stay on the caste-based survey.
After the order of the High Court, the Government of Bihar filed an interim application before the High Court itself.
The Bihar government said that the High Court's order of May 4 is interim. The decision should be given soon on the pending issues. The matter should be settled. No purpose will be served by keeping the matter pending. The High Court had upheld the old order only. After this, the Bihar government turned to the Supreme Court.
The matter was finally heard by a Division Bench of the High Court, which proceeded to dismiss the challenge on August 1.
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