Supreme Court: Bihar's caste survey raises privacy questions

Supreme Court: Bihar's caste survey raises privacy questions

During today's hearing of the Youth for Equality v. The State of Bihar case, the Supreme Court emphasized the entrenched nature of the caste system in Bihar, contrasting it with metropolitan areas like Delhi, where neighbors might not be aware of each other's castes. Justice Sanjiv Khanna commented that caste is commonly known within communities in Bihar. The case revolves around whether the caste survey conducted by the Bihar government infringes on the right to privacy.

The court, composed of Justices Sanjiv Khanna and SV Bhatti, discussed whether the caste survey's public release violates privacy rights. They highlighted that the survey only provides aggregate data and does not divulge individual caste details.

Senior Advocate CS Vaidyanathan, representing the appellant against the survey, argued that people cannot be compelled to reveal such personal information. He questioned the legitimacy of collecting religion, gender, and income details without a legal basis, asserting that privacy rights can only be encroached upon by a fair and legitimate statutory law, as established in the Puttaswamy case by the Constitution bench.

Vaidyanathan emphasized that a proper statutory law is necessary, not just an executive notification, citing the absence of such a law prior to the Bihar government's survey.

The challenge concerns the Patna High Court's decision on August 1 to uphold the Bihar Caste Survey conducted by the State government.

The Supreme Court clarified that it won't halt the publication of survey results unless the appellants demonstrate a prima facie case. They indicated that the exercise was already completed and there's a judgment favoring the State.

The proceedings will resume on August 21, during which Senior Advocate Aparajita Singh will present arguments on behalf of the appellant.

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