Supreme Court refuses to stay on Bihar caste survey

Supreme Court refuses to stay on Bihar caste survey

Today, the Supreme Court of India refused to stay on the Bihar caste survey, undertaken by the State.

The Court agrees to hear plea on August 14 challenging the orders of the Patna High Court, upholding the validity of the caste survey.

Senior advocate Mukul Rohatgi counsel for the petitioner prayed to pause the ongoing caste survey. 

The matter was heard before the single-headed bench of Justice Sanjiv Khanna.

"Let the survey continue for some time. If it has completed 80 per cent, let it reach 90 per cent." said the Court.

The next date of hearing will be on 14th August.

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.

 

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