Editorial

Source: Hindustan Times

Introduction

The Patna High Court in the case of Youth For Equality and others v. State of Bihar and others along with connected matters (2023) held the caste-based census by Bihar government valid by stating that “purpose (of the survey) is to identify the Backward Classes, Scheduled Castes (SCs) and Scheduled Tribes (STs) with the aim of uplifting them and ensuring equal opportunities to them”. However, the Supreme Court has issued notice on that judgment of Patna High Court.

What is a Caste Census?

• A caste census is a population survey that aims to collect information on the caste composition of a particular region or country.
• Caste refers to a social stratification system.
• In this system, society is divided into different social groups or castes, often with distinct occupations, social status, and privileges.
• A caste census involves gathering data on the distribution of various castes within the population.
• The objective is to understand the demographic composition of different caste groups, their socio-economic status, educational levels, and other relevant parameters.
• This information can be used for policy planning, resource allocation, and to assess the effectiveness of affirmative action or reservation programs aimed at addressing historical social inequalities.

What are the Issues Raised Against the Caste Based Census?

• The data collected through the Caste-Based Survey is violative of Right to Privacy inherited under Article 21 of the Constitution of India, 1950.
• The State government is not competent to conduct caste-based survey as the Constitution exclusively empowers the Central government with law-making power on the census.

What is the Position of Caste-Based Survey in Constitution?

• Census is neither defined in the Constitution nor in Census Act, 1948. Hence, it is considered as “headcounts” of residents in the country for their social and economic upliftment.
• Entry 20 List III that is the Concurrent List empowers both Central and State Governments to work for Economic and Social Planning.
• Entry 23 provides the power related to social security and social insurance; employment and unemployment.
• Entry 30 states the power related to Vital statistics including registration of births and deaths.
• All the aforementioned entries can be considered as a purpose coupled with outcome of caste-based census.

What is the Stand of Central Government on Caste Based Census?

• In 2021 the Central government promulgated the initiative of a country-wide caste-based census.
• Centre government filed affidavit challenging the Bihar government’s survey in SC in the case of Ek Soch Ek Paryas v. Union of India (2023).
• The Central government said in its affidavit that "The central government is committed to taking all affirmative actions for the upliftment of SCs, STs, Socially and Educationally Backward Classes (SEBC) and Other Backward Classes (OBCs) in accordance with the provisions of the Constitution of India and the applicable law”.
• Centre government in its affidavit has not discussed about its view of survey violating right to privacy.
• It has also not mentioned its scope of power on Entry 69 of List I of the Constitution, that is Union List which covers census.

Conclusion

• The British government passed the Criminal Tribes Act, 1871 which declared people belonging to a certain tribe, community and caste as born criminal however such data in this Act has no relevance in today’s social and regional dynamics. Likewise, Caste census was last conducted in India in year 1931 which has no relevance in current scenario. To understand the current structure of castes in the nation, a regional-level survey may emerge more efficiently concerning the diversity of the population.