Patna High Court Stays Caste-Based Census In Bihar

Patna High Court on Thursday ordered an interim stay on the caste-based census in Bihar and told the government not to disclose the data collected so far.

Chief Justice K. Vinod Chandran and Justice Madhuresh Prasad on May 4 heard the arguments of petitioners, as well as the government and prima facie, found a case in the opinion of petitioners. 

In its order, the court said, "We direct 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."

The next hearing of the portion has been fixed on July 3. 

Rashtriya Janata Dal (RJD) and Janta Dal United (JDU)-led grand alliance government, had announced a caste census last year, which will be costing Rs 500 crore to the state exchequer.

The first phase of the census was started in January this year when a number of houses were surveyed. The second and crucial phase started last month when people had to disclose their castes. The government has prepared codes for castes. This phase was supposed to conclude by mid-May and according to the government, 80 per cent of the work has already been completed.  

About three organizations had filed petitions in Patna High Court to stop the caste-based census.

Petitioners told the court that the authority to carry out a census is with the Central Government so the State cannot carry out a caste census in the garb of a survey.  Another petitioner pointed out that the government may be claiming that it is doing a 'survey' but in fact, it is a 'census'. Petitioners also raised the issue of not bringing legislation to carry out the census. 

Petitioners informed the court that asking about caste is a breach of the right to privacy. 

Responding to the petitioners' points, the advocate general representing the state termed the exercise smacks of an ill-motivated, malafide attempt and said, "The petitioners are wayfarers who were sitting on the fence; when the entire exercise was commenced and undertaken, without raising any challenge."

After listening to arguments from both sides, the court said, "Prima facie, we are of the opinion that the State has no power to carry out a caste-based survey, in the manner in which it is fashioned now."

It further says, "We fail to understand why if there was law-making power available with the Legislature and there being unanimous agreement across the treasury and opposition benches, why a legislation was not brought about."

"We are convinced that the survey, in the manner in which it is carried out, cannot be said to be within the policy realm of the State," the order reads.

When the caste-based census was started recently many organizations raised their reservations over it. Some caste groups protested against not getting a separate caste code.

The transgender community also raised questions over the census for terming the community as caste and not the class.

Reshma Prasad, the representative of the transgender community, was also a petitioner in this case. 

"We have nothing to do if the government does a caste census or not. We were concerned about the government's attempt to put our community in a caste bracket," Reshma Prasad told Outlook.

Prasad says, "If the government wants to do a caste census it can do it. We have no issue but what we want to say is don't represent us wrongly. We are happy that the court heard our argument."

Meanwhile, BJP criticized the Bihar government for not representing facts rightly. Bihar BJP chief Samrat Chaudhary said, "Nitish government could not justify its decision in court. This is a big failure of the government. Nitish government should resign."

Whereas Deputy Chief Minister Tejashwi Yadav emphasized conducting the survey sooner or later.

He said, "This survey must be done. Our government wants to eradicate poverty and backwardness."

"We will read the order and conduct the survey sooner or later. Neither the state will move forward without this (survey) nor will poverty be eradicated," Yadav said.

Nitish Kumar is currently working to form an anti-BJP front for general elections 2024 and for this, he is meeting with various regional parties. 

BJP will be playing its Hindutva card more aggressively. So, to counter this, political analysts believe, the grand alliance government announced a caste census.

According to political analysts, the project is aimed at reviving the Mandal moment of the 90s when then Prime Minister V.P. Singh had announced 27% job reservation to Other Backward Classes (OBCs) in Central government services and public sector units.

In 1979, the Morarji Desai government announced a one-man commission under the aegis of BP Mandal, former chief minister of Bihar. The commission is popularly known as the Mandal Commission. 

It was the Mandal moment that awakened the OBC population to cast their votes on caste lines which gave rise to regional socialist satraps like Lalu Prasad Yadav.