The ongoing caste-based survey, initiated by the Bihar government on 7th January 2023, in Bihar has sparked significant discourse and legal battles, raising questions about its constitutionality, necessity, and potential implications. This article takes a closer look at the purpose of this census and the controversies it has sparked.
Purpose of the Caste-based Survey
The Bihar government embarked on this ambitious project with the aim of acquiring detailed socio-economic data to better inform policies and initiatives aimed at assisting disadvantaged groups. The census combines economic status data with information on caste, reaching out to an estimated population of 12.70 crore across Bihar’s 38 districts. It should be noted that a similar Socio-Economic and Caste Census (SECC) was undertaken by the Union Government in 2011, but the raw data collected from almost 1.3 billion Indians was never disclosed due to inaccuracies.
Criticisms and Legal Challenges against the Caste-Based Survey
Several critics and petitioners challenged the constitutionality of the survey, arguing that it violated privacy rights, was politically motivated, and relied on unreliable methods. They argued that the State government lacked the authority to appoint local authorities for data collection without specific notification under Section 3 of the Census Act, 1948, from the Central government. Furthermore, they contended that assigning a caste identity to all citizens, even those not seeking State benefits, contravened the Constitution, violating the right to identity, dignity, informational privacy, and choice as protected by Article 21.
The High Court’s Intervention
The Patna High Court halted the second phase of the survey on May 4, 2023, after critics challenged it. However, the court later dismissed all petitions against the survey, allowing the government to resume the second phase, which included collecting data related to castes, sub-castes, and religions. The ruling relied on the judgement in Indra Sawhney Case, which stated that identifying caste to alleviate social backwardness is in line with Article 16(4) of the Constitution.
Pros and Cons of the Caste-Based Survey
Critics argue that the disclosure of caste identities could lead to stigmatization around certain castes, potentially discouraging truthful responses and undermining the accuracy of the survey. There are also concerns about political manipulation, as caste data can be exploited for political gains and vote bank politics, distracting from genuine policy issues. Critics also worry that the fluidity of caste identities due to factors like inter-caste marriages may be overlooked, leading to inaccurate representations of reality.
On the other hand, advocates for the caste-based census argue that accurate data on caste disparities can inform better policy planning and implementation, helping to reduce social inequalities. A thorough survey can reveal how caste intersects with factors like gender and religion, leading to compounded disadvantages – aiding the formulation of nuanced policies to address varied dimensions of marginalization.
Concluding Thoughts
While the ongoing caste-based survey presents potential advantages for policy-making and addressing disparities, it also raises valid concerns about privacy, stigmatization, and political manipulation. It is essential for the government to establish a clear ethical framework that prioritizes participant privacy and dignity while conducting such surveys ā emphasising informed consent and maintaining confidentiality. Alongside this, public awareness campaigns, regular reviews, and capacity-building initiatives can contribute to reducing inequalities and fostering social integration in alignment with United Nations Sustainable Development Goal-10.
