The Patna High Court in Bihar has reserved its verdict on the fate of the state government's caste-based survey.
After five days of detailed arguments, the division bench, led by Chief Justice K Vinod Chandran and Justice Partha Sarthy, concluded the hearing on Friday and is expected to announce its decision next week.
The survey, which was initiated in two phases, faced multiple public interest litigation (PIL) pleas challenging its legality. The first phase, conducted from January 7 to January 21, involved a household counting exercise. The second phase, launched on April 15, aimed to collect data on people's caste and socio-economic conditions. The High Court had imposed an interim stay on the survey on May 4, citing concerns that it resembled a census and encroached upon the legislative power of the Union Parliament.
During the hearing, the court expressed its grave concern over the government's intention to share census data with leaders of different political parties in the State Assembly, including the ruling and opposition parties. As a result, the court ordered an immediate halt to the caste-based survey and instructed the government to secure the data already collected until final orders are issued.
The Bihar government defended its position, asserting that it has the authority to conduct a caste-based survey to gather data on caste, jati, and the socio-economic well-being of the people in the state. It argued that participation in the survey is voluntary and differs from a caste-based census, where caste declaration is mandatory. The government also stated that no one has alleged forced disclosure of information during the survey.
Advocate Dinu Kumar, representing the petitioners, contended that the state government's survey is tantamount to conducting a census, which is not permitted under the constitution. Kumar raised concerns about the substantial expenditure on the survey without adequate justification.
Earlier, the Supreme Court adjourned the state's petition challenging the interim order of the Patna High Court regarding the survey. The Supreme Court decided to await the High Court's decision, scheduled for July 3, and would consider the arguments if necessary on July 14.
The Patna High Court's forthcoming verdict will determine the fate of the caste-based survey and address the legal issues raised during the hearing.
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