Bihar government moves Patna HC for early hearing on caste survey

The development comes a day after Patna HC had put an interim stay on the survey.

“We have filed an interim application for an early date of hearing in the case. The court has fixed July 3 as the next date of the hearing. We have prayed for an early hearing, and it is for the court to decide,” said advocate general PK Shahi.

Shahi said the government is weighing on the options available at their disposal.

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“The order is being studied and whatever the government decides will be done,” he added.

The bench of chief justice of HC K Vinod Chandran and justice Madhuresh Prasad had on Thursday directed the Bihar 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.

Barely a few hours later, the government issued an order to all the district magistrates to ensure compliance of the court directive and necessary instructions to other officials in this regard.

Chief secretary Amir Subhani said that the General Administrative Department (GAD) was studying the order to decide the future course of action.

“The officials are studying the order,” he added.

The GAD is with the chief minister Nitish Kumar.

The HC hearing took place after the Supreme Court observed, while hearing the petitioners, Youth for Equality, an organisation that works against caste-based policies and reservations, that the division bench should hear the matter on merits before deciding on whether or not to grant interim relief.

The HC heard the case for two days and stayed caste survey on the third day in its detailed order.

The apex court had directed the Patna high court to look into the matter and dispose of the case in three days preferably.

The first round of the caste survey in Bihar was conducted between January 7 and 21.

The second round started on April 15 and was scheduled to continue till May 15.

The court observed that “the caste- based survey is a census in the garb of a survey; the power to carry out which is exclusively on the Union Parliament which has also enacted a Census Act, 1948.”

“There is also the question raised of data integrity and security which has to be elaborately addressed by the state. 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, which would amount to a census, thus impinging upon the legislative power of the Union Parliament,” it observed.

Emphasising the larger question of right to privacy, which the Supreme Court has held to be a facet of right to life, the court said, “We also see from the notification issued that the government intends to share data with the leaders of different parties of the state assembly, the ruling party and opposition party which is also a matter of great concern.”

“True, there is a compulsion by way of an obligation on the citizen under the Census Act and unhindered entry conferred on the authorized officers; but also, a protection from the records of census not being open to inspection nor admissible in evidence. Though it has been vehemently urged that both Houses of the State Legislature have sanctioned the survey, there is nothing placed on record regarding the deliberations made or the objects sought to be achieved by embarking upon such a massive exercise, that too for the collection of details which include the sensitive issue of caste,” the HC added.