Supreme Court Refuses to Interfere in the Matter of Caste-Based Census; Says Such Issues Are ‘In the Domain of Policy’

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Supreme Court of India, Tirumala Laddu, Cnadrababu Naidu, CM, jagan, Prasad, Andhra Pradesh

New Delhi: On Monday, the Supreme Court refused to hear a public interest litigation (PIL) requesting that the Centre conduct a caste-based census for the “welfare of backward and other marginalised sections” in the country.

This decision is significant as it underscores the Court’s stance on matters of policy and governance, and its reluctance to interfere in such issues.

“We will dismiss this petition. The issues raised are in the domain of policy; if you want to withdraw, withdraw it. Otherwise, we will pass a dismissal order,” added the Bench, also comprising Justice SVN Bhatti.

Ultimately, the petitioner’s counsel, who initially submitted that an identical matter was coming up for hearing on September 9 before the apex court, chose to withdraw the PIL.

The plea demanded expeditious data enumeration for the 2024 census and a Socio-Economic Caste Census (SECC) to implement welfare measures.

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The PIL argued that an SECC would be a powerful tool to identify disadvantaged groups, ensure equitable resource distribution, and monitor the implementation of targeted policies. It emphasised that accurate data on backward and other marginalised sections is not just important but crucial for achieving social justice and constitutional objectives for the Union government.

The petition stressed that a data-driven approach is not just beneficial, but essential for informed policy-making. It underlined that precise data aids in understanding socio-economic conditions and demographics, enabling targeted interventions to uplift disadvantaged communities.

The PIL brought to light the challenges in releasing and effectively utilising the raw caste data from the 2011 SECC. It noted that an Expert Group was formed to classify and categorise this data. However, the Union Government has yet to release its recommendations, which has hindered the effective use of the caste data.

The PIL cited Article 340 of the Constitution, which mandates the appointment of a commission to investigate socially and educationally backward classes.

“Respondents (authorities) have not conducted the enumeration for Census-2021 to date. Initially, it was not done due to the Covid-19 pandemic, and subsequently, it has been postponed time and again. The enumeration of the Census of the Country for 2021 was initiated in April 2019. But it was not concluded till date,” stated the plea, adding that the delay in the census has resulted in a “major data gap” as the last census was conducted 13 years ago in 2011.

The PIL said that the census is not just a population growth tracker but also provides comprehensive socio-economic data on the country’s population that can be used in policy-making, economic planning, and various administrative purposes.

What is the caste-based census?

The caste census involves including caste-specific tabulations of India’s population in the Census exercise.

From 1951 to 2011, India counted and published caste data for only the Scheduled Castes and Tribes. It also publishes data on religion, language, and socioeconomic position.

The last caste census was in 1931, and all caste data are projected on this basis.

Caste statistics were gathered for the 2011 census, but they were never made public.

The ruling BJP opposes it, but a select few of its partners (mostly caste-based parties) and opposition parties support it.

 

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–IANS

 

 

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