SC: Can't stop Bihar from releasing more caste data

The Supreme Court on Friday refused to restrain the Bihar government from acting on or releasing more data based on its landmark caste survey, observing that most policy decisions proceed on data and that a government, in an interim measure, cannot be stopped from taking decisions

- Utkarsh Anand

A bench of justices Sanjiv Khanna and SVN Bhatti issued formal notice on a bunch of petitions challenging the August 1 judgment of the Patna high court that allowed the state government to carry out the caste census. The bench fixed the next hearing of the matter in January — three months later — asking the state government to put its reply on record even as it refused to issue any interim directive to restrain the government.

“The high court judgment is fairly detailed. After all, all policies proceed on data,” the bench told senior lawyer Aparajita Singh, who appeared for one of the petitioners assailing the collection of data in the caste survey as being violative of privacy and beyond the legislative power of a state government.

The court further pointed out that one of the moot issues in the matter relates to the breakdown of data and as to how much of it could finally be made public by the state government.

The decision by the top court, and the next date of hearing, practically removes legal hurdles in front of the state government in releasing the next batch of data collected on socioeconomic parameters such as land and vehicle ownership, education, income levels and employment status.

Welcoming the court order, Bihar minister and JD(U) leader Ashok Choudhary said, “It is a matter of joy for people like us who support this (caste-based survey). It is good for those who support the caste-based census and are in politics alongside Nitish Kumar, who made an effort to empower the most backward by providing them reservations in Panchayat Raj system, made an effort to empower the Dalits and women.”