Karnataka High Court refuses to stay caste survey but says it must be voluntary, confidential

The Karnataka High Court on Thursday refused to stay the State's move to conduct a socio-economic and educational survey, popularly referred to as a caste survey, but ordered that the exercise must be voluntary and that any data collected must be kept confidential [Rajya Vokkaliga Sangha v. Karnataka State Backward Classes Commission and ors, and connected matters].

A Bench of Chief Justice Vibhu Bakhru and Justice CM Joshi passed the interim order on a batch of petitions against conducting such a survey.

"We do not consider it apposite to interdict the process of survey. However, we direct that data collected shall not be disclosed to any person. The State Backward Classes Commission (which is conducting the survey) shall ensure that the data collected is fully protected and kept confidential. We further direct the commission to submit a notification declaring that participation in this survey is voluntary and no person is obligated to disclose any of the information. This information will necessarily have to be communicated to all participants at the threshold by enumerators before calling on them to participate in the survey," the Court ordered.

It added that if any person does not wish to participate in the survey, the State cannot try to coax such persons into changing their mind.

"If a participant declines to participate in the survey, the enumerator will take no further steps to persuade or cajole the participant to divulge any information," the Court said.

The petitioners before the Court challenged the survey on the ground that it is a census in disguise, which also involves unnecessary intrusion into people's private lives.

The State, represented by Advocate General Shashi Kiran Shetty, today assured that there are sufficient safeguards in place to ensure that private data collected during the survey is protected. He added that he can also file an affidavit on the same by tomorrow. Senior Advocate AM Singhvi also appeared for the State while Senior Advocate Dr. Ravi Varma Kumar appeared for the State's Backward Classes Commission.

Having refused to stay the exercise, the Court today allowed all parties to file further written submissions in the matter in the coming weeks.

The petitioners before the Court include the Rajya Vokkaliga Sangha, individuals from the Vokkaliga community including former Advocate Association of Bengaluru (AAB) President KN Subba Reddy, individuals from the Lingayat community, and the Akhila Karnataka Brahmana Maha Sabha.

[Live Coverage]