The Patna High Court on Tuesday upheld the caste survey being undertaken by the State of Bihar [Youth for Equality & Ors v State of Bihar & Ors]..A Bench of Chief Justice K Vinod Chandran and Justice Partha Sarthy delivered the verdict on various petitions challenging the caste-based survey."We find the action of the State to be perfectly valid, initiated with due competence, with the legitimate aim of providing ‘Development with Justice’; as proclaimed in the address to both Houses and the actual survey to have neither exercised nor contemplated any coercion to divulge the details and having passed the test of proportionality, thus not having violated the rights of privacy of the individual especially since it is in furtherance of a ‘compelling public interest’ which in effect is the ‘legitimate State interest’," the Court held..The survey is slated to be carried out in two phases. The first phase, under which a household counting exercise was taken up, was conducted by the State government in January this year.The second phase of the survey commenced on April 15, focusing on gathering data related to people's caste and socio-economic conditions. The entire process was planned to be completed by May this year. However, on May 4, the High Court had stayed the caste census.A Bench of Chief Justice K Vinod Chandran and Justice Madhuresh Prasad had passed the order on three petitions seeking a stay. It found that the survey was actually a census, which can only be carried out by the Central government."We find 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," the Court had said..Following this, the Bihar government moved the Supreme Court against the High Court order staying the caste-based survey.The top court, however, refused to lift the stay.The matter was then heard by the High Court which proceeded to dismiss the challenge today. Advocates Aprajita and Rahul Pratap represented petitioner Youth for Equality.Advocates Dinu Kumar, Ritika Rani, Vardaan Mangalam and Rituraj, represented petitioner Akhilesh..[Read Order]
The Patna High Court on Tuesday upheld the caste survey being undertaken by the State of Bihar [Youth for Equality & Ors v State of Bihar & Ors]..A Bench of Chief Justice K Vinod Chandran and Justice Partha Sarthy delivered the verdict on various petitions challenging the caste-based survey."We find the action of the State to be perfectly valid, initiated with due competence, with the legitimate aim of providing ‘Development with Justice’; as proclaimed in the address to both Houses and the actual survey to have neither exercised nor contemplated any coercion to divulge the details and having passed the test of proportionality, thus not having violated the rights of privacy of the individual especially since it is in furtherance of a ‘compelling public interest’ which in effect is the ‘legitimate State interest’," the Court held..The survey is slated to be carried out in two phases. The first phase, under which a household counting exercise was taken up, was conducted by the State government in January this year.The second phase of the survey commenced on April 15, focusing on gathering data related to people's caste and socio-economic conditions. The entire process was planned to be completed by May this year. However, on May 4, the High Court had stayed the caste census.A Bench of Chief Justice K Vinod Chandran and Justice Madhuresh Prasad had passed the order on three petitions seeking a stay. It found that the survey was actually a census, which can only be carried out by the Central government."We find 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," the Court had said..Following this, the Bihar government moved the Supreme Court against the High Court order staying the caste-based survey.The top court, however, refused to lift the stay.The matter was then heard by the High Court which proceeded to dismiss the challenge today. Advocates Aprajita and Rahul Pratap represented petitioner Youth for Equality.Advocates Dinu Kumar, Ritika Rani, Vardaan Mangalam and Rituraj, represented petitioner Akhilesh..[Read Order]
