Khushi Maheshwari, Pune
The Caste-based surveys in the state of Bihar after the Patna High Court gave them a green signal have been sparking debates on various grounds.
On Friday, the Supreme Court commenced a session to hear the pleas against the High Court’s decision. But understanding what these caste surveys entail is a prerequisite to forming any judgment on them.
What is this caste-based survey? its aim, questions incorporated, and contentions
The caste-based survey is an extensive data assimilation initiative by the Bihar Government in India. It aims to collect socio-economic information pertaining to numerous castes, sub-castes, and religious groups within Bihar to understand the living conditions and economic standing of these diverse communities; it is estimated to collect said data for a population of 12.7 crores.
The second phase of the survey consists of 17 questions, which are as follows:
1. What are the full names of all the members of the family?
2. What is the name of the father or husband?
3. What is your relationship with the head of the family?
4. Age (in years)
5. Gender
6. Marital status
7. Religion
8. Name of the religion
9. Name of the Caste
10. Educational Qualification
11. Residential condition
12. Temporary Migrant status
13. Ownership of Laptop/computer
14. Agricultural Land
15. Residential Land
16. Ownership of motor vehicle
17. Profession and monthly income of each family member, etc.
The survey has been challenged by an NGO called Youth for Equality on the grounds of infringement of privacy. Their plea against the caste survey was represented in the Supreme Court by Senior Advocate C. S. Vaidyanathan. Since the survey was carried out on the strength of an executive order- which did not specify the aim of the exercise either- it was not considered a just invasion of privacy.
The court rhetorically remarked that there cannot be a violation of privacy in a state where caste is known to neighbors; furthermore, Justice Sanjeev Khanna (one of the members of the two-judge Bench) went on to ask which of the 17 questions included in the survey invades privacy.
As it enters its second phase, the caste-based survey continues to stir debate regarding its constitutionality.