Karnataka HC refuses caste census by Congress govt in K’taka

Karnataka: The Karnataka High Court has refused to stop the ongoing socio-economic and educational survey (caste census) undertaken by the state government.

A division bench of Chief Justice Vibhu Bakhru and Justice C M Joshi, however, directed the Karnataka Backward Classes Commission to ensure that the collected data is protected and to publicise that participation of citizens in the survey is voluntary.

“We do not consider it apposite to interdict the impugned survey mid-way. However, we state that the data collected during the survey shall not be disclosed to any person, including the government. The commission shall ensure that the data is fully protected and is kept confidential,” the bench said.

The court posted the hearing in a batch of petitions in the first week of December.

“We further direct the commission to issue (a) public notification that participation in the survey is voluntary and no person is obligated to disclose any information," the bench said.

The court said, the information would necessarily have to be communicated to all participants at the outset by the enumerators before calling upon them to answer any queries.

"If someone declined to participate in the survey, the enumerators would take no further steps to pressurise them to divulge information. The commission shall file an affidavit within one working day clearly disclosing the steps taken ensuring that the data collected is kept confidential and will not be accessed by any person other than the commission,” the court said.

PILs were filed by Rajya Vokkaliga Sangha, members of Akhila Bharata Veerashaiva Lingayata Mahasabha and others challenging the survey.

The petitioners argued that the state government has no mandate to conduct a caste-based survey to review social and economic conditions. They sought an interim stay on the enumeration process.

The state government, however, contended that the 105th amendment to the Constitution has restored the power of state governments and Union Territories to identify and list the Socially and Educationally Backward Classes (SEBCs).

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