Bihar Caste Survey: SC Directs Nitish Govt To Release Breakdown Of Data, Next Hearing On Jan 29

Supreme Court tells Bihar government that caste survey data breakup be put in the public domain.

The Supreme Court on Tuesday (January 2) instructed the Bihar government to make public the caste survey data, expressing concerns about its non-disclosure to the public. Justices Sanjiv Khanna and Dipankar Dutta are scheduled to review challenges against the Patna High Court's decision upholding the state's caste-based survey on January 29, Live Law reported.

"The Court is concerned about the breakdown of data in the Bihar caste survey not being made available to the public, because if somebody is willing to challenge a particular inference being drawn then he should be able to have that data," the apex court said, according to ANI.

During Tuesday's session, the apex court heard petitions challenging Bihar's caste-based survey's constitutionality. The bench, comprising Justices Sanjiv Khanna and Dipankar Dutta, considered pleas from NGOs Youth for Equality and 'Ek Soch Ek Prayas'. Despite requests for a stay on the survey data's release, the court has refrained from issuing such orders, the Live Law report said. 

While discussing the matter, Justice Khanna underscored the importance of transparency, querying the government's withholding of detailed survey data. He stated, "There is a concern about the data's breakdown not being accessible to the public, raising questions about its withholding".

The report further said that Senior Advocate Shyam Divan, representing the Bihar government, claimed that the survey data is publicly accessible. In response, Justice Khanna emphasised that the detailed data breakdown should be available to the public, allowing challenges to specific interpretations.

The court adjourned the hearing to the week beginning January 29, 2024, without granting an urgent hearing on interim relief requests. The Supreme Court has consistently avoided halting the survey without thorough deliberation.

Previously, Senior Advocate CS Vaidyanathan argued against the caste survey, citing the 2017 Puttaswamy ruling on privacy rights. The bench has also grappled with privacy concerns, particularly regarding data aggregation versus individual data disclosure.

Moreover, the Bihar government recently unveiled the survey data, revealing key population demographics. In response, the state announced a 10% reservation for economically weaker sections in judicial services and state-run law institutions. Additionally, a recent petition addressing the inclusion of non-binary gender identities in the caste list was withdrawn following clarifications from the government.