Categories: NewsPolitics

Caste Census: Caste census was done during the British era in 1931, during the hearing the arguments kept on these points

Mithilesh, Patna. After the court clears the way for caste enumeration, the number of castes and the facts related to them will come to the fore. Caste census was done in 1931 during the British era and even now the same figure is being taken as reference. Not only Bihar, the question of caste has been sensitive in any society. It is once again in discussion in Bihar. As much as the question of caste enumeration is social, it is no less political. Recently, the alliance of opposition parties “India” has included the matter of caste census across the country in its resolution letter. In the arguments given by the government in its favor, it has been asked to conduct a survey of the people living in the state to know their economic and social status. The High Court has expressed its consent with this argument of the government.

On the one hand, from the caste census report, it will be known whether the amount being spent by the government on development schemes is appropriate for the concerned caste or class or needs to be increased further. This will facilitate the government in planning. Regarding the caste census, a possibility is also being expressed that after its figures come, a kind of mobilization at the social level will get a new basis. These figures will also break the myth of the existing population of different castes.

Political meaning of caste census too

Caste enumeration also has political implications. The question of political claim versus stake of political parties is no different from this. This will clear many things about the social base of political parties. The truth of the claim of political parties on the basis of different caste groups will also be revealed.

Status information will be available with the number of castes

Along with the number of backward castes and other backward castes, information about their status will also be available before the government. Still, dozens of such small castes are included in the list of SC-ST and most backward castes, whose development schemes have not reached their doorstep. In the backward class itself, many castes have reached a better position than other castes in terms of education and economy. Coming here will help the government to bring down those schemes which are still deprived and neglected. There are many such castes who are weak from educational and economic point of view. These castes have been left behind in the race of development and progress. If these castes get an opportunity to move forward, then it will prove to be a big step towards removing social inequality. However, it is certain that the caste census report will reveal the reality and fallacy of the social status of the castes.

Lawyers in opposition to caste enumeration said: Caste enumeration is not in the purview of the state government

Supreme Court lawyers also gave their arguments on behalf of the petitioners against the caste enumeration. The court was told that the work of enumeration of castes and economic survey being done by the state government is outside the jurisdiction of the state government. This act of the state government is also against the constitution. The lawyers of the organization which filed the petition against the caste enumeration said that the notification published for the caste based enumeration and economic survey should be cancelled. Because this work being done by the state government is beyond its jurisdiction. This act of the state government is also against the constitution.

Arguments given by the lawyers of the opposition

  1. Citing the provisions, it was said that only the Central Government can do this work. It comes under the power of the Central Government.

  2. The state government is spending five hundred crore rupees for this survey. It has not been decided on which item this amount will be spent. In the notification issued by the state government on June 6, 2022, it has been said that Rs 500 crore will be spent from contingency fund for the implementation of caste-based census. For this neither the government has made any law nor has it made any regulation. The government has said to spend Rs 500 crore from the Contingency Fund, which is contrary to the Bihar Contingency Fund Act 1950, Bihar Contingency Fund Rule 1953, because Provident Fund Contingency Fund comes under Unfair Expenditure. That’s why the expenditure that has been said to be done from this fund is illegal.

  3. The decision taken by the State Government on June 2, 2022 is against the Constitution of India and against the Census Act 1948, Census Rule 1990.

  4. For the caste-based enumeration being done by the government, neither any law nor any rule or regulation has been made for this.

  5. In the 17 points on which information is being collected by the government, information about religion, caste and economic status is also being collected, this work is against the freedom and privacy of a person. Whatever information is being made available is against the constitution of India, as it is illegal to expose and make public the privacy of any person. This work is also contrary to several orders of the Supreme Court. Whatever policy decision has been taken for this matter has not been published in the gazette, nor has its information been given to the general public.

Advocate General gave these arguments on behalf of the government

On the other hand, the court was told by the Advocate General on behalf of the state government that this survey is being conducted to make plans for public welfare and to improve the social level.

  1. The Advocate General said that it was decided to conduct the caste census by unanimously passing resolutions in both the Houses. In view of the same, the cabinet put its stamp on conducting the census.

  2. The Advocate General said that this is a policy decision of the State Government. Budgetary provision has been made for this. Citing Article 37 of the Constitution, he said that it is the constitutional duty of the state government to obtain information about its citizens so that the benefits of welfare schemes can be extended to them.

  3. It was said on behalf of the state government that no state is untouched by caste. Mungerilal Commission was formed earlier also for the information of castes. No one can deny the importance of castes in present times. The state government has started this work with a clear intention to provide benefits to the people according to their share.

  4. The first phase of caste enumeration is over and eighty percent work of second phase has been completed and no one has registered their complaint. Therefore, there is no justification for banning it now.

  5. During the hearing, the court also wanted to know from the Advocate General that when the consent of both the Houses was there then why the law was not made. On this, Advocate General Shahi said that even without enacting a law, the state government has the right to conduct the census under a policy decision. He said that this is a survey and no one is being forced to tell the caste. People are participating in this survey at their own discretion. That’s why permission should be given to conduct the survey.


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