Bihar: SC refuses to ban gender census data – News India Live

The Supreme Court has refused to ban the Bihar caste census. The Supreme Court said that we cannot stop any work of the state. Along with this, the court has sent a notice to the Bihar government and asked it to reply by January next year. Bihar government had decided to conduct the census at its own level. Against this, the Central Government argued that the Center has the right to take all types of decisions regarding the census and the State Governments cannot take any decision in this regard.

Requires detailed hearing

The Supreme Court, while hearing the petitions filed against the Bihar Caste Survey, has refused to impose any kind of stay. The court has said that there is a need for a detailed hearing in this matter. It was also said that all aspects have to be considered in the caste survey. On October 3, the next day after the release of the caste survey on October 2, the petitioner sought the intervention of the Supreme Court in the matter of publishing the caste data, which the Supreme Court accepted and fixed today’s date for hearing. , The bench of Justice Sanjeev Khanna and SVM Bhati heard the case.

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The petitioner claimed in the court that the Nitish government of Bihar has violated people’s fundamental right to privacy by asking them about their caste. There were also allegations of pressurizing people to reveal their caste. However, in the hearing of this case, the Supreme Court completely rejected these arguments. It is noteworthy that caste census data was announced in Bihar on October 2. A few months before the Lok Sabha elections, the survey revealed that Other Backward Classes and Very Backward Classes among them constitute 63% of the state’s population, with EBCs at 36% while OBCs at 27.13%. The Bihar government argued that it was a “social survey”. Senior counsel for the state government, Shyam Diwan, said the survey data would be used to formulate welfare measures.

What is the logic of the central government?

The Patna High Court upheld the validity of the survey on 1 August. The petitioners argued that Bihar had no right to conduct such a survey, which was an attempt to usurp the Centre’s powers. He argued that the survey violated Schedule VII of the Constitution, the Census Act, 1948 and the Census Rules, 1990. The petitions said that census was included in the Central Schedule in the Seventh Schedule of the Constitution. The petition argued that the notification of the survey in June 2022 was outside the scope of Sections 3, 4 and 4A of the Census Act, 1948 as well as Rules 3, 4 and 6A of the Census Rules, 1990.

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