Patna HC Emphasizes That Bihar Caste Survey Aims To Identify The Economic And Societal Aspects Of Various Communities

The Patna High Court, in the case of Youth for Equality & Ors v State of Bihar & Ors, upheld the validity of the Bihar Caste Survey, clarifying that the purpose of the survey is not to tax, brand, label, or isolate individuals or groups. Instead, the court emphasized that the survey aims to identify the economic, educational, and societal aspects of various communities, classes, and groups. It seeks to determine where further State action is needed to improve their conditions. 

The court, composed of Chief Justice K Vinod Chandran and Justice Partha Sarthy, found the State's decision to undertake the caste survey to be legitimate and in line with the goal of development with justice. The survey focuses on identifying Backward Classes, Scheduled Castes, and Scheduled Tribes to provide them with equal opportunities through affirmative action, employment, education, local representation, and targeted schemes. 

It was clarified that the survey does not involve any coercion to disclose personal details and does not violate the individual's right to privacy since it serves a compelling public interest and a legitimate State interest. 

The court also distinguished between caste and religion, noting that individuals belonging to the same caste may practice different religions, and converted groups are also considered for backward status and associated privileges by the State. 

The court further emphasized that the survey is not individual-centric but collects data from the head of the family, making it impossible to target any individual. With this rationale, the court dismissed the pleas challenging the Bihar Caste Survey. 

The survey was planned to be conducted in two phases, with the first phase already completed in January, involving a household counting exercise. However, on May 4, the High Court stayed the survey, considering it to be a census that only the Central government could conduct. The Bihar government then appealed to the Supreme Court, but the interim stay was not lifted. Finally, the Patna High Court, in its judgment on August 1, dismissed the challenge against the Bihar Caste Survey.