Karnataka HC hears pleas against 'caste census'

Bengaluru, Sep 24 (PTI) The Karnataka High Court on Wednesday heard detailed arguments over a batch of petitions challenging the validity of the ongoing Social and Educational Survey, popularly known as "caste census".

A division bench comprising Chief Justice Vibhu Bakhru and Justice C M Joshi did not pass any interim relief but posted the matter for further hearing to Thursday.

Senior Advocate Abhishek Manu Singhvi, representing the state, argued that the petitions were not targeting any constitutional provisions or specific sections of the Karnataka State Commission for Backward Classes Act, 1995, but were in effect seeking to halt the government’s exercise of power.

He maintained that the objections raised by the petitioners were general allegations of the survey being “unscientific,” which could only be tested once results were made public.

Singhvi also referred to the Supreme Court’s Puttaswamy judgment to assert that governments are empowered to gather data for welfare schemes, stressing that “data mining” concerns arise only if such information is shared with private entities.

The bench clarified that the petitioners were not disputing the government’s authority to conduct surveys but questioned the manner of execution, citing the sudden increase in the number of castes and alleged political motives.

When the court raised the issue of overlap with the Union government’s caste census, Singhvi countered that states need not wait for the Centre’s exercise, which may take years to complete.

Appearing for the Union government, Additional Solicitor General Arvind Kamath contended that the constitutional framework recognizes only a central census as an authoritative source of demographic data.

Kamath described Karnataka’s effort as “a census disguised as a survey” and argued that a valid survey must be issue-specific, unlike the present enumeration which, he claimed treads into the Centre’s domain.

The Commission’s counsel defended the updated caste list, explaining that many communities had complained of exclusions during the previous survey.

He said geo-tagging of houses was undertaken, while Aadhaar was used only to verify household heads and prevent duplication.

The bench, however, questioned the legal basis for placing geo-tag stickers and whether residents could be penalized for removing them. It also sought clarification on whether surveyors were mandated to inform households that participation was voluntary.

Petitioners, including the Vokkaligara Sangha, Akhila Karnataka Brahmana Mahasabha, and Veerashaiva Lingayat Mahasabha, argued that while the state can design welfare measures for backward classes, it lacks authority to carry out a caste-based survey. They alleged the hurried exercise, with only a seven-day objection window, was "politically motivated".

The state government, led by Chief Minister Siddaramaiah, has defended the enumeration as critical for designing welfare programmes. Nearly Rs 420 crore has been earmarked for the exercise, which is being carried out door-to-door by enumerators. PTI COR KSU ROH