The Supreme Court today dismissed a petition challenging the Centre’s decision to undertake caste enumeration as part of the upcoming population Census, saying the issue falls within the policy domain of the government.
A bench headed by Chief Justice Surya Kant observed that the government needs to know the number of people belonging to backward classes to frame welfare measures for them. The bench said there was nothing wrong in collecting such data and declined to interfere in the matter. The Bench of Chief Justice of India (CJI) Surya Kant and Justices Joymalya Bagchi and Vipul Pancholi maintained that the issue lies within the policy domain of the government and courts cannot intervene.
"Whether census should be caste or not caste based is a policy decision. Government has to know how many (people) are backward class etc," the CJI remarked.Government has to know how many (people) are backward class etc. The Court added that gathering such data does not violate any laws and sits well within the executive's policy domain.
"This is policy matter. No reason to intervene. Dismissed," the order said. The Petitioner-in-person argued that the collection of caste data could be susceptible to misuse, particularly if such information were to fall into the hands of corporate entities and politicians.
According to him, there was no justification to collect caste data. Rejecting the contention, the CJI said, "These are all policy matters, whether census should be caste-based or not. What is wrong with it? Any day's Government must know how many people are backward class, what kind of welfare measures are to be taken for them. It is within the policy domain."
The petitioner claimed that the Government already has plent of data. Dismissing the petition, the Court stated that caste enumeration is a policy decision of the government.The Bench then proceeded to dismiss the plea filed by one Sudhakar Gummula who appeared in person.
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