Supreme Court Issues Notice On PIL Seeking Caste-Wise Census In 2021

During the hearing today, Advocate GS Mani appearing for the petitioner submitted before a three-judge Bench of CJI Bobde, Justice Bopanna and Justice Ramasubramanian, that the Court had issued notice in a case similar to the present matter.

The petitioner has argued that the caste wise census of backward classes has an imperative role in implementing reservations regarding education, employment sectors, panchayat Raj elections and Municipal elections, and lack of such census creates problems in deciding the percentage of reservations for backward classes proportionate to their population.

According to the petition, the government is planning to conduct a national census in 2021 and a proforma was released containing 32 columns with details of SC&STs, Hindus, Muslim, etc but a column of Other Backward Classes has not been included in the proforma. There is a vital necessity for caste wise census of backward class community.

The plea has stated that the Central and State Government in India are introducing and implementing multiple schemes for education, employment, economic and political sectors with a great motto for backward classes development and with intention to keep the said community out of below poverty. A budget is being allocated every year for the said schemes but difficulties are being faced in sharing the budget with every case in backward classes for the lack of caste wise survey.

Further, the plea has stated that the Justice Rohini Commission set up in 2017 to make recommendations for benefit of the marginalised communities in the existing OBCs, also needs more time to submit its report and has received its ninth extension for six months till January 31,2021. A letter was also written to the Union Minister pointing out the issues related to the backward community and requesting for caste-wise census of backward classes, but no reply has been received.

 The petition has also stated that under the Constitutional mandate while there is a prohibition that the State will not discriminate against any citizen on the grounds only of religion, caste, sex, place of birth or any of them, the State is also empowered to make provisions for the upliftment of socially and educationally backward classes, scheduled classes, casts and tribes or for women and children.

The petition has been filed by by Advocate Anzu Varkey and drawn by Advocate Mahesh Chary.