SC refuses to restrain Bihar from acting on caste data

New Delhi: The Supreme Court on Friday issued notice to the Bihar government, seeking its response to a clutch of pleas challenging the caste-based survey carried out in the state and the recent publication of its data. A bench headed by justice Sanjiv Khanna, however, refused to pass any order of stay or status quo to restrain the Bihar government from acting on the survey data.

Speaking for the bench, justice Khanna verbally remarked: "We cannot stop the state government or any government from taking a decision. That would be wrong. But if there is an issue regarding data, that will be considered. We are going to examine the other issue regarding the power of the state government to conduct this exercise".

The bench said it might not examine privacy issues, because it might not be a concern as names and other identifiers were not published. The "most important consideration will be with regard to breakdown of data", the court said. Observing that "all policies proceed on data", the bench remarked "normally, the question is whether the breakdown of data be made available".


During the resumed hearing, the bench verbally questioned the counsel for the Bihar government as to why the data had been published. In response, the counsel said the top court had not ordered stay or even issued notice on the clutch of petitions challenging the survey.

The counsel for the petitioner argued that the data collected by the Bihar government might not be acted upon because it was collected unlawfully. Raising the issue of alleged breach of privacy and other concerns, the counsel demanded a stay on the publication and use of the data.

The bench listed the matter for resumed hearing in January 2024.

The Supreme Court at the previous hearing had questioned how the right to privacy was hurt in the caste-based survey carried out in Bihar. Speaking for the bench, Justice Sanjiv Khanna at a previous hearing had verbally remarked one's caste was known to the person's neighbours in Bihar.

The bench in August also had refused to grant interim stay on the publication of the data.