Supreme Court refuses to stay Bihar caste survey publication

economictimes.indiatimes.com:

Supreme Court on Friday refused to issue interim stay on publication of data of the caste-based survey carried out in Bihar and questioned the petitioners' argument that it is against the right to privacy. A top court bench made it clear that it will not issue any interim stay on the publication of the survey unless a prima facie case is made out. The court was informed the survey was completed by the Bihar government on August 6.

The bench said the thought process gone into carrying out the survey must be recorded on the file. Speaking for the bench, Justice Sanjiv Khanna questioned the petitioners as to how «the right to privacy is affected if the data of one's caste is not revealed (to the public)». He also verbally remarked one's caste is known to one's neighbours in Bihar.

But the bench highlighted that while the survey is gathering individual data as well, only cumulative data will be published. Individual data will not be revealed to the public, it said. Justice Khanna also remarked that the survey is «not a quasi-judicial order...(but) something of an administrative decision».

The petitions will come up for resumed hearing on Monday. On August 1, the Patna High Court had found no illegality in the state's decision to undertake the caste survey. It said the state's decision was perfectly valid and initiated with due competence and a legitimate aim of providing development with justice.