SC agrees to hear on April 28 plea against caste survey in Bihar
The petitioner has said that the caste-based survey was violative of the right to privacy under Article 21 of Constitution
The Supreme Court on Friday agreed to hear on April 28 a fresh plea against the Bihar government’s decision to conduct a caste-based survey in the state.
A bench of Chief Justice of India D Y Chandrachud and Justice P S Narasimha took note of the submission of an advocate seeking an urgent hearing of the matter.
The petitioner, Youth for Equality, has challenged the interim order of the Patna high court on April 18 that had orally refused to grant interim relief or stay, restraining the government of Bihar from conducting the caste-based survey, while listing the matter for hearing on May 4.
The second phase of the caste-based survey in Bihar began on April 15 and will end on May 15.
The petitioner has said that the caste-based survey was violative of the right to privacy under Article 21 of Constitution and contrary to the law laid down on data collection by the Constitution bench in the Aadhaar-related case of KS Puttaswamy versus Union of India (2017).
It argued that the collection of personal data by the state was not being done under a law but an executive order of June 6, 2022.
Right to privacy in relation to sensitive personal data being a protected right under Article 21, collection of personal data can only be undertaken under a law, the counsels for the petitioner said.
No information was provided as to the purpose to which the data would be used. There was also no provision of data security under the order, besides there being no information on storage, use and transfer of personal data.
The SLP (special leave petition), while seeking setting aside the HC order, said that the said order was in violation of settled proposition of law laid down by the apex court in the Aadhaar-related Puttuswamy case. It said if the HC order was not set aside, it will result in “great travesty of justice.”
