SC refuses to entertain plea against Bihar govt decision to include transgender as category in caste list
Oct 16, 2023
New Delhi [India], October 16 : The Supreme Court on Monday refused to entertain a petition against the Bihar government's decision to include 'hijra', 'kinnar', 'kothi', and 'transgender' as a category in the caste list.
The court did not entertain the plea after taking note of government clarification which allows non-binary people to specify their gender identities in a separate column.
A bench of justices Sanjiv Khanna and SVN Bhatti refused to entertain the plea filed by one Reshma Prasad.
When the top court did not take any interest in the petition, the petitioner's lawyer sought to withdraw the plea. The petitioner sought to expunge the data of transgender as caste calling it unconstitutional and arbitrary.
On the other hand, the court was also dealing with various petitions challenging the Patna High Court's decision to uphold the caste survey initiated by the Bihar government.
Among the petitioners are organizations like Ek Soch Ek Prayas and Youth for Equality, who have contested the legality and authority of the caste-based survey.
The Central Government had also entered the legal fray, filing an affidavit with the Supreme Court, emphasizing that the Census Act, 1948, bestows exclusive authority upon the Central Government to conduct census-related activities.
The affidavit reaffirmed the government's commitment to uplift Scheduled Castes (SCs), Scheduled Tribes (STs), Socially and Educationally Backward Classes (SEBCs), and Other Backward Classes (OBCs) in line with constitutional provisions and applicable laws.
One of the petitions had contested the Patna High Court's dismissal of pleas challenging the Nitish Kumar government's decision to conduct the caste-based survey. The High Court's order was issued on August 1.
The petitioner had argued that the state of Bihar lacked the constitutional competence to initiate a caste-based survey and usurped the exclusive authority of the Union Government in conducting a census.
The petitioner had highlighted that the Bihar government's notification dated June 6, 2022, and the subsequent appointment of a District Magistrate for supervision violate constitutional provisions, including the distribution of powers between the state and the union.
The petitioner contended that the entire exercise is without legislative competence and is riddled with malafide intentions.
The petitioner underscored that only the Union Government possesses the authority to conduct a census in India, rendering the Bihar State Government's notification null and void.
The Patna High Court had previously dismissed similar pleas contesting the caste-based survey ordered by the Nitish Kumar administration. The survey aims to collect data related to people of all castes, sub-castes, and socioeconomic conditions, covering an estimated population of 12.70 crores across 38 districts in Bihar.
