The Supreme Court refused to entertain various pleas challenging the Bihar government’s decision to conduct a caste-based census across the state. A bench of justics BR Gavai and Vikram Nath, however, granted liberty to petitioners to approach the concerned High Court and seek appropriate remedies as per law. It also noted that if such petitions were allowed then how the concerned authorities would determine the number of reservations to be granted. Three separate petitions were filed related to similar issues in the Supreme Court.
The Petitioner said that the impugned notification and decision of the State of Bihar is unconstitutional, legal, arbitrary, irrational, discriminatory, unreasonable and without any authority of law”. The petition mentioned about the Varna system, which according to the petitioner refers to the social stratification based on the Varna. Four basic categories are defined under this system-Brahmins, Kshatriyas, Vaishyas and shudras and Jatis.
The petitioners blamed the Britishers and said that the British while ruling India needed to segregate the society for the purpose of smooth governance and in this regard, they invented this colonial construct of Caste. One of the petitions was moved in the top court recently by a social worker Akhilesh Kumar through Advocates Barun Kumar Sinha and Abhishek, who, in his petition, said, “That the cause of action arose on/from the impugned Notification dated June 6, 2022, issued by Deputy Secretary, Government of Bihar, whereby the decision of the Government to conduct caste census has been communicated to the media and public at large.”