K’taka HC refuses to halt caste survey, directs state to ensure confidentiality

Bengaluru, Sep 25: The Karnataka High Court on Thursday declined to stop the state’s socio-economic and educational survey, widely referred to as the caste survey, but imposed strict safeguards on how it is conducted and how the collected data is handled.
A division bench comprising Chief Justice Vibhu Bakhru and Justice C M Joshi clarified that while the exercise could continue, the data gathered must remain confidential and cannot be shared with anyone. The bench further ordered that participants be expressly told that their involvement is voluntary.
“We do not find reason to interdict the ongoing survey. However, we state that data collected shall not be disclosed to any person. The Commission shall ensure that data is fully protected and kept confidential. We further direct the Commission to issue a public notification clarifying that participation in this survey is voluntary and no person is obligated to disclose any information,” the bench stated.
The court added that this clarification must be given at the outset of the survey process. Enumerators, it said, cannot pressure or persuade individuals who refuse to participate. The Commission has also been asked to file an affidavit within one working day outlining the steps taken to safeguard data collected and stored.
Earlier this week, the Karnataka government defended the survey, arguing that the Union government was adopting contradictory positions. Senior advocate Abhishek Manu Singhvi, appearing for the State, pointed out that the Centre itself piloted the 105th Constitutional Amendment in 2021, which reinstated the powers of states to identify and list backward classes.
“Having brought about this amendment, the Centre now conveniently supports the petitioners simply because a different political party is in power in the state,” Singhvi told the court, asserting that the criticism was politically motivated. (PTI)