SC to hear plea against Bihar caste census on Jan 13

New Delhi, Jan 11: The Supreme Court on Wednesday agreed to give an urgent hearing to the petition challenging the Bihar government's notification on conducting the Caste Census in the state.

A bench led by Chief Justice of India DY Chandrachud said that it will hear the petition, which was filed by a lawyer, on Friday. In another petition filed by by a social worker Akhilesh Kumar through Advocates Barun Kumar Sinha and Abhishek, the petitioner alleged that the notification was "discriminatory and unconstitutional".

According to a PTI report, the PIL had sought the quashing of the notification issued by deputy secretary, government of Bihar, in respect of conducting a caste survey in the state and to refrain the authorities from conducting the exercise. The petition alleged that the notification dated June 6, 2022 violated Article 14 of the Constitution, which provides for equality before law and equal protection of the law, adding that the notification was "illegal, arbitrary, irrational and unconstitutional", according to a PTI report.

"If the proclaimed purpose of the caste-based survey is to accommodate the people of State suffering caste persecution, the distinction on the basis of caste and country of origin is irrational and unjustified. None of these distinctions correspond with the ostensible purpose of the law," Nalanda resident Akhilesh Kumar said in his petition.

In Bihar, there are 113 castes known as OBC and EBC, eight castes are included in the category of Upper Caste, there are about 22 sub castes which are included in Scheduled Caste category and there are 29 about Sub Castes which are included in the scheduled category, ANI reports citing the plea.

"The impugned Notification accords differential treatment without intelligible differentia to illegal decision of State of Bihar is illegal, arbitrary irrational and unconstitutional," the petitioner Akhilesh Kumar said.