Caste Census: Bridging Historical Disparities, Charting Path to Social Equality

India, a nation celebrated for its cultural diversity and robust democratic framework, stands at a crucial juncture in its pursuit of social justice.

Conducting a caste census has become a subject of extensive nationwide debate and consideration. Historically, individuals from marginalised castes have faced social ostracism, discrimination, exclusion, and limited access to resources and opportunities.

A comprehensive understanding of caste demographics is essential for formulating precisely targeted policies and initiatives tailored to the unique needs of marginalised communities.

This necessity gains greater salience in light of the Bihar Jaati Adharit Ganana (Bihar caste-based survey) findings, which the Bihar government unveiled under the leadership of Nitish Kumar on 2 October 2023. 

What Does the Survey Say?

The released survey report challenges prevalent misconceptions regarding caste dynamics in Bihar.

It provides a detailed breakdown of the caste composition within the State, revealing that the Other Backward Class (OBC) population constitutes 27.1%, while the Extremely Backward Class comprises 36% of the total population.

Additionally, the Scheduled Caste (SC) population in Bihar stands at 19.6%, with the Scheduled Tribe (ST) population at 1.6%, in contrast to the General Caste population, constituting 15.5%. Within the OBC category, the Yadavas represent 14.2%, whereas the Kushwaha and Kurmi castes constitute 4.2% and 2.8%, respectively.

These revelations underscore the urgency for a comprehensive understanding of caste dynamics in India, emphasising the necessity of a caste census. These findings assume profound significance, particularly in the context of the forthcoming 2024 General Assembly election, where political parties nationwide are gearing up for an election where caste and identity are anticipated to play a pivotal role, making these findings indispensable for informed policy-making and strategic electoral considerations.

Consequently, the demand for conducting a pan-India caste census has gained momentum again. 

A Brief Historical Overview

The recent efforts by the Bihar government are not unprecedented in the census history of India.

The first-ever synchronous census with data on caste was conducted by WC Plowden (Census Commissioner of British India) in 1881, categorising castes into Brahmans, Rajputs, Castes of Good Social Position, Inferior Castes, and Non-Hindus or Aboriginal Castes.

In 1921, the category of “depressed classes” was introduced, evolving into “exterior classes” in 1931. However, during the 1941 census, no comprehensive data was released due to the Second World War.

After independence, the first census of free India in 1951 omitted collecting caste-based data, believing castes would become irrelevant in independent India. The Census of India Act of 1948 discontinued such data collection, focusing only on the number of SCs and STs. 

In 1979, the Mandal Commission was established to identify the socially or educationally backward classes in India. Faced with a lack of recent data on OBCs, the Commission utilised caste data from the 1931 census.

This data was meticulously sorted based on caste and community and then aggregated into broad categories, including religious groups. These categories were further organised into five major heads: (i) SCs and STs; (ii) Non-Hindu communities, Religious Groups, etc.; (iii) Forward Hindu Castes and Communities; (iv) Backward Hindu Caste and Communities; and (v) Backward Non-Hindu Communities. The findings and recommendations of the Mandal Commission were also upheld by the Supreme Court in Indra Sawhney v. Union of India. 

Post Mandal Commission and the Indra Sawhney judgment, the demand for caste census gained momentum, leading the Congress-led UPA government to plan the execution of a Socio-Economic Caste Census (SECC) in 2011. The Ministry of Rural Development surveyed rural areas, while the Ministry of Housing & Urban Poverty Alleviation conducted it in urban areas. In 2016, the two ministries released the SECC data, excluding the caste composition.

The caste-related data was subsequently handed over to the Ministry of Social Justice and Empowerment, where an expert group was formed to classify and categorise the information. However, an official report on this data is yet to be published or made publicly available. 

In 2021, the issue of conducting a caste census regained prominence following a request from the National Commission for Backward Classes urging the government to undertake a caste census concurrently with the 2021 national census. However, the lack of political will and legal impediments have obstructed the collection of caste-related data during the census process. 

Caste Census Within the Legal Realm

The constitutional framework of India, under Article 340, mandates the establishment of a commission to investigate the circumstances of socially and educationally disadvantaged classes and propose measures to be taken by the government. This constitutional provision favours the conducting of a caste census. However, the legal conundrum lies in Entry 69 of the Union List in the Seventh Schedule of the Constitution, which grants exclusive authority to the central government to conduct a census.

Furthermore, Minister of State for Home Affairs, Nityanand Rai, in response to a parliamentary inquiry by MP D Ravikumar from DMK, affirmed that the Union government has no intentions to transfer the census to the concurrent list to allow state governments to also conduct the census.

This stance creates substantial obstacles for state governments in implementing policies, as they require updated caste data for affirmative action policies and to preserve reservations in employment, education, and local governance. 

In the legal realm, the issue of conducting a caste census faced judicial challenges. In 2014, a three-judge bench of the Supreme Court, comprising Justices Dipak Misra, R F Nariman, and U U Lalit, ruled in the case of Census Commissioner & Ors vs R.Krishamurthya, setting aside a Madras High Court verdict that mandated a caste census for proportional reservations for SCs, STs, and OBCs.

The SC found the HC order exceptionally unclear and legally unsustainable, marking it as a violation of the power of judicial review. Further, it stated that the judiciary does not possess the jurisdiction to investigate the wisdom or acceptability of a specific public policy. 

A 'Perfectly Valid and Legally Competent' Survey

However, in different contexts, the SC has underscored the need for empirical data to substantiate reservation. In 2021, the SC, in the case of Vikas Kishanrao Gawali vs State of Maharashtra and others, established the requirement for empirical proof of backwardness and underrepresentation, known as the ‘Triple Test’, for the implementation of OBC reservations in local bodies.

Following this judgment, the Lucknow Bench of the Allahabad High Court directed the Uttar Pradesh government to conduct urban local body elections without reservations for OBCs due to the non-fulfilment of the ‘Triple Test’ requirement.

This ruling by the SC has prompted several state governments to initiate caste censuses at the state level. Karnataka had previously conducted such a census; however, the findings remain undisclosed. In Chhattisgarh, the caste census is presently underway. 

The legality of Bihar's caste survey has become a matter of controversy. Soon after the survey was made public, it encountered a legal challenge in the Supreme Court.

The petitioners, represented by Ek Soch Ek Prayas and Youth for Equality NGOs, argue that Bihar overstepped its constitutional authority by conducting a caste-based survey, encroaching upon the exclusive jurisdiction of the Union Government in census-related affairs. The Supreme Court is scheduled to hear the petition on October 6th.

A division bench of the Patna HC headed by the Chief Justice, in August 2023, had earlier upheld the validity of the Bihar caste survey, stating that the survey is “perfectly valid and legally competent”. The bench noted that the Collection of Statistics Act of 2008 empowers state governments to collect caste data in the interest of social justice. Crucially, the bench distinguished between a ‘caste survey’ and a ‘census’. Following this ruling, Bihar released the caste survey, providing a precise snapshot of the State’s social fabric.

Caste Inequalities of Everyday Life

This data is vital for the executive and policymakers for the formulation of evidence-based policies. Bihar’s caste survey results indicate that approximately 85% of the State’s population belongs to marginalised castes.

While these figures may appear remarkably high, numerous researchers have conducted empirical studies highlighting the significant caste-based inequalities in the public and private sectors. These studies advocate for a more informed approach to combat caste-based discrimination and social exclusion.

For instance, a comprehensive study spanning 565 villages across eleven Indian states unveiled pervasive “almost universal residential segregation” in each village, with over 80% of them continuing the practice of untouchability.

In Delhi, a housing discrimination study conducted by Professor Sukhdeo Thorat revealed that approximately 18% of Dalits face rejections from upper-caste homeowners due to their caste affiliations. Moreover, structural inequalities profoundly impact employment opportunities.

A staggering 97% of individuals engaged in manual scavenging are Dalits, underscoring the dire occupational disparities. Additionally, a 2012 study emphasised that nearly 93% of Indian corporate board members are from upper castes, with Brahmins and Vaishyas constituting 45% each. A recent report from Oxfam India reveals a notable disparity in income between individuals who do not belong to the SC and ST categories.

On average, those outside these communities earn Rs 5,000 more per month than individuals within these groups. These findings underscore the need for more inclusive policies in public institutions and private organisations to eradicate caste-based discrimination, and such policies can only be effective when they are based on pieces of evidence and data. 

The reverberations of caste discrimination persist even today, perpetuating social disparities and impeding progress. These studies, along with Bihar’s caste survey report, provide compelling evidence for formulating comprehensive policies that regulate caste-based discrimination across various sectors. Recognising the caste-based demographics is a crucial step toward acknowledging historical injustices. 

(The author, previously a LAMP Fellow (2019-20), is pursuing an LLM from the University of Windsor, Canada and is also a Graduate Fellow at the Transnational Law and Racial Justice Network. The author can be reached on Twitter at @shubhamkumarrml. This is an opinion piece. The views expressed above are the author’s own. The Quint neither endorses nor is responsible for them.)