The Supreme Court said on Friday (28 April 2023) that casteism is unbridled in Bihar and is dominant in every domain be it bureaucracy or politics. This statement was made by a bench of Justices MR Shah and JB Pardiwala while they were assessing a petition striving pause on the caste survey that is underway in the State.
“There is so much casteism there. In every field. Bureaucracy, politics, service,” Justice Shah commented.
The Patna High Court had declined to bestow any interim stay on the the survey leading the way to the present petition before the top court.
The Supreme Court ruled that the High Court ought to have listened to the issue on merits before determining on whether or not to approve of interim relief.
“One way or the other, (plea for) interim relief has to be considered on merits. Let a division bench consider it,” Justice Shah declared.
The court requested the High Court to do so expeditiously since the High Court had not done the identical.
“We clarify that we have not said anything on merits and it is for the High Court to take a call on the same,” the bench conveyed in its ruling.
The current plea was proceeded by Youth for Equality, an Indian organisation that functions against caste-based policies and reservations.
Senior Advocate Mukul Rohatgi, occurring for the petitioner-organisation asserted that it was a severe issue, and that the survey for a caste census was being performed in view of elections.
He summed up that casteism was exceptionally uncontrolled in the State of Bihar.
The counsel for Bihar indicated out that multiple petitions have come up challenging the government’s action.
Nevertheless, Justice Pardiwala raised a query to the State counsel why it was functioning with such haste in executing this survey.
The counsel in comeback referred to the directive principles.
“What directive principles?” Justice Pardiwala inquired of.
The bench thereafter departed a judgment giving freedom to the pleader to file an application before the Patna High Court for immediate hearing on the interim relief seeked, and requested the High Court to dispose of the same preferably within three days.
In January this year, a Supreme Court bench of Justices BR Gavai and Vikram Nath had denied to consider three public interest litigation (PIL) pleas challenging the Bihar government determination to commence a caste census in the State.
The bench had consented liberation to the petitioners to proceed towards the Patna High Court.
“This is a publicity interest litigation. If we allow this then how will they determine how much reservation to be given? You want to withdraw? Go and file before the High Court. Sorry we do not entertain such petitions,” Justice Gavai had stated.
Written by Sonakshi Misra, 2nd year (4th semester) B.A.LL.B. Hons. student at Atal Bihari Vajpayee School of Legal Studies, Chhatrapati Shahu Ji Maharaj University, Kanpur.
