IN A development that could provide legitimacy to the demand for caste-based census, the Madras High Court has issued a fresh direction to the Centre to conduct caste-wise enumeration in the country.
Allowing a PIL by lawyer R Krishnamoorthy, a division bench directed the Census Commissioner to take all steps to hold caste-wise enumeration. The bench comprising acting chief justice Elipe Dharma Rao and justice T S Sivagnanam said the relief sought by the petitioner had already been answered in the affirmative by the court in an earlier verdict on a writ petition.
In its October 2009 judgement, the court had noted that after 1931 there had never been any caste-wise enumeration or tabulation. “When there cannot be any dispute that there is an increase in the population of Scheduled Castes/Scheduled Tribes and Other Backward Classes manifold after 1931, the percentage of reservation fixed on the basis of population in 1931 has to be proportionately increased by conducting caste-wise census,” it had then held.
In the 2009 order, the court had asked the central government to conduct a fresh castewise census “at the earliest and in a time-bound manner” to help achieve “the goal of social justice in its true sense”. Justice Elipe Dharma Rao, who was part of the division bench that issued the order, had said that such an exercise would be in the interest of the weaker sections.
According to the bench, a caste-wise enumeration has become important as various state governments have introduced new categories — OBCs and MBCs — in the “reserved” category. “Given this backdrop, the percentage of reservation for various categories based on 1931 population figure is unfair. Quota should be proportionately increased by conducting a fresh caste-wise census,” the court said.
Incidentally, the Supreme Court had, in last April, rejected the Tamil Nadu-based PMK’s demand for castebased census. The court felt that such an exercise could “cause immense strife”.
Allowing a PIL by lawyer R Krishnamoorthy, a division bench directed the Census Commissioner to take all steps to hold caste-wise enumeration. The bench comprising acting chief justice Elipe Dharma Rao and justice T S Sivagnanam said the relief sought by the petitioner had already been answered in the affirmative by the court in an earlier verdict on a writ petition.
In its October 2009 judgement, the court had noted that after 1931 there had never been any caste-wise enumeration or tabulation. “When there cannot be any dispute that there is an increase in the population of Scheduled Castes/Scheduled Tribes and Other Backward Classes manifold after 1931, the percentage of reservation fixed on the basis of population in 1931 has to be proportionately increased by conducting caste-wise census,” it had then held.
In the 2009 order, the court had asked the central government to conduct a fresh castewise census “at the earliest and in a time-bound manner” to help achieve “the goal of social justice in its true sense”. Justice Elipe Dharma Rao, who was part of the division bench that issued the order, had said that such an exercise would be in the interest of the weaker sections.
According to the bench, a caste-wise enumeration has become important as various state governments have introduced new categories — OBCs and MBCs — in the “reserved” category. “Given this backdrop, the percentage of reservation for various categories based on 1931 population figure is unfair. Quota should be proportionately increased by conducting a fresh caste-wise census,” the court said.
Incidentally, the Supreme Court had, in last April, rejected the Tamil Nadu-based PMK’s demand for castebased census. The court felt that such an exercise could “cause immense strife”.
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