New Delhi: The Kerala government has informed the Supreme Court that to identify socio-economic backward classes in the state, it had put its hopes on a caste census held by the Centre in 2011, but the report given by the central government is “not at all helpful”.
The state’s chief secretary, in an affidavit filed in the apex court earlier this month, said: “A purported report on the socio-economic caste census, 2011, had been forwarded to the chairman of the Kerala State Commission for Backward Classes on May 25, 2023. But the report given by the central government is not at all helpful for identification of socially and educationally backward classes within the state of Kerala”.
The state said it had requested the Centre in November 2022, for a copy of the 2011 caste survey data report in order to identify backward classes in Kerala.
“It is further submitted that the same does not contain any socio-economic caste data, whatsoever. The report forwarded to the chairman of the Kerala State Commission for Backward Classes was forwarded by the commission to the government”, it said.
The Kerala government is facing contempt proceedings in the apex court for “wilfully disobeying” judicial orders to periodically revise its backward classes’ list in order to ensure equitable distribution of the benefits of reservation in public employment.
Though Bihar had held its own caste survey before the general elections, Kerala contended before the court that months were spent waiting for the 2011 census report from the Centre. It also emphasized on the adverse impact of COVID pandemic for not conducting its own caste survey and revision of backward classes list. The state government said the Centre had already collected the data during the census 2011. “Since the data collection has already been conducted by the central government, the state government was of the opinion that the same be collected from the central government”, said the chief secretary of the state.
The state government’s response came on a contempt petition filed by an NGO, Minority Indians Planning and Vigilance Commission Trust. Advocate Haris Beeran appeared for the NGO before the court. The apex court had issued notice on the contempt petition and sought responses from the Centre, the state, and the Kerala State Commission for Backward Classes.
According to the petition, in September 2020, the Kerala High Court had directed the Centre to take necessary steps for finalisation of a socio-economic study report taking into account parameters for the identification of socially and educationally backward classes within Kerala and submit it to the State Backward Classes Commission. In June 2021, the apex court had extended the time for completing the exercise by a year.
The plea contended that the contemnors had deliberately sought to override judicial orders and refused to conduct any census and submit the report to the commission. The contempt plea cited the Indira Sawhney judgment of the Supreme Court in 1992 had called for classification among backward classes and equitable distribution of the benefits of reservation.
The plea contended that the lapse in conducting the study and timely revision in the backward classes list was violative of Article 16(4) of the Constitution, which empowers the states to make laws to ensure the representation of the weakest sections of the society in public employment. The matter is scheduled to come up for hearing before the apex court on February 6.
