The Kerala government told the Supreme Court on Monday that it had pinned its hopes on a caste census held by the Centre in 2011 to identify socio-economic backward classes in the State, but the data proved “not at all helpful”.
The State is facing contempt proceedings in the Supreme 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.
While States like Bihar have held its own caste survey ahead of the Lok Sabha elections, Kerala, through its Chief Secretary Venu V., recounted about months spent waiting for a copy of the 2011 census report from the Centre and even blamed the tough months of COVID for not conducting its own caste survey and revision of backward classes list.
In its response, the State, represented by advocate Nishe Rajen Shonker, said that since the data on socio-economic classes were already compiled by the Centre in 2011, “The State government was of the opinion that the same be collected from the Centre”. The Centre was equally bound to conduct caste survey and identify backward classes.
The response said the State had requested the Centre on November 4, 2022, for a copy of the 2011 caste survey data report in order to identify backward classes in Kerala. The report was forwarded to the Kerala State Commission for Backward Classes chairman only in May 2023.
“The report was not at all helpful for identification of socially and educationally backward classes within the State of Kerala. The report does not contain any socio economic caste data, whatsoever,” the response said.
The response came in a contempt petition filed by an NGO, Minority Indians Planning and Vigilance Commission Trust, represented by advocate Haris Beeran.
A top court Bench headed by Justice B.R. Gavai had issued notice on the contempt petition and sought responses from the Centre, the State government through the Chief Secretary and the Kerala State Commission for Backward Classes.
The petition said that the Kerala High Court had, on September 8, 2020, 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. Based on the report, the Commission and the Centre were directed to complete the evaluation and submit recommendations to the State within a period of six months.
On June 28, 2021, the Supreme Court had extended the time for completing the exercise by a year.
The petition said the contemnors had “deliberately sought to override judicial orders and refused to conduct any census and submit the report to the Commission”. The inaction had led to backward classes, including the Muslim community, to remain in the lower strata of the society in the State.
“It was a workable and legal solution to end the perennial problem of under-representation of the weaker sections of the society in public employment,” the petition has argued.
The contempt plea pointed out that 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. This had meant a periodic revision of lists to exclude those who had ceased to be backward. The petition said the lapse in conducting the study and timely revision in the backward classes list was violative of
Article 16(4) of the Constitution. The Article had empowered the States to make laws to ensure the representation of the weakest sections of the society in public employment.
The lack of relevant information was also violative of the provisions of the Kerala State Commission for Backward Classes Act of 1993 and the Kerala State Backward Classes (Reservation for appointments or posts in the services under the State) Act of 1995, the petition has argued.
The case is coming up for hearing on February 6.
