Karnataka High Court Upholds Socio-Economic Survey, Ensures Privacy Safeguards
Interim Directions Issued to Protect Data Confidentiality Amid Ongoing Survey by Karnataka State Backward Classes Commission
In a significant ruling, the Karnataka High Court has upheld the Government's decision to conduct a socio-economic and educational survey aimed at identifying socially and educationally backward classes within the state. The judgment, delivered by Chief Justice Vibhu Bakhru and Justice C M Joshi, addressed concerns raised by the petitioners regarding privacy violations and the legislative competence of the State to conduct such a survey.
The court recognized the survey's necessity for revising the list of backward classes based on empirical data, emphasizing that such exercises eliminate arbitrariness in classification. However, the court mandated protective measures to safeguard the privacy of individuals participating in the survey. Participation was declared voluntary, with stringent directions ensuring the confidentiality of the data collected.
The Karnataka State Backward Classes Commission, responsible for conducting the survey, was directed to issue public notices clarifying the voluntary nature of participation. Enumerators were instructed to communicate this to all participants before collecting any information, ensuring no undue pressure was applied to divulge personal details.
The court's interim relief underscored the importance of maintaining the integrity of the survey while addressing privacy concerns. The Commission is required to file an affidavit detailing the measures undertaken to protect data confidentiality, ensuring it remains inaccessible to unauthorized entities, including the government.
Despite objections from petitioners regarding the survey's scope and methodology, the court refused to halt the ongoing exercise, citing the extensive resources already committed to the project. Approximately 1.75 lakh enumerators have been mobilized, with significant expenditures incurred on materials and remunerations.
The judgment highlighted the legislative competence of the State under Article 342A(3) and relevant entries in List III of the Seventh Schedule, affirming the survey's alignment with constitutional provisions. It differentiated the survey from a census, clarifying that universal data collection does not equate to a census, which remains the exclusive domain of the Union of India.
The court's decision marks a pivotal moment in Karnataka's efforts to address social and educational disparities, reinforcing the State's duty to periodically revise the list of backward classes based on comprehensive data. The case is scheduled for further proceedings in December, allowing parties to submit additional objections and responses.
Bottom Line:
Interim directions issued to safeguard the privacy and confidentiality of data collected during a socio-economic and educational survey conducted by the Karnataka State Backward Classes Commission.
Statutory provision(s): Articles 342A, 366(26C), 15, 16, 21, 38, 39 of the Constitution of India; Karnataka State Commission for Backward Classes Act, 1995 Sections 9(1)(ii), 11
