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Caste Census And Actionable Policies

Author: LawSphereX

Category: General Law

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CASTE CENSUS AND ACTIONABLE POLICIES

Mausam Kumar, National Law School of India University, Bengaluru

INTRODUCTION

Indian census has a long history behind it, Kautilya’s Arthasasta, written around 321-296 B. C. , laid stress on the census as a measure of state policy for the collection of taxes. With time, more benefits of the census came to be known as it yielded various facts on people’s lives thus becoming a valuable tool for socio-economic policy-making and planning. In modern times, it has become an exercise which is undertaken every ten years. The first complete pan-India census took place in 1881, till 1931 the information was being collected mainly on four markers i. e. age, sex, caste, and occupation (Maheshwari). After 1931 the collection of caste-based data was discontinued.

The decision to stop collecting caste data was driven by the beliefs of leaders of the Indian Independence movement that emphasizing caste distinctions could perpetuate social inequalities and hinder the nation's efforts to promote unity and social integration. It is pertinent to note that even after 76 years of Independence, India’s complex caste hierarchy plays a substantial role in shaping socioeconomic outcomes and restricting access to opportunities for historically marginalized communities (Ram B. Bhagat). The lack of clear official data on the country’s caste composition severely limits evidence-based policymaking aimed at ameliorating caste-based discrimination.

Multiple academic studies have demonstrated that caste identity significantly impacts income levels, poverty rates, health indicators, and access to education and employment, even after controlling for class differences (Singh et al. ). At the same time, scholars note that gaps remain in evaluating the efficacy of existing schemes due to unreliable and dated caste statistics. The previous nationwide caste census conducted in 1931 under British rule enumerated specific caste groups and their population proportions across provinces and states. Independent India has yet to undertake such a rigorous enumeration of castes. Instead, the decennial census since 1951 has focused only on categorizing Scheduled Castes (SC) and Scheduled Tribes (ST) broadly without any internal differentiations (R. B. Bhagat).

This renders invisible in official statistics the multitude of castes clubs under the SC/ST brackets. Moreover, the census data on the broader SC/ST population is also dated now, with the last published figures from the 2011 census exercise. The lack of granular and updated data on the demographic spread, socioeconomic characteristics, and access outcomes for specific marginalized castes severely restricts the Indian state’s ability to introduce impactful actionable policies. STATEMENT OF PROBLEM In India, one of the major reasons for the profound influence of the caste hierarchy on socioeconomic disparities persists due to the absence of contemporary and detailed official data. Caste continues to affect the distribution of privileges in our society.

The last nationwide caste census was in 1931, and subsequent decennial censuses have focused broadly on Scheduled Castes (SC) and Scheduled Tribes (ST), lacking internal differentiations. Outdated and unreliable caste statistics hinder the evaluation of current schemes, while the 2011 census is the last available data on SC/ST populations. Policy decisions on caste-based data are handicapped by the lack of a sound database. Even the Supreme Court and High Courts have found it difficult to decide on petitions concerning caste-based policies (such as reservation for OBCs) in the absence of reliable data. This critical lack of granular and updated information restricts the Indian state's ability to design impactful actionable policies, and impeding progress toward a more inclusive society.

LITERATURE REVIEW

The review covers articles and chapters of books that examine the complex issues surrounding caste enumeration in the Indian census and its implications for social policies. These articles and books span historical analyses of colonial censuses, debates on including caste, as well as contemporary perspectives on caste data for affirmative action policies. Prof. Satish Deshpande provides a historical sociological analysis of the reluctance to enumerate caste in the Indian census. He critiques the arguments against collecting caste data and shows that technical difficulties, political consequences, or ethical concerns do not justify evading caste in the census (Deshpande). Prof. Padmanabh Samarendra further traces the colonial genealogy of the modern conception of caste as a uniform, empirically verifiable category.

He argues that the idea of a singular pan-Indian caste system was an administrative construct that did not capture the fluid, heterogeneous nature of indigenous identities like jati and varna (Samarendra). Ashok Malik takes a critical approach and questions the underlying rationale and implications of conducting a caste census. He argues that reconciling subjective caste identities should not be the role of the census and he also highlights risks such as people changing caste identities for benefits and solidifying divisions. He also discusses the complexities of evolving caste identities by using the example of Khatris and Kurmis. He raises philosophical concerns about how counting caste may undermine the idea of a caste-neutral society (Malik). Prof. Sonalde Desai argues for better caste data to allow evidence-based policy targeting.

She also highlights the complexities in counting thousands of jatis and sub-jatis. She suggests strategies like compiling caste lists from existing surveys before the 2011 census. She takes more of a pragmatic view about how to best collect meaningful caste data given the sociopolitical reality of caste-based inequalities (Desai). Prof. D. P. Singh examined how caste has been a longstanding marker of societal stratification and exclusion in India, having implications for a range of development indicators like health, education, income, etc. They have found stark health and demographic differentials across caste groups. For instance, infant mortality rates are considerably higher among SC and ST compared to forward castes. Significant gaps were also identified in total fertility rates across forward castes and backward castes like Rajput and Musahar.

They argue how ground realities on inclusion and access to schemes vary greatly between upper and lower castes. They have also identified how caste dynamics also play out geographically, with more rigid caste hierarchies and inequalities in certain regions of north India as compared to south India (Singh et al. ). The existing literature mostly provides historical and conceptual analyses of caste enumeration. While some articles discuss the implications of affirmative action policies, there remains a gap in assessing the policy impact of updated caste data on welfare schemes and programs aimed at marginalized groups. Recently, Bihar became the first state in India to successfully conduct a caste census. Thereafter the government of Bihar introduced two bills i. e.

“Bihar Admission in Educational Institutions Reservation (Amendment) Act 2023” and “Bihar Reservation of Vacancies in Posts And Services (Amendment) Act, 2023” to ensure greater participation of the people from marginalized groups who are not adequately represented in the educational institutions and the important portfolios of the state government (Gazette). There has also been limited research on the precise mechanisms through which granular caste statistics can inform improvements in public policy targeting and implementation at the ground level and whether the recently conducted caste-based census can be a guiding factor for a nationwide caste census in India.

RESEARCH QUESTIONS

1. How the caste census data can help in forming actionable policies for disadvantaged

groups?

2. How can learnings from Bihar’s caste census methodology and outcomes be utilized to

plan an effective and administratively feasible model of nationwide enumeration of thousands of castes and sub-castes?

OBJECTIVES

To analyze the limitations of existing policies targeting marginalized castes due to lack of sound data. • To highlight the need and complexities in generating updated and disaggregated caste statistics. • To examine the introduction of recent actionable policies in Bihar based on data collected through the recently conducted caste census in Bihar. • To assess the mechanisms, outcomes, and limitations of Bihar’s caste census for providing guiding principles toward enabling central and state agencies to successfully undertake a reliable pan-India caste census of thousands of caste and sub-caste categories.

HYPOTHESIS Learnings from the processes, data systems, and policy impacts of the Bihar caste census provide an implementable model to overcome challenges in conducting an administratively feasible nationwide caste census.

RESEARCH

METHODOLOGY

The research methodology for this paper primarily involves qualitative analysis using a conceptual and historical approach based on secondary data from academic literature, government reports, legislation and news articles. It traces the background of caste census during British rule and post-independence, analyses the continued socioeconomic role of caste, evaluates issues in enumeration, examines recent policy impacts of the Bihar caste census, and provides recommendations regarding key aspects for implementing an effective nationwide caste census. The methodology relies on content analysis and comparative assessment of multiple sources rather than statistical analysis or primary data collection through surveys or fieldwork.

HISTORY AND DISCONTINUATION OF CASTE CENSUS IN INDIA The census in colonial India, starting from around the middle of the 19th century, included the enumeration and classification of caste. This practice continued till the census of 1931. However, after independence, the collection of caste data was officially discontinued in the census. This chapter traces the history of caste census during the colonial period and analyses the reasons behind its discontinuation after independence. CASTE CENSUS DURING COLONIAL RULE Among the first concerns of Great Britain in the role of direct rule in India was to find out its population. The first caste enumeration exercise in census began in 1865 in North Western Provinces and subsequently spread to other provinces. In 1871, the Government in London and Government of India agreed on a principle to conduct a census in 1871. “Between 1867 and

1872 censuses were conducted in as much of the country as was then practicable”

(Maheshwari). The early caste census faced major challenges in identifying and classifying castes due to the heterogeneity of jatis on the ground and the lack of uniform classification principles across provinces. Over the decades, especially from 1881 onwards, efforts were made to refine the definition of caste, understand its salient features, and enable uniform classification across regions. This represented the ethnographic turn in the census operations. However, confusion persisted over whether caste should be defined as status, function, or race. There were also difficulties in applying proposed criteria like endogamy or social precedence for classification. The final caste classification in the 1931 census was also admitted to be makeshift, with several unresolved flaws and inconsistencies (Lee).

The Indian census had been conducted decennially since 1872 under British imperial rule to systematically enumerate, collect comprehensive statistical data, and categorize the diversity of the Indian population for strengthened governance and policymaking. Under administrator, Herbert Hope Risley, the complex categorization of the multitudes of overlapping fluid caste and tribal groups found across India based on the Brahmanical varna system intensified through the census from 1901-

1931. However, this entailed grafting was an orientalist construction upon intricately

interdependent, locally divergent communities connected more by shared customs, occupations, and cultural practices rather than strict endogamous status hierarchies (Samarendra). The collection of data on caste was collected until 1941 census. However, in 1941, even though the caste based data was collected but it wasn’t published. M W M Yeats, the then Census Commissioner, said that “There would have been no all India caste table... The time is past for this enormous and costly table as part of the central undertaking... ” This statement was made during the second world war (Yadav). DISCONTINUATION OF CASTE CENSUS AFTER INDEPENDENCE After gaining Independence, India had to undergo its first census in 1951. The leaders of Independent India decided not to enumerate the caste based data in its decennial census.

The decision to discontinue caste enumeration after independence from the 1951 census onwards was attributed to three key factors. In line with the vision for an egalitarian and casteless society, the new nation wanted to move away from classification based on caste. Counting caste groups was seen as antithetical to this vision. The caste classifications created in the colonial census were seen as problematic and unscientific. Instead of capturing the ground realities of fluid caste identities, the classifications had frozen and reified certain categories. Classification of communities as upper or lower caste was also resented as there was no unanimous public consensus on the relative ranking of different castes (Samarendra). After gaining independence, the Census Act 1948, which was the first legislation to govern the census was introduced.

The Census Act provides the legal framework for the conduct of the decennial population census in India by the union government only (India). This nationwide exercise collects and compiles demographic, social, and economic data of the country's population. It is important to note that through the introduction of this act the census in independent India saw the discontinuation of caste enumeration barring the exceptions of Scheduled Castes and Scheduled Tribes. From around 6. 5 million people in 1871, the coverage expanded to over a billion people by 2011 through universal enumeration carried out once every 10 years. Both de facto and de jure counts were recorded in the Indian Census. Handheld electronic devices, biometrics, online self-enumeration, and remote transmission capabilities mark the technology transition. Post-enumeration surveys assess data quality.

In addition to population and demographic attributes, the houses, households, and assets are listed in detail. Socio-economic and migration data is also collected. However, following the Indian government granting reservation of 27% to the OBCs in the early 1990s based on the recommendation of Mandal Commission which had estimated the OBC population to be 52% the debate regarding conducting a nationwide caste census emerged. This emergence of the debate on caste census was mainly due to belief that the Mandal commission recommendation doesn’t ensure the proportionate representations of the people from the Other Backward Classes community. (Ram B. Bhagat) SOCIOECONOMIC ROLE OF CASTE IDENTITIES IN INDIA The caste system has been an enduring pillar of Indian society for centuries, assigning individuals to hereditary social groups based primarily on birth and traditional occupation.

One’s position in India’s caste hierarchy continues to play an outsized role in shaping access to resources, socioeconomic mobility, and participation in public life. The upper-caste elite occupy the majority of positions of power and privilege, while marginalized communities like Dalits remain socioeconomically disadvantaged. Periodic assessments of the socioeconomic conditions linked to caste identity are needed to diagnose persistent group inequities and tailor programs to uplift deprived communities. This chapter analyses the patterns of socioeconomic stratification tied to caste identities in contemporary India to demonstrate the necessity and relevance of conducting an exclusive caste census. Rooted in the ancient Hindu Varna categorization, the origins of the caste system are traced back over 3,000 years.

The Varna ideal arranges Hindus into four groups – Brahmins (priests and scholars), Kshatriyas (rulers and warriors), Vaishyas (traders and merchants), and Shudras (laborers and service providers). A fifth category is ascribed to Dalits or “outcastes” considered “untouchables” within the orthodox system (Shah and et. ). The social practice of “untouchability” barred lower castes from sharing resources and spaces with upper castes. Though outlawed since independence, caste ranking and exclusion continue to some degree even now (Shah et al. 43). Relatedly, caste continues to determine access to quality education, a key vehicle for upward mobility. Due to entrenched discrimination in learning spaces combined with economic constraints, backward castes significantly lag behind upper-caste Hindus.

Such disparities in human capital acquisition translate to future income inequality and high concentrations of upper castes in coveted private sector white-collar jobs (Deshpande and Ramachandran). Furthermore, traditional occupations tied to caste status have not been erased, though some shifts are occurring. For instance, most of the manual scavengers hail from marginalized Dalit backgrounds (Singh). The civil bureaucracy also continues to be dominated by upper castes, with maximum secretaries belonging to either upper castes with no OBCs as of 2019 (Gupta). The above patterns underscore how ascribed caste status in India continues to determine standards of living, social status, economic security, and channels of mobility in overt and subtle ways despite universal policies.

Indeed, official data on development indicators – whether health, employment, or housing – are rarely disaggregated by caste identities. This hampers the diagnosis of specific challenges facing marginalized caste groups and the formulation of targeted interventions (Deshpande and Ramachandran). Crucially, courts have repeatedly pulled up the central government since 2011 asking for reasons for not conducting a dedicated country-wide caste census alongside the normal decadal census to ascertain the population figures of various marginalized groups for adequate policy delivery (Sampath). It is also important to understand that even though the decennial census in India collects data from the scheduled castes category. The Scheduled Caste category in India is limited to disadvantaged castes from Hindu, Sikh and Buddhist communities.

Though Muslims and Christians also have a number of castes considered socially backward, they remain excluded from reservations and welfare schemes under the Scheduled Caste quota. Without state recognition, these marginalized Muslim and Christian groups lack opportunities to progress educationally and economically (Paliath). A caste census would help ascertain their numbers and the extent of their backwardness. At present, lack of enumeration leads to backward Muslim and Christian castes remaining invisible in policy decisions. Undertaking a caste census, therefore, is an essential first step to understanding their socio-economic status and constituting well-informed policies for their upliftment. It will strengthen the country socially and economically.

Therefore, the caste system remains firmly entrenched in Indian society, delimiting socioeconomic outcomes for communities based on ascribed status (Rao). A dedicated census quantifying caste demographics and stratification is imperative to redirecting public resources toward inclusive development. As Desai and Dubey conclude, “In the absence of reliable and representative data on the socio-economic status defined by caste, it is neither possible to implement effective policies aimed at the disadvantaged groups nor to assess how these groups are faring over time” (Desai and Dubey).

CASTING

SHADOWS: ENUMERATING CASTE IN CENSUS AND ITS IMPLICATIONS FOR ACTIONABLE POLICIES The inclusion or exclusion of caste in the census of India has been a contested issue since colonial times. While the British colonial administrators saw eliciting caste details as necessary for governance through ethnographic surveys and census enumerations, the post-colonial Indian state has alternated between including and excluding caste, ostensibly aiming for a casteless society (Choragudi et al. ). This chapter analyses the conceptual issues and the current debate on counting caste in census and its implications for formulating actionable policies. CONCEPTUAL ISSUES To begin with, the English word “caste” does not adequately capture the fluid indigenous social identities of varna and jati (Samarendra).

As such, “caste data from the census has been accused of not only forming identities of people but even freezing them” (Choragudi et al. 55). There are also disagreements about whether caste hierarchy is universally accepted, with Dumont's “book view” being contested by empirical “field views” (Gupta 1). Internally too, caste boundaries are blurred, making unambiguous aggregation difficult. These conceptual difficulties have impacted the reliability of census data on caste. There can be instances of people misreporting their caste identity for social or political reasons. Post-independence, a similar “context of caste reservations had created problems of reliability in the 1981 census data” with tribal status being claimed for political opportunity (Choragudi et al. ). Such data inaccuracies can increase social tensions and lead to violence.

As groups lobby enumerators do misreport their caste labels for “symbolic or ritual value”, the “instrumental significance” of caste status incentivizes identity negotiations. The resulting data would be of doubtful validity and policy utility. Aggregation beyond the “localized natural economy” will be especially problematic, causing “distortions that are inevitable” (Jayaram 79-80). Inter-faith marriages and offspring also complicate singular caste identities. It can increase caste consciousness and might increase divisions (Japhet and Gowda 16-17). Even the union government in an affidavit filed before the Supreme Court stated that it has dismissed conducting a Socio-Economic Caste Census (SECC) beyond the existing Scheduled Castes and Scheduled Tribes enumeration. The union government contends that a broader caste census is "administratively difficult and cumbersome.

" Further, it states that it is a policy decision to not undertake such a caste census, which cannot be interfered by the judiciary. The union government in its affidavit gave the rationale regarding why attempting a nationwide caste census is seen as impractical and not administratively viable given on-ground realities in India. It highlighted challenges around methodology, accuracy, reliability as well as questions around the appropriateness and utility of the data collected through such an extensive exercise (Sampath). CASTE CENSUS AND POLICY MAKING Recently, Bihar became the first state in India to carry out a successful caste-based census. In October 2023, the government of Bihar published the results of its caste-based survey conducted across the state. This survey enumerated and categorized different caste groups in Bihar along with collecting socio-economic information.

As per the report, 63% of Bihar's 13 crore population was found to belong to the broad categories of Other Backward Classes (OBCs). This makes these deprived caste groups the single largest segment of Bihar's population based on caste. “This caste census was done in a two-phase counting exercise which was completed in August 2023 involving around 2. 64 lakh enumerators documenting details of 29 million registered households. All 214 castes mentioned in the survey form were allotted different individual codes and the survey was segmented into 17 points, to find out the socioeconomic profile of the population. The OBCs, EBCs, SCs, and STs make up 85% of the total population in the State. ” (Tewary). Based on the caste census data, the Bihar government introduced two new legislations which have resulted in increasing the total reservation to 75%.

Based on the census data, the reservation increased by the following amounts: “from 12% to 15% for other backward classes (OBCs), from 18% to 25% for extremely backward classes (EBCs), from 16% to 20% for Scheduled Castes and from 1% to 2% for Scheduled Tribes”. (Gazette). The caste census of Bihar was also challenged before the Patna high court in the case titled “Youth for Equality v. State of Bihar, MANU/BH/0890/2023”, in its ruling the Patna high court upheld the caste census exercise for the purpose of uplifting backward communities. The court held that the state has the power to conduct such a census to identify backward classes and enable targeted affirmative action policies.

The court also ruled that the collection of empirical data on caste does not violate privacy and meets objectives in fair and reasonable manner with least intrusion into privacy, passing the test of proportionality. However, in Youth for Equality v. State of Bihar, SLP(C) No. 16970/2023 the same has been challenged before the supreme court which is pending adjudication (“Validity of the Bihar Caste Census”).

Bihar caste data and the effective policy-making based on the data reflect how the heterogeneity among jatis is crucial to understanding India's complex caste structure and the unique set of upward mobility pathways available to each one. Hence, gathering granular jati data using a comprehensive caste enumeration can result in effective policy-making. The recent completion of a caste census in Bihar and the policies formulated based on its findings have brought renewed attention to the importance of surveying caste demographics across India. Such comprehensive data on the caste composition can be pivotal in enabling fair representation and pushing for policy making that promote social equality. Welfare schemes and affirmative action programs informed by detailed caste statistics can help bridge longstanding economic divides faced by oppressed groups.

By highlighting the distinct forms of marginalization affecting various communities through concrete data, policy makers can tailor nuanced and practical strategies to uplift those disadvantaged by caste hierarchies. However, the sensitive data gleaned from such an exercise must be managed prudently. The real test lies in ensuring these caste statistics are not misused to aggravate existing social rifts and tensions for short-term political mileage. The underlying purpose should never be to splinter society or dilute the idea of inclusive political representation that gives voice to people of all identities. Politics around affirmative action and managing diversity must have annihilating caste-based discrimination as its overarching goal, rather than entrench divisions for electoral advantage.

While acknowledging the prevailing influence of caste through numerical data is needed, this must feed into policies that undermine caste hierarchy to achieve equality across communities, without exacerbating conflicts.

CONCLUSION

In India, the complex interplay of caste identities and socioeconomic outcomes necessitates updated official data on the demographic spread and deprivation levels of marginalized groups. However, the discontinuation of caste enumeration in the census after independence and the lack of disaggregated data across welfare schemes has severely constrained the diagnosis of caste-based inequities and evidence-based policy targeting. The entire nation is due to undergo a census after 2011. The recent successful conduct of a granular caste census in Bihar enumerating over 200 caste categories has provided a template for the nationwide enumeration of caste data in the annual census.

Based on the Bihar census findings revealing OBCs and EBCs as the largest deprived groups, the state government introduced legislation hiking reservation quotas for marginalized castes proportional to their updated population share. This showcases the kind of progressive policy impacts enabled by contemporary data on the ground reality of caste demographics and economic conditions. Extrapolating key learnings from Bihar caste census in terms of administrative preparedness, data quality assurance, and dynamic policy linkages would be crucial in undertaking an effective caste census across India. Investing in public dialogue and political consensus building would also be vital for preventing misuse of findings. Overall, an inclusive caste census tied to proportionate affirmative action has the potential to foster social justice.

However, the approach must balance multiple aspects - the rationale and means of enumeration as well as the objectives and mechanisms for utilizing the statistical outcomes on caste. Getting these right would shape how ethnographic data translates to dismantling enduring caste inequities through actionable public policy rather than cementing divisions.

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