The Karnataka High Court has given its nod for the continuation of the Social and Educational Survey-2025 but not without laying down several critical conditions. On Thursday, the court mandated that the Karnataka State Commission for Backward Classes must issue a public notification clearly stating that “participation in this survey is entirely voluntary, and no individual is obligated to disclose any of the requested information.”
Furthermore, the court instructed the commission to ensure that enumerators explicitly inform all participants, right from the outset, that there is no compulsion to provide any information before proceeding with any queries.
No Coercion or Persuasion
The court firmly stated that if any individual chooses not to participate in the survey, the enumerators are forbidden from taking any further steps to persuade, cajole, or compel them to explain their decision not to partake.
This interim order was issued by a Division Bench, comprising Chief Justice Vibhu Bakhru and Justice C.M. Joshi, while hearing a series of petitions. These petitions were filed by various groups, including the Vokkaligara Sangha, the Akhila Karnataka Brahmana Mahasabha, and members of the Veerashaiva Lingayat Mahasabha, among others. The petitioners challenged the State government’s and the commission’s legal authority to conduct such a survey.
Strict Confidentiality Mandate
Additionally, the Bench directed the commission to submit an affidavit within one working day. This affidavit must detail the measures being taken to guarantee that all collected data remains strictly confidential and inaccessible to any person or entity, including the State government, other than the commission itself.
The petitioners had controversially labeled the survey as nothing short of a “caste census” conducted by the State government through the commission, arguing that the State lacks the legal power to conduct a census. They also raised concerns that the collection of Aadhaar and other personal data infringes upon individuals’ right to privacy.
In response, during a previous hearing, the commission had assured the court that participation in the survey would be voluntary and that it would implement all necessary safeguards to protect the privacy and confidentiality of the collected data.