'Caste data in census won't need legal changes under current framework'

The over 70-year-old Census Act will not require changes to allow enumerators carrying out census exercise to seek details of caste from the population, officials said.

They said the 1948 law, which was last amended in 1994, authorises the central government to seek details from the populace as may be mentioned in the form.

All castes were enumerated during census exercises carried out in British India between 1881 and 1931. But at the time of the first census of independent India in 1951, the then government decided not to count castes any more except for scheduled castes and tribes.

A decade later in 1961, the central government asked states to conduct their own surveys and prepare state-specific lists of OBCs if they wished so. 

Over six decades later now and after demands from several quarters and various parties, the government decided last month to include caste enumeration in the next nationwide census.

Citing section 8 of the law, officials pointed out that a census officer "may ask all such questions" as "he may be directed to ask".

Every person of whom any question is asked will be legally bound to answer such question to the best of his knowledge or belief.

But no person will be bound to state the name of any female member of his household, and no woman will be bound to state the name of her husband or deceased husband or of any other person whose name she is forbidden by custom to mention.

The officials also underlined that the details shared by the population with the census officers cannot be used against anyone and is confidential.

The census exercise was to commence in April 2020 but got delayed due to the Covid pandemic.