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Officials misleading Centre on Census Law: Dr V K Mohan Rao

Hyderabad, May 12 (UNI) Dr Vakulabharanam Krishna Mohan Rao, former Chairman of the Telangana Backward Classes Commission, has expressed serious concern over the legal handling of caste enumeration in the national census.

Calling it a landmark and historic step, he emphasised that implementing caste enumeration lawfully requires suitable amendments to the Census Act, 1948.

However, he alleged that instead of acknowledging this necessity, certain officials are misinterpreting the law and misleading the central government.

He cited the Delhi Laws Act case (1951), in which the Supreme Court ruled that executive actions cannot override legislative provisions, especially in areas not covered under existing law.

Dr Vakulabharanam also referred to the Socio-Economic and Caste Census (SECC) of 2011, stating that it led to a massive waste of Rs 4,893 crore and included over 46.73 lakh faulty entries, particularly in gotras and surnames.

He pointed out that the Panagariya Committee, formed to analyse the SECC data, did not submit any report. In 2021, the Union Government itself submitted an affidavit before the Supreme Court, admitting that the SECC data was unreliable for policy purposes.

He explained that while Scheduled Castes and Scheduled Tribes are enumerated under constitutional provisions, Backward Classes do not have such statutory recognition. As a result, amendments to the Census Act are unavoidable if BC enumeration is to be carried out in a legally valid manner.

Dr Vakulabharanam further warned that proceeding with caste enumeration without a proper legal framework could violate the fundamental right to privacy, as upheld in the Puttaswamy judgment of 2017.

Drawing comparisons with countries such as the United States, South Africa, and Brazil—where race and group-based enumeration is conducted under clear legal frameworks—he stressed that India must follow a similar constitutional and parliamentary approach, rather than resorting to executive shortcuts.
He reiterated that caste enumeration is not intended for political advantage but is vital to realising the constitutional goal of social justice, a statement said on Monday.
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