New Delhi, March 24 The Supreme Court on Tuesday dismissed a public interest litigation (PIL) seeking directions to include the Denotified Nomadic Tribes (DNTs) as a distinct category in the upcoming national census.
Observing that such classifications fall within the domain of government policy and “are not justiciable,” a bench comprising Chief Justice Surya Kant and Justice Joymalya Bagchi disposed of the petition and permitted the petitioner, Dakxinkumar Bajrange, to make a representation to the registrar general and census commissioner of India.
The PIL sought a mandate for the census commissioner to ensure that members of denotified nomadic tribes are specifically identified during the population enumeration of the census.
Senior advocate Siddharth Dave, appearing for the petitioner, said the plea was not seeking Scheduled Tribe (ST) status, but rather statistical visibility.
"Since the (Criminal Tribes) Act is no longer in effect, there must be a way to ensure that these groups are included in the census," Dave said.
The CJI questioned the intent of the litigation, saying "We are a unique country. Instead of creating a classless society, we are now creating more classes."
He said that if an inquiry is made, the source of the PIL can be traced, and it may be influenced by individuals from outside the country.
"These are very calculated moves... not innocuous things before us. This plea is a very deep-rooted attempt to divide society. These are not coming from India, and if we conduct an inquiry, we will see where they are coming from," the CJI said.
Justice Bagchi said that the census is a matter for experts.
"This is an expert policy decision. We need to see what classification the government makes for us," the judge said.
The bench said that the petitioner had submitted a representation to the authorities only a month prior to approaching the court.
"In our considered opinion, classification or sub-classification during the enumeration process essentially falls within the policy domain, for which a decision has to be taken by the competent authority. It is not a justiciable issue," the bench said.
While refusing to entertain the PIL, the bench disposed of it by granting the petitioners the liberty to pursue their grievances before the appropriate government authorities.