In what appears like a bid to proliferate the caste differences and divide the society for its political benefits, the party in power in Karnataka has launched a massive personal data collection exercise of the residents of Karnataka in the name of Karnataka State Commission for Backward Classes, Social and Educational Survey 2025.
The copy of the intended questionnaire is here.
The first thing we observe is that the form has no “Signature” of an individual whose data is being collected. Hence there is no consent.
Secondly the data collected is not for the benefit of the person whose data is being collected. The Commission namely The Karnataka State Commission for Backward classes is a body established under the Karnataka State Commission for Backward Classes Act 1995 to advise the State Government on issues related to Backward classes in Karnataka.
The preamble of the Bill identifies the reason for the Act as
i) To ensure their (ed: Backward classes of Citizens) social and economic development
ii)to examine requests for inclusion of any class of citizens as a backward class in the lists and hear complaints of over inclusion or under inclusion of any backward class in such lists
(iii) to make survey of the Social and Educational conditions and problems of the
citizens belonging to the Backward classes;
(iv) to supervise of the implementation of the various welfare schemes meant for the
Backward classes.
The act was amended in 1997 and 2014 but the objects remain as above. The Act came into force from 1.12.1997.
One of the functions designated under the Act is
” to conduct survey on social and educational status of the citizens of the State, to identify the classes of citizens who are socially and educationally backward and to recommend to State Government for necessary measures”
The Commission while performing its functions shall have the powers of a Civil Court trying a suit in particular
(a) summoning and enforcing the attendance of any person from any part of the State and examining him on oath;
(b) requiring the discovery and production of any document;
(c) receiving evidence on affidavits;
(d) requisitioning any public record or copy thereof from any court or office;
(e) issuing commissions for the examination of witnesses and documents; and
(f) any other matter which may be prescribed.
Currently Mr Madhusudan R Naik, former advocate general is the Chair person of the commission. Four new members have been appointed to the commission — former IGP K Arkesh from Channapatna, advocate Shivanna Gowda from Mysuru, Mangaluru-based assistant professor B Sumana, and CM Kundagol, a retired principal from Dharwad.
These changes were made in June 2025 by the Siddaramaiah Government in preparation for this survey.
It is clear that the exercise is not meant to benefit anybody other than designated Backward classes as on date.
Hence collecting the information from others is Ultra-vires the Act.
I donot know why the Non Backward Caste members have not objected to the conduct of this survey.
I urge public spirited lawyers to file a writ petition and raise an objection to this “Profiling of Citizens without authority” survey.
In my view this survey is ultra-vires the Backward Classes Act. It tries to collect sensitive personal information as per ITA 2000 without consent. It is also violative of the proposed DPDPA in respect of those who are not beneficiaries of any program of this Commission.
This requires a detailed judicial examination.
Naavi
