'Instead Of Having Casteless Society, We're Dividing Society' : Supreme Court On Plea For Enumeration Of DNT Tribes In Census

The Supreme Court on Tuesday refused to entertain a writ petition seeking a distinct enumeration of the Denotified, Nomadic and Semi-nomadic Tribe (DNT) communities in the 2027 census.Observing that the matter was a policy decision and was not a justiciable issue, the Court disposed of the matter, while giving liberty to the petitioner to file a representation before the concerned authorities.A bench comprising Chief Justice of India Surya Kant and Justice Joymalya Bagchi was hearing a petition filed by Dakxinkumar Bajrange, a DNT community leader, and others.Senior Advocate Siddharth Dave, appearing for the petitioners, submitted that these communities suffered historic injustice as they were criminalised by the British, and they are seeking a separate classification in the Census, so that they can be distinctly identified.Dave said that in the enumeration form, there are only the categories, SC, ST and Others. There should be. an option to mark these communities as people from the denotified tribes, he argued, saying, "so that at least there is a population number that comes."Dave also told the Court that there are committee reports recommending the separate enumeration of the DNT. The last time the DNT communities were enumerated was in the census of 1913.The bench however said that it was a matter within the domain of expert policy decision. The CJI also said, "India is a very unique country; instead of developing a casteless society, we want to create more and more classifications."Dave argued that even the Ministry of Social Justice itself is of the view that there should be enumeration of DNTs. He claimed that the Government is not averse to this idea, but due to some oversight, the enumeration form skipped a reference to them.CJI then said, "These are very calculated moves. These are not ordinary and innocent claims that suddenly appear before us.""This is a very deep-rooted move to divide the society, these agencies are not from within India. If we hold an enquiry, we will find out from where they are routed," CJI added.The bench, observing that it was not a justiciable issue, disposed of the matter, allowing the petitioners to pursue the cause before the executive authorities :"In our considered opinion, the classification/ sub-classification sought by the petitioners in the enumeration process is essentially falls in the policy domain, for which the decision has to be taken by the competent authority in the Union of India. It is not a justiciable issue. We deem it appropriate to dispose of the writ petition, with liberty to the petitioners to pursue the matter before the competent authorities."Details of the petition :The petition states that DNT communities, estimated to comprise about 10 to 12 crore people in India, have never been separately counted in any Census conducted after Independence, despite repeated recommendations from government commissions and expert bodies. According to the petitioners, the absence of reliable population data has prevented these communities from effectively accessing welfare schemes and affirmative action measures intended for their socio-economic development.The petition traces the historical marginalisation of DNT communities to the colonial-era Criminal Tribes Act, 1871, which labelled entire communities as hereditary criminals and subjected them to surveillance and restrictions on livelihood. Although the law was repealed after Independence, the stigma and socio-economic disadvantages faced by these communities have persisted. Over time, some DNT groups were included in the Scheduled Castes, Scheduled Tribes or Other Backward Classes lists, while others remained unclassified. The classification of these communities continues to vary across States, leading to inconsistencies in legal recognition and access to welfare benefits.Several commissions, including the Renke Commission (2008) and the Idate Commission (2017), highlighted the severe marginalisation of DNT communities and recommended their separate enumeration in the Census. The Idate Commission identified around 1,200 such communities, including 269 that remain unclassified. Despite these recommendations, the petition notes that no clear mechanism has been announced by the government to ensure their enumeration in the forthcoming Census, even though caste enumeration has been approved.The petition further argues that proper enumeration is essential for designing targeted welfare policies, implementing schemes effectively, and ensuring equal protection under the Constitution. It states that without accurate data, policies meant for DNT communities risk being ineffective or administratively unworkable. The petitioners contend that distinct enumeration would help realise the constitutional guarantees of equality, dignity and social justice by enabling the State to recognise the unique socio-economic conditions of these communities and formulate appropriate measures for their welfare and inclusion.The...

'Instead Of Having Casteless Society, We're Dividing Society' : Supreme Court On Plea For Enumeration Of DNT Tribes In Census

Debby Jain

The Court allowed the petitioners to pursue the cause before the executive authorities.

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