Census 2011 or the 15th National Census, a gigantic exercise to capture the socio-economic and cultural profile of India’s population, began on April 1, 2010. India undertakes this exercise every 10 years through the Office of the Registrar General and Census Commissioner in the Ministry of Home Affairs. The census documents details of a billion plus population on diverse subjects such as demography, literacy, fertility and mortality and provides primary data at village, town and ward level. The first census ever to take place in India was in 1872 and the last one was held in 2001. The Census of India Act, 1948 lays down the rules and regulations pertaining to conduct of a census. The Act makes it obligatory for the public to answer all the questions faithfully while guaranteeing the confidentiality of the information. The last census was held in 2001, which revealed that India’s population was about 1.03 billion. Statistical data related to literacy rate, sex-ratio, urban-rural distribution, religious composition, SC/ST population and so on were captured by Census 2001. Features of Census 2011 Census process: India uses the canvasser method for collecting census data. Under this method, the canvasser approaches every household and records the answer on the schedules himself after ascertaining the particulars from the head of the household or other knowledgeable persons in the household. The full detail of the methodology is available here. National Population Register (NPR): It would be a register or database of residents of the country. The government states that such a database would facilitate better targeting of the benefits and services under government schemes and programmes; improve planning and help strengthen the security of the country. The register is being created under the provisions of the Citizenship Act and Rules. NPR process: Basic details such as name, date of birth and sex shall be gathered by visiting each household of a resident of the country. A database shall be created with addition of biometric information such as photograph, 10 fingerprints and probably Iris information for all persons aged 15 years and above. The list shall be sent to the Unique Identity Authority of India (UIDAI) for de-duplication and issue of UID Numbers. The cleaned database along with the UID Number would form the National Population Register. There was a controversy over whether Census 2011 should capture caste data. Since India last collected caste data in 1931, proponents argued that up-to-date, reliable caste data was essential to target welfare schemes towards various backward castes. Opponents however contended that this would perpetuate the caste system. The government finally decided not to include caste as one of the parameters in the 2011 census. Table 1: Schedule of Census 2011
Schedule | State/UT |
April 1 | New Delhi (NDMC area), West Bengal, Assam, Andaman & Nicobar Islands, Goa, Meghalaya, Bihar, Jharkhand |
April 7 | Kerala, Lakshadweep, Orissa, Himachal Pradesh, Sikkim |
April 15 | Karnataka, Arunachal Pradesh, Chandigarh |
April 21 | Gujarat, Dadra & Nagar Haveli, Daman & Diu |
April 26 | Tripura, Andhra Pradesh |
May 1 | Haryana, Chhattisgarh, Delhi, Punjab, Uttaranchal, Maharashtra |
May 7 | Madhya Pradesh |
May 15 | J & K, Manipur, Mizoram, Rajasthan, Uttar Pradesh |
June 1 | Tamil Nadu, Puducherry, Nagaland |
In a recent case, the Supreme Court directed the appropriate government to enact a law by June 2011. The case, Gainda Ram & Ors. V. MCD and Ors.[1], concerned the legal framework for regulating hawking in Delhi. The judgement lays out the background to this case by stating that the regulation of hawking in Delhi had been proceeding under directions issued by the Supreme Court in previous cases, and was being implemented by municipal authorities such as the New Delhi Municipal Corporation (NDMC). The NDMC and the MCD have also framed schemes to regulate hawkers as per a policy of the government framed in 2004. However, since these schemes were not laid before Parliament, the Court held that these schemes cannot be called ‘law’ or drafted under the authority of any law. The Court also stated that there is an urgent need to enact a legislation to regulate hawking, and the rights of street vendors. It referred to a Bill which had been framed by the government, and stated that since the government has already taken the first step in the legislative process by drafting a Bill, the legislative process should be completed. On the basis of this, and other reasons, it directed the government to enact a law by June 2011. This judgement raises three issues:
[1] Decided on October 8, 2010