New Delhi, March 24, 2026: The Supreme Court on Tuesday declined to entertain a writ petition seeking specific enumeration of Denotified, Nomadic, and Semi-Nomadic Tribes (DNTs/NTs/SNTs) in the upcoming 2027 Census, observing that India should strive for a casteless society rather than create more classifications that divide society.
A bench headed by Chief Justice of India Surya Kant and comprising Justice Joymalya Bagchi disposed of the petition filed by Dakxinkumar Bajrange, a DNT community leader from Gujarat, and others. The court held that the issue of classification or sub-classification in the census enumeration process falls within the policy domain of the executive and is not a justiciable matter for judicial intervention.
The judges granted liberty to the petitioners to approach the competent executive authorities with a representation.
During the hearing, CJI Surya Kant remarked, “India is a very unique country; instead of developing a casteless society, we want to create more and more classifications.” He further observed that such demands appeared to be “very calculated moves” and a “deep-rooted move to divide the society,” adding that “these agencies are not from within India” if an enquiry were conducted.
The petition (W.P.(C) No. 334/2026) sought directions to the Office of the Registrar General and Census Commissioner to include a specific question on DNT communities in both the houselisting and population enumeration phases of the 2027 Census. Currently, the forms reportedly provide options only for Scheduled Castes (SC), Scheduled Tribes (ST), and “Others.”
# Background and Arguments
DNT communities, historically notified as “criminal tribes” under the colonial Criminal Tribes Act, 1871, were subjected to surveillance, restrictions, and stigma. The Act was repealed after Independence, but the communities continue to face socio-economic marginalisation. Estimates suggest they number around 10-12 crore people across India, though they have not been separately enumerated in any post-Independence census—the last such count dates back to 1913.
Senior Advocate Siddharth Dave, appearing for the petitioners, highlighted the historic injustice and pointed to recommendations from official committees, including the Renke Commission (2008) and the Idate Commission (2017), which identified over 1,200 DNT communities (with some 269 still unclassified) and called for separate enumeration to enable targeted welfare measures. Some DNT groups are included in SC, ST, or OBC lists (with variations across states), while others remain outside, leading to inconsistent access to benefits.
The petitioners argued that accurate data is essential for designing effective affirmative action policies, ensuring constitutional guarantees of equality and social justice, and removing the persistent stigma.
# Court's Stance
The bench, however, viewed the demand as a policy decision best left to the Union Government. “In our considered opinion, the classification/sub-classification sought by the petitioners in the enumeration process 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,” the court stated while disposing of the matter.
The 2027 Census, delayed from its original schedule due to the COVID-19 pandemic, is expected to include caste enumeration for the first time since 1931, but the exact format remains a matter of executive policy.
DNT leaders have long advocated for distinct counting to address their unique vulnerabilities, arguing that lumping them into broader categories dilutes targeted interventions. The Supreme Court’s observations underscore a broader judicial caution against measures perceived to entrench identity-based divisions at a time when the constitutional vision of a casteless and classless society is emphasised.
The petitioners can now pursue the matter administratively with the government. The decision comes amid ongoing national debates on caste data in the census and its implications for social policy.
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