Supreme Court Refuses Separate Census Count for DNT Communities, Calls Issue a Policy Matter
Overview
The Supreme Court on 24 March 2026 rejected a writ petition that demanded a distinct enumeration of DNT communities in the upcoming Census 2027. The bench, comprising Chief Justice of India Surya Kant and Justice Joymalya Bagchi, held that the matter falls within the domain of executive policy, not judicial review. Petitioners were, however, permitted to pursue the issue before the relevant government authorities.
Key Developments
- The petition, filed by DNT leader Dakxinkumar Bajrange and others, argued that DNTs – estimated at 10‑12 crore – have been omitted from post‑Independence censuses, hindering access to welfare schemes.
- Senior Advocate Siddharth Dave cited committee reports (Renke Commission, Idate Commission) urging separate enumeration and pointed out that the last dedicated count occurred in the 1913 census.
- The Court observed that adding a new category is a "policy decision" and not justiciable, directing petitioners to approach the Union government.
- The bench warned that attempts to create new classifications could "divide society" and hinted at external influences behind such demands.
Important Facts
• The Criminal Tribes Act criminalised many nomadic groups, a stigma that survived even after its repeal.
• Post‑Independence, some DNT groups were absorbed into Scheduled Castes (SC), Scheduled Tribes (ST) or Other Backward Classes (OBC), while many remained unclassified, causing uneven access to affirmative action.
• The Renke Commission and the Idate Commission both highlighted severe marginalisation and called for dedicated data collection.
Exam Relevance
Understanding the DNT issue touches upon multiple GS papers:
• GS2 – Polity & Governance: the constitutional principle of equality, the role of the judiciary in policy matters, and the functioning of commissions.
• GS1 – History: legacy of the Criminal Tribes Act and its impact on marginalised communities.
• GS3 – Demography & Social Justice: importance of accurate census data for targeted welfare schemes and affirmative action.
Way Forward
• Petitioners should file a representation with the Ministry of Social Justice and the Office of the Registrar General to seek a formal amendment in the census questionnaire.
• The Union government may consider a pilot enumeration of DNTs in the 2027 Census, drawing on recommendations of the Renke and Idate Commissions.
• Civil society and scholars should continue to document the socio‑economic conditions of DNTs to build a robust evidence base for policy advocacy.
While the judiciary has stepped back, the onus now lies on the executive to address the data gap, which is crucial for realising constitutional guarantees of equality and social justice for DNT communities.
