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Madras HC Bans Forced Caste Disclosure by Private Institutions and Employers in Tamil Nadu

The Madras High Court has ruled that private educational institutions and employers in Tamil Nadu cannot mandatorily collect caste details from individuals. The judgment emphasizes privacy and aims to prevent caste-based discrimination, but raises questions about the implementation of affirmative action policies in the private sector.

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The Madras High Court on Tuesday ruled that no private educational institution or employer in Tamil Nadu can mandatorily collect caste details from students or employees. The judgment, delivered by a division bench, held that such compulsory collection violates the right to privacy and could perpetuate caste-based discrimination. The court was hearing a batch of petitions challenging the practice of seeking caste information in private sector admissions and employment.

The bench observed that while the State may collect caste data for affirmative action, private entities have no legal mandate to do so. It noted that the Supreme Court's landmark privacy judgment in K.S. Puttaswamy v. Union of India (2017) protects caste information as part of informational privacy. The court also pointed out that Tamil Nadu already has a robust reservation system in government institutions, and extending mandatory caste collection to private bodies could lead to stigmatization. The ruling does not prohibit voluntary disclosure, but bars coercion.

The verdict is likely to have significant implications for private universities and companies that have historically collected caste data for diversity initiatives or government-mandated quotas. While civil liberties groups have welcomed the decision as a step against casteism, some social justice advocates worry it may hinder monitoring of caste-based discrimination in the private sector. The Tamil Nadu government is yet to respond, and legal experts anticipate appeals. The judgment underscores the ongoing tension between privacy rights and social justice measures in India.

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