The police-initiated "Census" in Kashmir, aimed at gathering personal data, including information on foreign visits and suspected ties to militant groups, has sparked concerns regarding its legality, potential misuse, and constitutionality.
While the rest of India postponed its national census due to the COVID-19 pandemic in 2021 and subsequent general elections, Jammu and Kashmir proceeded with its census drive, prompting questions about its legality and purpose.
According to the Indian Census Act, only the Registrar General of India and the Census Commissioner are authorised to conduct a census.
The Act explicitly prohibits other entities, including state governments or private organisations, from conducting censuses independently. Moreover, the Act ensures the confidentiality of respondents' information and prohibits its use as evidence in court.
Legal experts have criticised the involvement of the Jammu and Kashmir Police in this census, citing contradictions with the existing legal framework. Although amended census rules permit researchers access to micro-data, they mandate anonymisation and restrictions on the use of sensitive personal information, requirements that the police-led census appears to violate.
Residents in the Kashmir Valley have reported police officers visiting households, distributing forms, and soliciting personal information. The forms request detailed data about family members, including those residing outside the region, along with their ages, contact details, Aadhar numbers, vehicle registrations, information on installed CCTV cameras, and inquiries about potential ties to militant activities.
The lack of transparency surrounding the operation has left many residents unsettled, with concerns about its purpose and authorisation. The intrusive nature of the questions and invasion of privacy have deeply unnerved residents.
The government has defended the "Census 2024," arguing it aims to minimise property damage and protect residents in security incidents or law and order situations. Officials claim the data collected will assist security forces in obtaining accurate information and complementing completed army exercises.
The police assert the operation will facilitate services such as passport verification. Police officials describe the operation as a routine "census" conducted "every four years," pointing to the similar surveys that have occurred since 2019, now being systematically organised due to increased targeted killings.
This isn't the first time such data collection has caused concern. A similar "census" form distributed in Srinagar last year led to allegations of political profiling by security agencies.
Earlier, residents in Jammu resisted a similar effort by officials from a private agency, highlighting the sensitivity of data collection. During the 1990s militancy peak, the army and Border Security Force conducted door-to-door surveys to monitor militant groups. Since 2019, the security apparatus has compiled databases of journalists, academics, and activists.
Data protection experts and civil rights activists have criticised the "Census 2024" as an unconstitutional expansion of police powers and the creation of a surveillance state. As debates continue, residents remain concerned about the motives behind this operation.
The Census Act of 1948 clearly outlines procedures for a census. No gazette notification has been issued for the Jammu and Kashmir operation, and no officers, particularly police officers, have been nominated as Census Officers.
The last census in Jammu and Kashmir was in 2011, and administrative boundary changes, a critical step preceding a census, are ongoing. Political leaders have urged transparency regarding the police-led "Census" in Jammu and Kashmir. Senior Communist Party of India (Marxist) leader MY Tarigami and Peoples Democratic Party (PDP) leader Mehbooba Mufti expressed concerns, describing the initiative as intrusive and a direct assault on Kashmiris' rights and identity. Previous data collection efforts have faced criticism, including accusations of political profiling and racial discrimination.
