Salient Features of Census Act 1948

For the success of an operation of such magnitude and importance as the Population Census, it needs necessary backing of a legislation by parliament, so that the Census Organisation is armed with necessary authority to have access to households and canvass the prescribed questionnaires and to expect the people to answer truthfully. The law should also protect the interests of the people by guaranteeing the secrecy of the information collected.

• Most countries have permanent Census law requiring periodic censuses to be taken in accordance with a scheme to be notified from time to time.
• If in any country no such permanent law exists, suitable ad-hoc legislative approval should be obtained before launching on a census operation.
• India also has a permanent legislation viz the Census Act of India 1948. This act empowers Central Government to notify the date for the census and to appoint a Census Commissioner and Superintendents of Census Operations in States.
• The Act enjoins upon every citizen to assist in the taking of census.

The Act lays down that services of any citizen can be requisitioned for census work and takes obligatory on every person occupying a house, enclosure etc. to allow access to census officers, and to allow them to paint on or affix to the place such letters, marks or numbers as may be necessary for census purposes.

Obligations of Citizens under Census Act 1948

• The law makes it obligatory on the part of every citizen to answer the census question truthfully.
• The Act provides penalties for giving false answer or not giving answers at all to the census questionnaire.

Obligations of census officers under Census Act 1948

• The law calls upon the census officers to discharge their duties faithfully and warns them against putting any question to a person which is not covered by the questionnaire and they are required to record the answers as given by the person enumerated.

Secrecy of Information

• One of the most important provision of the Census Act 1948 is that it makes provisions for the maintenance of secrecy of the information collected at the census of each individual.
• The Act requires strict secrecy to be maintained about the individual’s record which should not be used for any purpose against the individual except for an offence in connection with the census itself.
• The census records are not open to inspection and also not admissible in evidence. The answers ascertained at the census can be used only for statistical purposes in which the individual data get submerged.

Universal Coverage

• In organising a Population Census the primary objective to be achieved is to ensure coverage of the entire area in a great territory, without ommission or overlapping.
• Therefore, a fundamental task in preparing for a census involves the location of every local area and building up of a suitable organisation to adequately cover it.

Services of Teachers in census: Legal background

Section 27 of The Right of Children to Free and Compulsory Primary Education Act, 2009 reads as follows : “No teacher shall be deployed for any non-educational purpose other than the decennial population Census, disaster relief duties or duties relating to elections to the local authority or the State Legislatures or Parliament, as the case may be.” This Act overrides all the existing judgments, whatsoever, on the subject matter of appointment of teachers for performing Census related duties. In view of the above it is clear that the services of teachers  can be used for works of national importance like Census.

Is a wife bound to name her husband, if asked to do so by an enumerator, even if she is forbidden by customs?

As per provisions of Census Act 1948:

8 (1) A Census officer may ask all such questions of all persons within the limits of the local area for which he is appointed as, by instructions issued in this behalf by the Central Government and published in the Official Gazette, he may be directed to ask.

(2) Every person of whom any question is asked under sub-section (1) shall be legally bound to answer such question to the best of his knowledge or belief :

Provided that no person shall be bound to state the name of any female member of his household, and no woman shall be bound to state the name of her husband or deceased husband or of any other person whose name she is forbidden by custom to mention.

Can records of census be used as evidence?

No person shall have a right to inspect any book, register or record made by a Census officer in the discharge of his duty as such, or any schedule delivered under section 10, and notwithstanding anything to the contrary in the Indian Evidence Act, 1872, no entry in any such book, register, record or schedule shall be admissible as evidence in any civil proceeding whatsoever or in any criminal proceeding other than a prosecution under this Act or any other law for any act or omission which constitutes an offence under this Act.