SC gives UGC six weeks to notify anti-discrimination regulations

The Supreme Court on Friday directed the University Grants Commission (UGC) to notify within six weeks new regulations to combat caste-based discrimination and suicides in higher education institutions, clarifying that the fresh norms cannot be a mere “ream of white paper” but must be effective.

Stressing the critical nature of the issue, a bench comprising justices Surya Kant and Ujjal Bhuyan emphasised that these regulations must be more than symbolic gestures, asserting that the court would scrutinise their practical effectiveness.

“This is a sensitive issue, and we must find an effective solution,” observed the bench, pulling up UGC for not being able to finalise the regulations since 2023 when it started drafting the new norms.

“The counsel for UGC informs this court that pursuant to recommendations of a committee, a set of new regulations have been drafted. Let UGC notify the regulations and adduce them before this court for our consideration,” ordered the bench.

The directive came during the hearing of a petition filed by Radhika Vemula and Abeda Salim Tadvi, mothers of Rohith Vemula and Payal Tadvi, who died by suicide in 2016 due to alleged caste discrimination. The 2019 petition urged the court to enforce robust anti-discrimination mechanisms across higher education institutions, citing failures in the implementation of UGC’s 2012 equity regulations.

Senior advocate Indira Jaising, representing the petitioners, highlighted the lack of Equal Opportunity Cells (EOCs) in universities despite their mandatory establishment under UGC guidelines. “Out of 820 universities, many have provided vague responses like ‘not applicable’ regarding their receipt of complaints. There is no concrete data available,” said Jaising, adding that UGC has failed to enforce compliance.

She further pointed to alarming statistics -- 115 suicides in premier institutes like IITs over the past two decades, predominantly involving students from marginalised communities.

Responding, the court said that it acknowledges the “sensitivity” of the matter and was aware that the parents who have lost their children were before it. The court expressed its intent to periodically monitor the issue, requiring comprehensive data from UGC, the Centre and state universities.

“We need to ensure that these regulations are translated into reality,” remarked the bench, while instructing UGC to collect detailed information on the functioning of EOCs, complaints received, and the action taken by universities under the 2012 guidelines.

The court also sought input from the National Assessment and Accreditation Council (NAAC) and the Union government to ensure an effective framework. It said that the office of solicitor general Tushar Mehta be informed about the matter to enable the law officer to revert with suitable instructions.

When UGC’s counsel informed the court that new regulations were in the drafting stage, the bench criticised the delay, noting that the process had begun in 2023 but had not yet been finalised.

“This is a sensitive issue. You must take concrete action. We want to ensure these regulations are effective...You started in 2023 but haven’t finalised them. You must take concrete action now. How long can this go on? We are passing an order now and you notify them.”

The petition stems from the tragic deaths of Rohith Vemula, a PhD scholar from Hyderabad Central University, and Payal Tadvi, an Adivasi medical student at TN Topiwala National Medical College in Mumbai. Vemula died by suicide in January 2016, and Tadvi in May 2016, both reportedly after enduring caste-based harassment. Their mothers have since been advocating for systemic reforms to prevent such incidents.

Their petition urged the Supreme Court to ensure the establishment of anti-discrimination committees in all universities, comprising representatives from SC/ST communities, independent social activists, and NGOs to guarantee transparency and fairness. They also demanded that universities publicise their anti-discrimination measures and compliance details on their websites.

Also Read: SC seeks Centre’s response on caste discrimination in educational institutions

According to the petition, caste-based discrimination remains pervasive in higher education institutions, often leading to severe psychological distress among students. Despite the UGC’s equity regulations, many universities have either denied receiving complaints of caste discrimination or failed to provide data on their internal complaints mechanisms.

The petition also sought punitive measures against institutions breaching anti-discrimination norms and a broader outreach to promote awareness about caste equity regulations among students and stakeholders.