Terming it as a sensitive issue, the Supreme Court Today (Jan 3) said it will devise an effective mechanism to combat caste-based discrimination in educational institutions in the country. A bench of Justices Surya Kant and Ujjal Bhuyan directed the University Grants Commission (UGC) to notify draft regulations to ensure no caste-based discrimination happened with students in the central, state, private and deemed universities.
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NEW DELHI: The Supreme Court of India today called caste-based discrimination in educational institutions a “sensitive issue” and pledged to create an effective mechanism to address the problem.
On Friday, a bench comprising Justices Surya Kant and Ujjal Bhuyan instructed the University Grants Commission (UGC) to take immediate steps to prevent caste-based discrimination across universities, including central, state, private, and deemed institutions.
UGC Asked to Draft Regulations
The Supreme Court directed the UGC to notify draft regulations aimed at curbing caste discrimination. The draft, known as “UGC equity regulations,” will ensure universities follow the UGC (Promotion of Equity in Higher Educational Institutions Regulations) 2012.
The bench highlighted the need to make the 2012 regulations a reality, stating:
“We are equally conscious of this sensitive issue. We will do something. We will have to find out some effective mechanism and modalities to see that the 2012 regulations are translated into reality.”
The court asked the UGC to submit detailed data on universities that have established equal opportunity cells in compliance with the 2012 regulations.
The Centre and UGC Must Respond
The bench also sought a response from the Centre on caste-based discrimination cases and instructed the UGC to provide data within six weeks.
This data should include the number of complaints of caste discrimination in all higher education institutions and the subsequent actions taken.
Senior advocate Indira Jaising, representing the mothers of two students—Rohith Vemula and Payal Tadvi—who died by suicide after facing caste discrimination, presented alarming statistics.
According to her, over 50 students, predominantly from Scheduled Castes (SC) and Scheduled Tribes (ST), have ended their lives in prestigious institutions like IITs since 2004 due to caste-based discrimination.
Tragic Cases Highlight the Issue
Rohith Vemula, a PhD scholar at Hyderabad Central University, died on January 17, 2016. Payal Tadvi, a medical student at TN Topiwala National Medical College, Mumbai, died on May 22, 2019.
Tadvi reportedly faced caste discrimination from three senior doctors in her college.
The bench expressed concern over the delay in addressing such issues. Justice Surya Kant remarked:
“From now on we will list this petition periodically so that some effective solution could be found in the matter as since 2019 nothing much has happened.”
UGC Draft and Delays
The UGC’s counsel informed the court that a committee had already drafted new regulations to prevent caste-based discrimination. These regulations will soon be shared publicly for objections and suggestions within a month before being finalized. However, the bench criticized the UGC for the delay, saying:
“How much time is needed to notify the new regulations? You do it in one month and place it on record.”
The court also sought input from Solicitor General Tushar Mehta and the National Assessment and Accreditation Council (NAAC), a body under the UGC that accredits educational institutions.
Need for Equal Opportunity and Strong Action
A Public Interest Litigation (PIL) filed in 2019 alleged “rampant prevalence” of caste-based discrimination in higher educational institutions. The PIL sought enforcement of fundamental rights such as the Right to Equality, the Right to Prohibition of Discrimination based on caste, and the Right to Life.
The petitioners called for strict enforcement of the 2012 UGC regulations and demanded all educational institutions establish equal opportunity cells. The plea stated these cells should have representatives from SC/ST communities, NGOs, or the social sector to ensure fair and impartial handling of discrimination cases.
Additionally, the petition sought strict disciplinary action against those victimizing students or staff based on caste. It urged universities to protect students from hostility on campuses and to comply with anti-discrimination measures in “letter and in spirit.”
The Supreme Court’s decision to periodically review the matter ensures that caste discrimination in educational institutions is addressed effectively and with urgency.
Click Here to Read Previous Reports on Caste Discrimination
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