Caste Discrimination In Colleges | Supreme Court Allows UGC To Notify Draft Regulations

In the PIL assailing caste discrimination in higher educational institutions (HEIs), the Supreme Court today clarified that the University Grants Commission may proceed with finalization of the Draft (UGC) Regulations, 2025 dealing inter-alia with the issues raised in the matter and notify the same.

A bench of Justices Surya Kant and N Kotiswar Singh noted that a coordinate bench of the Court, in Amit Kumar v. Union of India, has constituted a National Task Force to consider the issues related to suicides in higher educational institutions. Accordingly, it passed the following order,

"We deem it appropriate to clarify: 

(i) UGC may proceed with finalization of draft regulations and notify the same

(ii) The regulations, as already held in Amit Kumar, will operate in addition to what may be recommended by task force

(iii) Pending consideration of recommendations or their implementation, the petitioner or any other public-spirited person shall be at liberty to move appropriate application in these proceedings to suggest suitable addition/deletion/incorporation in the regulations."

"Such suggestions/recommendations shall be considered in furtherance of the responsibility entrusted by this Court to the Task Force in Amit Kumar's case", the bench added.

After it was pointed out by Senior Advocate Indira Jaising (for petitioners) that the petitioners have also submitted suggestions to UGC, the bench expressed that it has "no doubt" that before formally notifying the proposed regulations, UGC will take into consideration all suggestions made to it by different stakeholders. On the senior counsel's request, the bench also gave liberty to the petitioners to submit suggestions before the Task Force.

During the hearing, Jaising emphasized that the petitioners are not only concerned with the suicides that have taken place, but also with what can be done to prevent such incidents in future. She prayed that till the time recommendations are given by the Task Force, the enactment of the proposed UGC regulations may be deferred.

"What is bothering me...under new regulations, there is a merger of regulations relating to ragging, caste discrimination, sexual harassment, which has its own statute and its own regulations...that's one massive admin problem that we are going to face. Secondly, the old regulations give us a very detailed description of what is the meaning of 'discrimination', for example, refusing to give you lower marks at threshold levels, refusing to give you caste certificate, refusing to give you reservation...which are specific to the issue of caste discrimination. All those have been done away with in the proposed new regulations...If they are permitted to go ahead during pendency of judicial exercise..." Jaising urged.

On the other hand, Solicitor General Tushar Mehta, referring to the decision in Amit Kumar, contended that the ongoing process may not be interrupted and that a meeting is to be held today for finalization of the draft regulations, since comments/objections have been received.

After hearing the counsels, Justice Kant opined that if the proposed regulations are enacted, the Task Force would have an opportunity to examine them as well and give its own recommendations on lacunas, if any. Further, till the time the recommendations of the Task Force are effectuated, the UGC regulations would be in a position to do something better. There are numerous voiceless people who might be waiting for these regulations and would derive protection and respect out of them, the judge opined. Accordingly, the application filed by the petitioners was disposed of.

Background

Rohit Vemula, a PhD scholar at Hyderabad Central University, died by suicide on January 17, 2016, reportedly due to caste-discrimination. Three years later, Payal Tadvi, an Adivasi student at TN Topiwala National Medical College in Mumbai also died by suicide (on May 22, 2019). As per claims, she was subjected to caste-based discrimination by her upper-caste peers.

In 2019, Radhika Vemula and Abeda Salim Tadvi, mothers of the two Rohit Vemula and Payal Tadvi respectively filed the present PIL, seeking a mechanism to end caste-based discrimination in campuses. In July 2023, the top Court issued notice on the plea and sought response of the UGC. “Ultimately it is in the interest of the students and the parents whose children have lost their lives. In the future, atleast some care should be taken that this doesn't happen”, the Court told UGC then.

The petitioners submit that there is a rampant prevalence of caste discrimination against members of the SC/ST community alongside institutional apathy to caste-based discrimination and flagrant non-compliance with the existing norms and regulations in place. Furthermore, the norms are inadequate insofar as they do not properly address the occurrence of caste-based discrimination on campus against both teachers and students, fail to provide an independent, unbiased complaint redressal mechanism and do not provide for any punitive sanction on HEIs for failure to take positive steps to prevent discrimination on the basis of caste on campus.

Among other reliefs, the petitioners seek a direction to all Universities and HEIs to establish Equal Opportunity Cells on the lines of such other existing anti-discrimination internal complaints mechanisms and to include members from the SC/ST communities and independent representatives from NGO's or social activists to ensure objectivity and impartiality in the process.

In a hearing last month, the Union told the Court that UGC has prepared draft regulations to inter-alia address the issues raised. The Court, on its part, expressed that it is looking to create a "very strong and robust mechanism" for "really" tackling the unfortunate issues.

Case Title: Abeda Salim Tadvi and Anr. v. Union of India, W.P.(C) No. 1149/2019