The Supreme Court on Friday instructed the University Grants Commission (UGC) to notify within six weeks new regulations to overcome caste-based discrimination and suicides in higher education institutions, illuminating that the new regulations must not be just a “ream of white paper” but must be effective.
Emphasizing the pivotal nature of the issue, a bench consisting of justices Surya Kant and Ujjal Bhuyan pointed out that these norms must be more than conventional expression, affirming that the court would examine their practical competency.
“This is a sensitive issue, and we must find an effective solution,” declared the bench, over the UGC for not being able to formalize the regulations since 2023 when it initiated drafting the new guidelines.
The bench ordered, “The counsel for UGC notifies this court that following the recommendations of a committee, a set of new regulations has been drafted. Let UGC notify the regulations and present them before this court for our consideration.”
The mandate came during the trial 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 contended caste discrimination. The 2019 petition demanded the court enforce strong anti-discrimination mechanisms across higher education institutions, alluding to failures in the implementation of UGC’s 2012 equity regulations.
Senior advocate Indira Jaising, advocating for the petitioners, pointed out the lack of Equal Opportunity Cells (EOCs) in universities regardless of their compulsory establishment under UGC guidelines. “Out of 820 universities, many have provided vague excuses like ‘not applicable’ regarding their receipt of complaints. There is no concrete information available,” stated Jaising, adding that UGC has been unsuccessful in enforcing regulations.
She further stressed upon alarming statistics 115 suicides in prestigious institutes like IITs over the past two decades, majorly involving students from marginalized sections of society.
Reacting to this, the court said that it recognizes the “sensitivity” of the issue and is aware that the parents who have lost their children were before it. The court expressed its determination to regularly monitor the issue, compelling comprehensive data from UGC, the Centre, and state universities.
“We need to assure that these norms are translated into reality,” remarked the bench while ordering UGC to gather detailed information on the functioning of EOCs, complaints filed, and the measures taken by universities under the 2012 guidelines.
The court also demanded input from the National Assessment and Accreditation Council (NAAC) and the Union government to ensure a constructive framework. It said that the office of solicitor general Tushar Mehta be acquainted with the issue to enable the law officer to resort to suitable instructions.
When UGC’s counsel mentioned to the court that new regulations were in the drafting stage, the bench condemned the delay, stressing that the process had begun in 2023 but had not yet been finalized.
“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 finalized 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 requested 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 for assurance of transparency and fairness. They also demanded that universities publicize their anti-discrimination measures and compliance details on their websites.
According to the petition, caste-based discrimination remains prominent in higher education institutions, often resulting in severe psychological distress among students. Despite the UGC’s equity regulations, many universities have either denied receiving complaints of caste discrimination or failed to give data on their internal complaints mechanisms.
The petition also demanded disciplinary measures against institutions breaching anti-discrimination regulations and a broader outreach to promote awareness about caste equity regulations among students and stakeholders.
