In a PIL
addressing caste discrimination in higher educational institutions (HEIs), the
Union government recently informed the Supreme Court that the University Grants
Commission (UGC) has drafted regulations to tackle these issues. The Court,
emphasizing the gravity of the matter, stated its intent to establish a
"very strong and robust mechanism" for addressing discrimination
effectively.
A bench
comprising Justices Surya Kant and N Kotiswar Singh adjourned the matter to May
2025 after Solicitor General Tushar Mehta, representing the Union, apprised the
Court of the draft regulations. Mehta stated that these regulations have been
published on the UGC website for public feedback. The Court recorded that
petitioners, intervenors, and other stakeholders may submit their suggestions,
which the UGC must duly consider.
Previously,
the Supreme Court had directed the UGC to collect data from universities
(central, state, private, and deemed) on the establishment of Equal Opportunity
Cells and complaints received under the UGC (Promotion of Equity in Higher
Educational Institutions) Regulations, 2012. Senior Advocate Indira Jaising,
representing the petitioners, pointed out that 40% of universities and 80% of
colleges had failed to respond, including several IITs and national law
universities.
Justice
Kant remarked that institutions failing to submit responses would be assumed to
have no objections. He further suggested that granting the UGC the authority to
cancel affiliations could enhance compliance, stating, "The violations and
non-compliance persist, likely due to the UGC lacking sufficient enforcement
powers."
The Court
also addressed the alarming issue of student suicides in HEIs, with Justice
Kant calling the situation "extremely unfortunate." Jaising urged the
Court to call for data on student suicides, citing 18 cases in IITs and IIMs
over the past 14 months. While the Court did not order a physical hearing as
requested, Justice Kant assured that a statutory action-taking body would be
assigned responsibilities once established.
Background
The PIL
was filed by Radhika Vemula and Abeda Salim Tadvi, mothers of Rohit Vemula and
Payal Tadvi, both of whom died by suicide following alleged caste-based
discrimination. The petition highlights widespread caste discrimination in
HEIs, institutional apathy, and non-compliance with existing regulations. It
argues that the current framework lacks a robust complaint redressal system and
fails to penalize institutions that do not take preventive measures.
The
petitioners seek a directive for all universities and HEIs to establish Equal
Opportunity Cells with SC/ST members and independent representatives from NGOs
or social activists to ensure fairness and impartiality.
Case
Title: Abeda
Salim Tadvi & Anr. v. Union of India, W.P.(C) No. 1149/2019
