UGC’s NEW REGULATION ON CASTE BASED DISCRIMINATION & ITS OPPOSITION

UGC’s NEW REGULATION ON CASTE BASED DISCRIMINATION & ITS OPPOSITION

Why is this issue in the news?

• In January 2026, the University Grants Commission (UGC) notified new regulations to address discrimination in higher education institutions.
• These regulations were introduced after a Supreme Court intervention.
• The intervention followed a petition filed by the mothers of Rohith Vemula and Payal Tadvi.
• Rohith Vemula (2016) and Payal Tadvi (2019) died by suicide.
• Their deaths were linked to alleged caste-based discrimination in educational institutions.
• The new regulations are a revised version of the UGC Equity Regulations, 2012.
• Since notification, the regulations have triggered widespread controversy.
• A section of people claimed that the rules may lead to harassment of general category students.
• In protest, some BJP office-bearers in Uttar Pradesh and the Bareilly City Magistrate
• Later, the Supreme Court stayed the regulations, citing constitutional and social concerns.
• The matter is currently under judicial scrutiny. SC has, as of now, put a stay on this issue.

SUPREME COURT’S VIEW

1. The Supreme Court stayed the implementation of the regulations.
2. The Court observed that the rules raise serious constitutional questions.
3. It noted that the regulations may have wide social consequences.
4. The Court stated that a detailed legal examination is required.
5. The final outcome will depend on the Court’s judgment.

WHAT ARE THE NEW UGC REGULATIONS, 2026?

• The regulations are titled University Grants Commission (Promotion of Equity in Higher Education Institutions) Regulations, 2026
• They were notified on 13 January 2026.
• The objective is to eradicate discrimination based on religion, race, gender, place of birth, caste, or disability.
• The regulations give special emphasis to SCs, STs, OBCs, EWS, and Persons with Disabilities (PwDs).
• The rules aim to promote equity and inclusion among all stakeholders.
• They apply to all higher education institutions.
• They replace the 2012 equity regulations.
• They establish a structured grievance redressal mechanism for discrimination complaints.

HOW WILL THE REGULATIONS BE IMPLEMENTED?

1. Every higher education institution must establish three institutional mechanisms.
2. These mechanisms are the Equal Opportunity Centre (EOC), the Equity Committee, and Equity Squads.

EQUAL OPPORTUNITY CENTRE

• Every institution must establish an Equal Opportunity Centre.
• The EOC oversees implementation of policies related to disadvantaged groups.
• The EOC can coordinate with district administration and police authorities when needed.
• It must assist victims in accessing legal aid.
• The EOC consists of five faculty members from the institution.
• The regulations do not provide reservation for EOC members.
• If a college lacks sufficient faculty, the affiliating university’s EOC will perform the functions.

EQUITY COMMITTEE

• Each EOC must constitute a ten-member Equity Committee.
• The Head of the Institution acts as the Chairperson.
• Five members must belong to reserved categories, including OBCs, SCs, STs, women, and PwDs.
• The Committee must meet within 24 hours of receiving a complaint.
• The Committee must submit its report within 15 days.
• The Head of the Institution must initiate action within 7 days of receiving the report.

EQUITY SQUADS & SUPPORT SYSTEM

• Institutions must constitute Equity Squads to prevent discrimination on campus.
• These squads must remain mobile and visit vulnerable and sensitive locations
• Institutions must establish a 24-hour Equity Helpline
• Institutions must appoint Equity Ambassadors to promote equity and inclusion.

HOW ARE 2026 REGULATIONS DIFFERENT FROM 2012?

• The 2012 regulations were largely advisory.
• They lacked strong enforcement mechanisms.
• No penalties were prescribed for non-compliance.
• Equal Opportunity Cells were mentioned, but their structure was unclear.
• The focus was mainly on SCs and STs.
• The 2026 regulations are legally enforceable.
• They introduce strict penalties.
• They clearly define institutional roles and timelines.
• They establish a national-level monitoring committee under the UGC.

HOW ARE FINAL REGULATIONS DIFFERENT FROM DRAFT VERSIONS?

• The draft regulations (2025) faced objections from student groups.
• The All India OBC Students Association highlighted the exclusion of OBCs.
• The final regulations explicitly include OBCs.
• Representation of OBCs in the Equity Committee was made mandatory.
• The draft contained penalties for false complaints.
• This provision was removed in the final version.
• Recommendations of the Parliamentary Standing Committee on Education, chaired by Digvijaya Singh, were accepted.

WHAT IS THE CONTEXT BEHIND THESE REGULATIONS?

• The regulations originated from a 2019 Supreme Court petition.
• The petition was filed by Abeda Salim Tadvi and Radhika Vemula.
• It highlighted failure in implementing the 2012 regulations.
• It demanded strong and enforceable mechanisms.
• In January 2025, the Supreme Court said equity rules must be more than symbolic.
• The Court allowed UGC to notify the regulations after public consultation.

WHAT IS THE CONTROVERSY BEHIND THESE REGULATIONS?

• Some students and political leaders demanded a rollback.
• Critics fear harassment of general category students.
• There is concern over the absence of penalties for false complaints.
• Critics oppose strict penalties on institutions.
• Social media campaigns under #UGCRollBack claim political misuse.

UGC: BACKGROUND & EVOLUTION

• The Sergeant Report, 1944 recommended a national education body.
• The University Grants Committee was formed in 1945.
• By 1947, it covered all universities in India.
• The Radhakrishnan Commission (1948) suggested restructuring.
• In 1952, UGC was assigned grant-related functions.
• The UGC was inaugurated in 1953 by Maulana Abul Kalam Azad.
• It became a statutory body under the UGC Act, 1956.
• The headquarters is in New Delhi.
• UGC allocates grants, advises reforms, and maintains standards.

IMPACT OF CASTE BASED DISCRIMINATION ON EDUCATION

• Caste discrimination violates equality, dignity, and fraternity.
• It weakens trust in affirmative action and democracy.
• It restricts access of SC, ST, and OBC students to elite institutions.
• Poor access traps communities in low-income occupations.
• Psychological exclusion causes anxiety and low self-esteem.
• The Thorat Committee (2007) reported segregation in hostels and facilities.
• Grievance redressal bodies often lack authority and autonomy.
• These factors lead to higher dropout rates.

INDIA’S INITIATIVES TO ADDRESS CASTE DISCRIMINATION

A. Constitutional and legal measures

1. Article 15 allows special provisions and reservations.
2. Article 46 directs protection of SCs and STs.
3. The SC/ST (Prevention of Atrocities) Act, 1989 criminalises discrimination.

B. Financial and academic schemes

1. SHRESHTA supports residential education for SC students.
2. National Fellowship for SC/ST supports higher research.
3. Top Class Education Scheme funds SC/ST students in premier institutes.
4. PM-AJAY focuses on hostels and safety.

MEASURES REQUIRED TO DISMANTLE INSTITUTIONAL CASTEISM

• The National Commission for Scheduled Castes should conduct annual social audits.
• The curriculum should include Dalit history and literature.
• Institutions should introduce mentorship programmes.
• Faculty sensitisation and “Unlearning Caste” workshops are necessary.
• Professors must identify micro-aggressions.
• Special Recruitment Drives must fill SC/ST faculty vacancies.

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