In a significant order, the Supreme Court has directed the University Grants Commission (UGC) to consider safeguards to prevent caste-based discrimination while finalising new regulations to curb harassment and discrimination in higher educational institutions. The Apex court gave UGC 2 months for framing the new rules.
A bench of Justices Surya Kant and Joymalya Bagchi directed the UGC to finalise the regulations within 8 weeks.The Court was hearing a public interest litigation filed in 2019 by the mothers of Rohith Vemula and Payal Tadvi, two students from marginalised communities who died by suicide after facing caste-based harassment.The petition sought stronger enforcement of the 2012 UGC regulations and specific measures to address caste discrimination on campuses.
Solicitor General Tushar Mehta, appearing for the Union government, today informed the Court that the UGC has already published draft regulations to address such issues, and has received 391 suggestions. He said an expert committee was constituted to examine the inputs and that its report was under active consideration by the UGC.
Senior Advocate Indira Jaising, representing the petitioners, urged the Court not to allow the matter to drift indefinitely.“This was filed in 2019. Since then, we have had much water flowing under the bridge. Several people have committed suicide. We are already aware that draft regulations have been published. We made the suggestions. Two coordinate benches of this Court have attempted to address this issue as well,” Jaising said
She stressed that while earlier judgments dealt with discrimination in general, this case was specifically about caste.“We are interested in preventing students from committing suicide. We came to court because the 2012 UGC regulations are not being implemented,” she told the Bench.Justice Kant noted that Jaising’s written note summarised ten core issues that needed to be addressed, including a clear ban on discriminatory practices, mental health counselling, and social audits.
“Our proposal is that now that the matter is pending with the UGC, we direct that these points may be considered by the UGC and the expert committee,” Justice Kant said.Jaising requested the Court to impose a timeline.“A timeline may be put on this eternal exercise,” she urged.The Bench agreed and assured that the process would not remain open-ended. “We’ll put a timeline. Let them apply their mind and let us see how they revert back,” Justice Kant said.Jaising also asked the Court to keep the issue of caste-based discrimination open for judicial determination.
“We are looking forward to a judgment that addresses the issue of discrimination based on caste. Please leave it open for me to address you before the UGC finalises anything,” she submitted.The Court said it had “no reason to doubt” that the UGC would consider these suggestions along with those from other stakeholders before taking a final decision. It directed the UGC to notify the regulations as early as possible and fixed a timeline of eight weeks.
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