In a Public Interest Litigation (PIL) challenging caste discrimination in Higher Educational Institutions (HEIs), the Union Government recently informed the Supreme Court that the University Grants Commission (UGC) has drafted new regulations to address the concerns raised. The Court, in turn, emphasized the need for a “very strong and robust mechanism” to effectively tackle these issues.
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.
“We have, in a non-adversarial manner, taken up this petition. Based on some of the issues flagged, we have prepared draft regulations to further strengthen the existing framework. These have been published for inviting suggestions before finalization,” Mehta informed the Court.
It was also noted that the draft regulations have been uploaded on the UGC website to seek feedback from stakeholders. The Court, in its order, directed that petitioners, intervenors, or any interested parties may submit their suggestions to UGC, which shall be duly considered.
Compliance and Institutional Response
Previously, the Supreme Court had directed UGC to compile and furnish data from central, state, private, and deemed universities regarding the establishment of Equal Opportunity Cells (EOCs) and the number of complaints received under the UGC (Promotion of Equity in Higher Educational Institutions) Regulations, 2012, along with action taken reports.
Senior Advocate Indira Jaising, appearing for the petitioners, highlighted that 40% of universities and 80% of colleges had not responded. She further pointed out that several IITs and even some National Law Universities failed to provide the required information.
Justice Surya Kant remarked, “If they don’t submit any proposal, we will assume they have no objection.”
The Court also observed that non-compliance and regulatory violations persist, largely due to the lack of sufficient enforcement powers with UGC. Justice Kant noted that strengthening UGC’s authority, including the power to revoke institutional affiliations, could serve as an effective deterrent.
Concerns Over Student Suicides in HEIs
Addressing the issue of student suicides linked to caste discrimination, Justice Kant termed the situation “extremely unfortunate”, emphasizing the need for a robust mechanism to address these incidents.
Senior Advocate Jaising urged the Court to seek data on student suicides, citing 18 such cases in IITs and IIMs in the past 14 months. She also requested an opportunity for a physical hearing, apart from the submission of written suggestions. However, the Court did not pass any order on this request.
Justice Kant assured that once an independent statutory authority is established, it would be assigned specific responsibilities in this regard.
Background of the Case
The PIL was filed in 2019 by Radhika Vemula and Abeda Salim Tadvi, mothers of Rohit Vemula and Payal Tadvi, respectively.
• Rohit Vemula, a PhD scholar at Hyderabad Central University, died by suicide on January 17, 2016, allegedly due to caste-based discrimination.
• Payal Tadvi, an Adivasi medical student at TN Topiwala National Medical College, Mumbai, died by suicide on May 22, 2019, reportedly after facing caste discrimination by upper-caste peers.
In July 2023, the Supreme Court issued a notice to UGC, seeking its response. The Court had then remarked, “Ultimately, this is in the interest of students and parents who have lost their children. Future safeguards must be put in place to prevent such incidents.”
The petitioners argue that caste discrimination remains rampant in HEIs, coupled with institutional apathy and non-compliance with anti-discrimination norms. They contend that existing regulations fail to provide an independent and impartial grievance redressal mechanism and lack punitive measures against HEIs that neglect anti-discrimination efforts.
Key Reliefs Sought by Petitioners
Among other remedies, the petitioners have sought a directive requiring all universities and HEIs to establish Equal Opportunity Cells (EOCs) with the following mandates:
• Functioning on the lines of existing anti-discrimination complaint mechanisms.
• Inclusion of members from SC/ST communities.
• Representation from NGOs or social activists to ensure objectivity and impartiality in handling complaints.
Case Title: Abeda Salim Tadvi & Anr. v. Union of India, W.P.(C) No. 1149/2019
