Supreme Court Acts on Campus Caste Discrimination: Directs UGC for Data, Questions Centre's 5-Year Silence

New Delhi- The Supreme Court on Friday issued significant directions while hearing a Public Interest Litigation (PIL) concerning caste discrimination in higher educational institutions. The PIL was filed by the mothers of Rohit Vemula and Payal Tadvi, two students who died by suicide allegedly due to caste discrimination.

The Court directed the University Grants Commission (UGC) to collect and present data from all universities - central, state, private, and deemed - regarding the establishment of Equal Opportunity Cells, total complaints received under the UGC (Promotion of Equity in Higher Educational Institutions) Regulations, 2012 and action taken reports on these complaints.

Senior Advocate Indira Jaising and advocate Disha Wadekar are representing the petitioners. Speaking to The Mooknayak, Wadekar, highlighted three key points from the hearing:

1. The Court noted that the Union Government hasn't filed its response in the past five years

2. UGC must provide data about Equal Opportunity Cells in all universities and their composition

3. UGC needs to establish an expert committee to review the 2012 regulations

During the hearing before Justices Surya Kant and Ujjal Bhuyan, Senior Advocate Indira Jaising raised three crucial questions- How many of the 820 universities nationwide have established Equal Opportunity Cells? What is the composition of these cells? And How does UGC monitor the implementation of the 2012 Regulations?

The Court showed particular sensitivity to the issue, especially after learning about the claim that 115 suicides occurred in IITs alone between 2004-2024. Justice Kant remarked that the Court would begin hearing the matter periodically to ensure the 2012 Regulations are effectively implemented.

When Jaising urged the Court to seek data on caste-wise breakdown of suicides in higher educational institutions, the bench stated it would approach the matter step-by-step without opening too many floodgates at once.

Deeming necessary their responses for effective adjudication of the matter, the Court directed the Registry to inform the Union (through Solicitor General) and counsel for National Assessment and Accreditation Council (NAAC) to file counter-affidavits within 4 weeks.

The PIL

The PIL, filed in 2019 by Radhika Vemula and Abeda Salim Tadvi, mothers of Rohit Vemula and Payal Tadvi respectively, calls for mechanisms to prevent caste-based discrimination in educational institutions. Rohit Vemula, a PhD scholar at Hyderabad Central University, died by suicide in January 2016, allegedly due to caste discrimination. Similarly, Payal Tadvi, an Adivasi student at TN Topiwala National Medical College in Mumbai, died by suicide in May 2019, reportedly after facing harassment from upper-caste peers.

The petition highlights systemic issues of caste-based discrimination and institutional apathy in HEIs. It criticizes the lack of an independent and unbiased redressal mechanism, insufficient preventive measures, and the absence of punitive sanctions for non-compliance. Among other demands, the petition seeks mandatory EOCs in all universities with representation from SC/ST communities and independent NGOs or social activists to ensure impartiality.