Supreme Court Calls for Data on Caste Discrimination in Higher Educational Institutions

On January 3, the Supreme Court directed the University Grants Commission (UGC) to collate and furnish data from all universities, including central, state, private, and deemed institutions, on the establishment of Equal Opportunity Cells (EOCs) and the total number of complaints received under the UGC (Promotion of Equity in Higher Educational Institutions) Regulations, 2012. The court also sought action taken reports from these institutions.

A bench comprising Justices Surya Kant and Ujjal Bhuyan passed the order in response to a Public Interest Litigation (PIL) filed by the mothers of Rohit Vemula and Payal Tadvi, who tragically died by suicide after alleged caste-based discrimination in their respective higher educational institutions. The petitioners, represented by Senior Advocate Indira Jaising, emphasized the failure of the UGC to implement the 2012 regulations effectively. Jaising urged the court to seek additional data from the Union of India and the National Assessment and Accreditation Council (NAAC), including caste-wise data on suicides by SC/ST students in higher educational institutions.

The Court acknowledged the sensitivity of the issue but decided to approach it in stages, requesting data related to the establishment of Equal Opportunity Cells and the monitoring of the UGC regulations. The court also recognized claims of 115 suicides in IITs alone between 2004 and 2024, though it refrained from delving deeper into the matter immediately.

Key Issues Raised by Petitioners

Jaising raised three main issues for the court’s consideration:

  1. How many of the 820 universities across the country have set up Equal Opportunity Cells?
  2. What is the composition of these Cells?
  3. What kind of monitoring has the UGC undertaken regarding the implementation of the 2012 Regulations?

In light of these concerns, the Supreme Court ordered the UGC, the Union of India, and the NAAC to submit counter-affidavits within four weeks.

Background

The PIL was filed in 2019 by Radhika Vemula and Abeda Salim Tadvi, the mothers of Rohit Vemula and Payal Tadvi, both of whom died by suicide due to alleged caste-based discrimination in higher education. The petitioners contend that caste discrimination is rampant in campuses, with insufficient measures for prevention and redressal. The petitioners have sought a directive to universities to establish Equal Opportunity Cells with representation from the SC/ST communities and independent members to ensure fairness and transparency.

The case was filed under Abeda Salim Tadvi and Anr. v. Union of India, W.P.(C) No. 1149/2019.

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