Caste Discrimination In Colleges : Supreme Court Seeks Data From UGC On Equal Opportunity Cells, Action On Complaints Received

In a PIL filed by the mothers of Rohit Vemula and Payal Tadvi assailing caste discrimination in higher educational institutions (HEIs), the Supreme Court today called on the University Grants Commission to collate and furnish data from universities (central/state/private/deemed) with regard to setting up of Equal Opportunity Cells and total number of complaints received under the UGC (Promotion of Equity in Higher Educational Institutions) Regulations, 2012 alongwith action taken reports.

A bench of Justices Surya Kant and Ujjal Bhuyan passed the order, upon hearing Senior Advocate Indira Jaising and Advocate Disha Wadekar (for petitioners) who stressed UGC's failure to implement the 2012 regulations and urged the court to seek data from the Union of India and the National Assessment and Accreditation Council - including data as to the number of suicides by students belonging to Scheduled Caste/Scheduled Tribe category in HEIs.

Considering a submission on behalf of UGC's counsel that a new set of regulations has been formulated (pursuant to certain recommendations), the Court further directed the UGC to notify and place the same on record. After the order was dictated, Jaising urged the Court to seek data on the number of suicides in HEIs (alongwith caste-wise breakup). However, the bench expressed that it would approach step-by-step in the matter without opening too many floodgates at once.

In response to a claim that as many as 115 suicides have taken place in IITs alone between 2004-24, Justice Kant remarked that the Court is cognizant of the sensitivity of the matter and would begin hearing it periodically to find out a mechanism that would translate the 2012 Regulations into a reality.

During the hearing, Jaising was heard informing the Court that there are extant regulations in place and the 2012 Regulations in particular were intended to put an end to discrimination based on caste in HEIs. However, the question is whether the same are being implemented. Essentially, she raised 3 issues:

(i) Out of total 820 universities (central/state/deemed) across the country, how many have setup Equal Opportunity Cells?

(ii) If set up, what is the composition of these Cells?

(iii) What is the nature of monitoring being done by UGC towards implementation of the 2012 Regulations?

Ultimately, 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 NAAC to file counter-affidavits within 4 weeks.

Background

Rohit Vemula, a PhD scholar at Hyderabad Central University, died by suicide on January 17, 2016, reportedly due to caste-discrimination. Three years later, Payal Tadvi, an Adivasi student at TN Topiwala National Medical College in Mumbai also died by suicide (on May 22, 2019). As per claims, she was subjected to caste-based discrimination by her upper-caste peers.

In 2019, Radhika Vemula and Abeda Salim Tadvi, mothers of the two Rohit Vemula and Payal Tadvi respectively filed the present PIL, seeking a mechanism to end caste-based discrimination in campuses. In July 2023, the top Court issued notice on the plea and sought response of the UGC. “Ultimately it is in the interest of the students and the parents whose children have lost their lives. In the future, atleast some care should be taken that this doesn't happen”, the Court told UGC then.

The petitioners submit that there is a rampant prevalence of caste discrimination against members of the SC/ST community alongside institutional apathy to caste-based discrimination and flagrant non-compliance with the existing norms and regulations in place. Furthermore, the norms are inadequate insofar as they do not properly address the occurrence of caste-based discrimination on campus against both teachers and students, fail to provide an independent, unbiased complaint redressal mechanism and do not provide for any punitive sanction on HEIs for failure to take positive steps to prevent discrimination on the basis of caste on campus.

Among other reliefs, the petitioners seek a direction to all Universities and HEIs to establish Equal Opportunity Cells on the lines of such other existing anti-discrimination internal complaints mechanisms and to include members from the SC/ST communities and independent representatives from NGO's or social activists to ensure objectivity and impartiality in the process.

The petitiion was drafted by Advocates Disha Wadekar and Kushal Nandwani, and filed through Advocate Sunil Fernandes.

Case Title: Abeda Salim Tadvi and Anr. v. Union of India, W.P.(C) No. 1149/2019