UGC needs 'teeth and power' to stop caste discrimination in higher education institutions: Supreme Court

New Delhi: The Supreme Court on Friday indicated to facilitate the creation of a robust mechanism to stop discrimination, as the University Grants Commission issued draft regulations on establishment of Equal Opportunity Centres (EOC) in higher education institutions (HEIs) to oversee implementation of policies and programmes for disadvantaged groups.

A bench of Justices Surya Kant and N Kotiswar Singh said there are violations and non-compliances, due to the lack of sufficient "teeth and power" with the UGC, and stressed that once UGC's hands are strengthened, especially to cancel the recognition of HEIs, then this power can be used in the right direction.

The UGC's action came after the apex court issued a direction in January 2025 to notify within six weeks new regulations to combat caste-based discrimination and suicides in higher education institutions.

The court was informed on Friday that the new set of regulations to counter discrimination, especially on the basis of religion or caste, will give the UGC “teeth and power” to cancel the recognition of the non-compliant higher education institutions.

The bench said petitioners may suggest their suggestions to the UGC, which would be duly considered.

Senior advocate Indira Jaising, representing the petitioners, said in the last 14 months, there have been 18 deaths by suicide, especially in the IITs and IIMs.

“We need to know what is the cause of these suicides in institutes of higher learning. The two petitioners who came to court lost (someone) in their families. And after (that), 14 other people have lost their lives. So, if they can give us data on this issue," she said.

The counsel claimed that there is no response from IITs and IIMs and some national law schools on a communication circulated by the UGC, on the basis of January 3 order of the apex court, seeking data on the Equal Opportunity Cells set up by HEIs.

"Once this action-taking body emerges as a statutory authority, we are contemplating to assign them some responsibility," the bench said.

Jaising said that no response has come from the IITs and IIMs, but 710 universities have responded, and also some of the national law schools have not responded, and the court should direct them to respond to the UGC.

The bench said if they do not submit any proposal, the court will take it that they have no objection.

Jaising insisted on bringing the data on suicides before the bench. "We have something in mind to collect the data. We do not have to depend on these IIMs or law schools. We will find out," the bench said.

The counsel claimed that suicides are taking place in institutions of higher learning – ITTs, IIMs, and law schools – and there is no data. “It is extremely unfortunate what is happening…we are looking for creating a strong and robust mechanism to tackle this issue," the bench said, adding the court will take things to a logical conclusion.

The court was hearing pleas filed by the mothers of Rohith Vemula and Payal Tadvi, seeking action against the “rampant” caste discrimination in universities which claimed their children’s lives.

Solicitor General Tushar Mehta, for the Centre, said that recognition will be cancelled if they do not comply and added that draft University Grants Commission (Promotion of Equity in Higher Education Institutions) Regulations of 2025 have already been published on the UGC website for inviting public comments and suggestions.

The draft regulations said it aimed at eradication of discrimination on the basis of religion, race, sex, place of birth, or caste, particularly against the members of Scheduled Castes and Scheduled Tribes, socially and educationally backward classes, economically weaker sections, or any of them, and to promote full equity and inclusion amongst the stakeholders in HEI.

The draft Regulations also give the UGC power to remove errant HEIs from the list of recognised universities maintained under Section 2(f) of the UGC Act, 1956. The regulations also allow the UGC to take “additional punitive actions” on a case-to-case basis.

Mehta said these regulations addressed the lacuna by proposing ‘equity committees’ in HEIs with members drawn from civil society, students and faculty.

"The violations are there, the non-compliance is there, and probably it may have been due to the lack of sufficient teeth and power (for the UGC). Once UGC’s hands are strengthened, especially to cancel the recognition of HEIs, we think that will be the power that can be used in the right direction," the bench said.

Mehta said the draft regulations would be open for public opinion for a month. The court fixed the matter for further hearing after eight weeks.