Supreme Court Flags Risk of Social Division in UGC’s New Anti-Discrimination Rules
The Supreme Court has temporarily stopped the implementation of the University Grants Commission’s (UGC) new anti-discrimination rules on Thursday. The court said the rules are unclear, could be misused, and might divide society. The court asked the government and the University Grants Commission (UGC) to respond and explain the issue. However, the rules will stay on hold until further notice.
The new UGC rules were introduced earlier this month. They made it mandatory for all universities and colleges to form equity committees. These committees were meant to handle complaints of discrimination and promote inclusion. As per the rules, the committees had to include members from Scheduled Castes (SC), Scheduled Tribes (ST), Other Backward Classes (OBC), women, and persons with disabilities.
However, the rules do not allow students from the general category to file complaints under this system. Because of this exclusion, the rules were challenged in court. Several students also protested across many states, saying the rules were unfair and could be misused.
A bench led by Chief Justice Surya Kant said the rules were “capable of dividing society” and could have serious consequences. The court decided that the 2012 guidelines, which were only advisory and not mandatory, would continue for now.
The Chief Justice said the language of the new rules is vague and needs to be carefully rewritten by experts so it cannot be misused. The court felt it was important to intervene before the rules caused harm.
The petitioners argued that the regulations are discriminatory themselves because they protect only certain social groups, such as SC, ST, or OBC categories and leave others out. Their lawyers said this goes against the Constitution, which promises equal protection to all citizens.
Justice Joymalya Bagchi said the court wants universities to be free and fair spaces. He raised concerns about how discrimination was defined in the rules. He also questioned why ragging was not included in the 2026 regulations.
On the other hand, senior advocate Indira Jaising argued that the rules are necessary to fight caste-based discrimination. She said the regulations are based on the constitutional idea of equality and are meant to create a more inclusive society.
The UGC created these rules after a 2019 petition filed by the mothers of Rohit Vemula and Payal Tadvi, two students who died by suicide after facing caste discrimination in their universities. The petition asked for a proper system to prevent caste discrimination on campuses.
