The Supreme Court stayed the 2026 UGC equity regulations addressing discrimination in higher education.
The court directed that the 2012 regulations remain in force until further orders.
The 2026 regulations defined 'discrimination' and 'caste-based discrimination' separately, unlike the 2012 version.
Student groups protested the 2026 regulations, claiming they could create divisions over caste.
Detailed Insights:
The 2026 regulations define caste discrimination as discrimination only against Scheduled Castes (SC), Scheduled Tribes (ST), and Other Backward Classes (OBC), which was challenged for excluding the general category.
Justice Bagchi questioned the need for a separate definition of caste-based discrimination if it is already included in the general definition of discrimination.
The 2012 regulations included language and ethnicity in the definition of discrimination, which are omitted from the 2026 guidelines.
The 2026 regulations were framed after a plea in the top court filed by the mothers of Rohith Vemula and Payal Tadvi, focusing on discrimination against SC, ST and OBC individuals.
The 2012 regulations listed specific forms of discrimination, harassment, or victimisation, which are left out of the 2026 regulations.
Under the 2026 rules, non-compliant institutions can be debarred from participating in UGC schemes or receiving central grants.
The 2026 version mandates 'Equal Opportunity Centres' at institutions, with 'equity committees' represented by OBCs, Persons with Disabilities, SCs, STs, and women.
Key Concepts Involved:
Discrimination: Unfair or biased treatment against any stakeholder based on religion, race, caste, gender, place of birth, or disability.
Equity: Fairness and impartiality, ensuring equal opportunities for all individuals, especially those from disadvantaged groups.
Scheduled Castes (SC): Officially designated groups of historically disadvantaged communities in India.
Scheduled Tribes (ST): Officially designated groups of indigenous communities in India.
Other Backward Classes (OBC): Officially designated groups of communities that are socially and educationally disadvantaged in India.