GS 2: PolityGS 2: Social JusticePrelims

Definitions to action: The differences in 2012 and 2026 UGC rules, Pg17

Supreme Court stays UGC's 2026 equity regulations, questioning exclusion of general category and separate definitions of discrimination.

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Key Highlights:

  • 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.
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