New UGC Rules on Caste-Based Discrimination

Syllabus: GS2/ Education/ Governance

Context

• The University Grants Commission (UGC) notified new regulations aimed at addressing discrimination, particularly caste-based discrimination, in higher education institutions.

Background

• As per Regulation 3(c) of the UGC (Promotion of Equity in Higher Education Institutions) Regulations, 2026, “caste-based discrimination” means “discrimination only on the basis of caste or tribe against the members of the scheduled castes, scheduled tribes, and other backward classes”.
• It aims to curb caste-based discrimination on campuses and ensure a safe, dignified and inclusive academic environment for students, teachers and non-teaching staff.

Key Provisions of the 2026 Regulations

• Every higher education institution is mandated to have an Equal Opportunity Centre, an Equity Committee and Equity Squads.
  • The Equal Opportunity Centre (EOC) will oversee the implementation of policies related to disadvantaged groups, coordinate with the district administration and police, and help provide legal aid when necessary.
  • Equity Committee: The EOC will have a ten-member Equity Committee chaired by the head of the institution. Five of its members must be from reserved categories.
  • Equity Squads: These are to be constituted to “maintain vigil and prevent discrimination on campus”.
• A 24-hour ‘Equity Helpline’ and Equity Ambassadors will be appointed.
• The UGC will monitor compliance, and non-compliant institutions with the risk of losing UGC funding, degree-granting powers, and even recognition.

Impact of Caste-Based Discrimination

• On Individuals:
  • It undermines dignity, self-worth, and mental health, leading to anxiety, depression, and social withdrawal.
  • It results in educational exclusion, including higher dropout rates, denial of academic opportunities, and restricted access to mentorship.
  • It creates fear of reprisal, discouraging students from reporting discrimination.
• On Institutions:
  • It weakens academic excellence by preventing equal participation and talent realisation.
  • It fosters a hostile campus climate, eroding trust between students, faculty, and administration.
• On Society:
  • It perpetuates intergenerational inequality and social stratification.
  • It contradicts constitutional values of equality, fraternity, and social justice.

Constitutional Provisions 

• Article 46 under the Directive Principles of State Policy, mandates the State to promote with special care the educational and economic interests of the weaker sections, particularly Scheduled Castes (SCs) and Scheduled Tribes (STs). 
• Article 14 guarantees equality before law and equal protection of laws.
• Article 15(4) & 15(5) enable affirmative action for socially and educationally backward classes.
• Article 16(1) & 16(4) ensure equality of opportunity and reservation in public employment.
• Article 17 abolishes untouchability and forbids its practice in any form.

Legal and Statutory Measures

• Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, criminalises caste-based harassment and violence.
• Protection of Civil Rights Act, 1955, penalises the practice of untouchability.
• Right to Education Act, 2009, mandates non-discrimination in elementary education.
• University Grants Commission Act, 1956, empowers UGC to regulate equity in higher education.

What are the Concerns?

• Legal Concerns: Absence of a provision to deal with false or motivated complaints may raise fears of misuse.
  • Time-bound action mandates may compromise principles of natural justice if due process is rushed.
• Institutional Concerns: Smaller colleges may face capacity constraints in setting up EOCs, Equity Committees, and Squads.
  • Fear of punitive action by UGC may lead institutions to act defensively rather than fairly.
• Social and Academic Concerns: Excessive focus on monitoring rather than dialogue may undermine academic freedom.
  • Perceived bias may lead to alienation of students affecting campus harmony.

Way Ahead

• Expand access to mental health counselling, mentorship programmes, and academic support, especially for first-generation learners.
• Link equity mechanisms with student welfare and grievance redressal systems for holistic intervention.
• Use data from complaints to identify systemic patterns such as evaluation bias, hostel segregation, or faculty discrimination.

Source: IE