Are we going backwards?’ SC stays UGC’s 2026 caste discrimination rules

The Supreme Court on Thursday put on hold the University Grants Commission’s (Promotion of Equity in Higher Education Institutions) Regulations, 2026, expressing serious reservations over their scope and wording, and observing that the provisions were prima facie “vague” and “capable of misuse”.

Staying the operation of the new regulations, the court ordered that the earlier 2012 UGC regulations on caste-based discrimination would continue to remain in force until further orders.

A two-judge Bench headed by Chief Justice of India Surya Kant and Justice Joymalya Bagchi said it was prepared to examine the constitutionality of the 2026 regulations, which have been challenged as discriminatory towards “general classes”.

“The 2026 UGC regulations on what amounts to caste-based discrimination shall be kept in abeyance. The 2012 regulations will continue. The provisions are prima facie vague and capable of misuse,” the court said while staying the notification.

During the hearing, the Bench questioned whether certain provisions in the new regulations could undermine the idea of a casteless society. “Whatever we have gained in terms of achieving a casteless society, are we now going backwards?” the court observed.

Referring specifically to clauses that contemplate separate hostels for different castes, the court expressed strong disapproval. “For God’s sake, don’t do this. We all used to stay together. There are inter-caste marriages also,” the Bench remarked.

The court also suggested that the regulations be revisited by a committee comprising eminent jurists, indicating the need for a more carefully drafted framework to address caste discrimination on campuses.

The UGC had notified the much-anticipated regulations on January 13, 2026, with the stated objective of strengthening mechanisms to tackle caste-based discrimination in higher education institutions. The 2026 regulations superseded the UGC’s earlier 2012 framework.

The regulations were framed pursuant to a public interest litigation filed in 2019 by Radhika Vemula and Abeda Salim Tadvi, the mothers of Rohit Vemula and Payal Tadvi, respectively. Both Rohit Vemula and Payal Tadvi had reportedly died by suicide after facing caste-based discrimination in their universities.

In early 2025, the Supreme Court had told the Union government that it intended to put in place a “very strong and robust mechanism” to genuinely address caste discrimination in educational institutions. The court had also granted liberty to the petitioners and other stakeholders to submit suggestions on the draft regulations.

Following consultations and stakeholder inputs, the UGC finalised and notified the 2026 regulations earlier this year, a move that has now been paused by the apex court pending further scrutiny.

(With Inputs from PTI)