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Calling it a sensitive issue, the Supreme Court on Friday said it will create an effective mechanism to deal with caste-based discrimination in educational institutions in the country.
A bench of Justices Surya Kant and Ujjwal Bhuyan directed the University Grants Commission (UGC) to notify draft rules to ensure that there is no caste-based discrimination against students in central, state, private and deemed universities. .
It directed the UGC to furnish data on the number of institutions which have complied with the UGC (Promotion of Equity in Higher Educational Institutions Rules) 2012, popularly called the “UGC Equity Rules”, to the Equal Opportunities Cell. Have been established.
“We are equally conscious of this sensitive issue. We will do something. We have to find some effective mechanisms and modalities to see that the 2012 rules are transformed into reality,” the bench said.
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It sought the Centre’s response on the issue and asked the UGC to submit data within six weeks on complaints of such discrimination among students in all universities and higher education institutions besides taking consequential action.
Senior advocate Indira Jaising, appearing for the mothers of students Rohit Vemula and Payal Tadvi, who allegedly committed suicide after facing caste-based discrimination, said that since 2004, more than 50 students (mostly from SC/ST) have enrolled in IITs. I have committed suicide. Other institutions after facing such discrimination.
While Vemula, a PhD scholar from Hyderabad Central University, died on January 17, 2016, Tadvi, a student of TN Topiwala National Medical College, died on May 22, 2019, after alleged discrimination by three doctors at her college.
The bench said that a PIL was filed in 2019 but no concrete hearing has been held on the issue so far.
Justice Surya Kant said, “From now on we will list this petition from time to time so that some effective solution can be found in the matter as nothing has happened since 2019.”
Counsel for the UGC said that a committee constituted by it gave recommendations and the Commission drafted new rules to prevent caste-based discrimination.
“The draft rules should be put up on the website to invite objections and suggestions from the public in a month’s time and thereafter it will be notified,” he said.
The bench questioned the UGC on the delay and said that it slept for so long and did not come up with new rules.
“How much time is required to notify the new rules? You do it in a month and put it on record,” the bench said. The bench posted the matter for six weeks.
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It sought the assistance of Solicitor General Tushar Mehta on the matter as well as the response of the National Assessment and Accreditation Council, an autonomous body under the UGC that evaluates and accredits higher education institutions.
On September 20, 2019, the apex court issued notice on the PIL which also sought implementation of fundamental rights, particularly the right to equality, the right to be prohibited from discrimination against caste and the right to life.
The petition alleged “widespread prevalence” of caste-based discrimination in higher educational institutions across the country.
The petitioners sought directions to the Center and the UGC to strictly implement the 2012 rules and ensure compliance.
Seeking directions to the Center and the UGC, the plea sought to ensure that all educational institutions, besides setting up an equal opportunities cell on the lines of the existing anti-discrimination internal complaint mechanism, ensure that “the Comply with the rules, and have representation from SC/ST, NGOs or social sector to ensure objectivity and impartiality.
Further, all universities were sought to be directed to take strict disciplinary action against harassment of students or staff on caste-based discrimination and to protect students from any hostility on campuses.
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