When Right to Education and Right Against Discrimination Intersect

On January 14, the University Grants Commission (UGC) notified new updates on the anti-discrimination regulations that have been in place since 2012. The new rules mandate that all higher educational institutions in the country set up ‘equity’ committees. The updated regulations are notified in the context of caste-based discrimination in universities, which has increased by 118.4% in the last five years, according to a UGC report submitted to a parliamentary panel and the Supreme Court.

The data was compiled following a Supreme Court directive to collate and submit information on caste discrimination complaints under the 2012 regulations. According to the report, the resolution rate on such cases is at around 90%, although the number of pending cases rose during this period, reaching 108 in 2023–24, up from 18 in 2019–20.

In 2019–20, a total of 173 cases were reported. This number increased to 182 in 2020–21 and 186 in 2021–22, before rising more sharply to 241 in 2022–23 and 378 in 2023–24.

The panel recommended the establishment of on-campus counselling centres with trained mental health professionals, along with 24/7 helplines, and online counselling services to address the psychological impact of discrimination on students.

In an affidavit filed on February 27, the UGC said it had received responses from 3,522 higher education institutions, including central, state, private, deemed and affiliated colleges. According to the affidavit, 3,067 Equal Opportunity Cells and 3,273 SC/ST Cells have been set up, which together received 1,503 complaints, of which 1,426 were resolved.

Rohith Vemula Act

When UNESCO adopted the 2030 Agenda for Sustainable Development in 2015, the international community noted that “education is essential for the success of all 17 of its goals”. Sustainable Development Goal 4, in particular, says it aims to “ensure inclusive and equitable quality education and promote lifelong learning opportunities for all” by 2030.

In India, however, access to education was always a complicated goal due to existing oppressive systems such as the caste system. While caste-based discrimination in educational spaces has always been contentious, it came into sharp national focus in 2016 when the suicide of PhD scholar Rohith Vemula at the University of Hyderabad sparked nationwide protests. The issue later reached the Supreme Court.

On January 3, 2025, the apex court directed UGC to collate data on caste discrimination complaints under its 2012 regulations.

In India, access to education has long been complicated by entrenched oppressive systems such as caste. While caste-based discrimination in educational spaces has always been contentious, it came into sharp national focus in 2016 following the suicide of PhD scholar Rohith Vemula at the University of Hyderabad, which triggered nationwide protests.

A decade after Vemula’s death, the Karnataka and Telangana governments have taken up the decision to enact the Rohith Vemula Act, another measure to address caste-based discrimination and atrocities in higher education institutions. The act was drafted by civil society members in Bengaluru, which Rohith’s mother Radhika Vemula submitted in a memorandum to Telangana Deputy Chief Minister Mallu Bhatti Vikramarka.

The Rohith Vemula Bill covers “direct, indirect and institutional discrimination and harassment”, and proposes civil remedies for survivors and penalties for perpetrators. In Karnataka, the Siddaramaiah-led Congress government is expected to place the draft in the Winter Session of the state Legislature between December 8 and 19, with Telangana to follow suit shortly, as officials have indicated.

While many things plague the Indian education system, caste still continues to be one of the major concerns as it systematically excludes the very people education is supposed to uplift. Although the new laws would not solve it, they could, if enacted, help the fight against it.