India is a democratic nation, where law is equal for all. This is the basic idea of our Constitution. If somewhere wrong is being done to a general category student, he should also get justice. Work should also be done on creating such an environment where there are less chances of complaints.
Supreme Court bans UGC's equity rules.
There was no clear provision for investigation of false complaints.
Fears of injustice increased among general category students.
Dr. Brajesh Kumar Tiwari. Recently, the University Grants Commission (UGC) issued a notification named Promotion of Equity in Higher Education Institutions Regulations, 2026. These rules were intended to eliminate discrimination in educational institutions on the basis of religion, caste, sex, place of birth, race or disability, but these rules gave rise to widespread controversy. General category students were surrounded by the apprehension that under these rules they were already considered criminals. At present the Supreme Court has banned this.
There does not seem to be any concrete provision in these rules to check the veracity of the complaint or to filter out false complaints. Swift action is certain by immediately setting up a committee on every allegation, but procedures like examination of evidence, hearing of witnesses, confidentiality and appeal have not been clearly defined. How will a proper investigation be carried out in a hurry to take action as soon as the allegations are made? This is a big question. The question is also that how will the new guidelines of UGC be able to establish harmony between the goals of the National Education Policy-2020 and constitutional fairness? In fact, justice should not only be done, but should also be seen to be done, otherwise trust is broken.
From the legal point of view, according to Article 14, the new rules of UGC ignore the rights of equality, while Article 15(1) makes a provision to prevent discrimination on the basis of caste. Courts have time and again held that dignity, fairness and access to due processes are integral to the right to life and personal liberty. If a teacher or student faces caste-based discrimination and does not belong to a Scheduled Caste or Tribe or OBC, then not having any law to protect him is procedural injustice. The big thing is that the sections of the UGC guidelines do not match with each other. Rule-2 talks about eliminating discrimination against disadvantaged groups, on the other hand, Rule-3(c) limits the right to justice only to certain castes.
In February last year, the UGC had released the draft version of the rules for public suggestions. In this, Other Backward Classes (OBC) were kept out of the scope of caste-based discrimination. The draft rules also proposed that false complaints of discrimination should be 'discouraged' and there was a provision for penalty for this, but the provision related to false complaints was removed in the final notified rules. In fact, the removal of provisions dealing with false or malicious complaints emerged as a structural weakness in the guidelines.
According to the All India Higher Education Survey 2021-22, 60 percent of the students in higher education were from the reserved category. In such a situation, there is also a big question that what will happen if among these 60 percent students, someone discriminates on the basis of caste? These rules are silent on this. Just as there have been many instances under the Scheduled Caste/Tribe Prevention of Atrocities Act, 1989 and Anti-Dowry Harassment Section 498A, where false or incorrect cases were registered and innocent people were trapped, the same danger was also visible in the parity rules of UGC. Expressing concern over their misuse, the Supreme Court itself in 2018 had suggested preliminary investigation before arrest.
Renowned universities and educational systems around the world also embrace the principles of diversity and equality. Every university in the United States has an independent unit that investigates complaints of discrimination or harassment. In this investigation process, the rights of both the complainant and the accused are taken care of. The standards of evidence, opportunity for appeal, confidentiality etc. are clearly defined in the investigation protocol, so that justice is done and can be seen to be done.
Often an external or neutral investigator is appointed, the report is prepared in writing and both parties are given full opportunity to present their views. Similarly, in higher educational institutions of Britain, Australia etc., anti-discrimination policies are the same for everyone. If any student faces harassment, whether he belongs to the minority group or the majority, there is a provision for him to file a complaint and get justice.
Harvard, Oxford etc. have started regular sensitization workshops, mentoring programs and diversity course-work to develop mutual respect and sensitivity among students. The real meaning of equality is justice to all. Giving strength to one weak and weakening the other is not the solution. Taking everyone along is the only sustainable path. India is a democratic nation, where law is equal for all. This is the basic idea of our Constitution. If somewhere wrong is being done to a general category student, then he should also get justice. Work should also be done on creating such an environment where there are less chances of complaints.
(The author is a professor at Atal School of Management, JNU)
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