Court demands tough action on campus caste discrimination

India’s highest court has said a “robust mechanism” is needed to combat caste-based discrimination in prestigious higher education institutions, including the Indian Institutes of Technology (IITs) and Indian Institutes of Management (IIMs).

The court expressed deep concern over the alarming number of student suicides linked to caste discrimination, with 18 cases reported in the past 14 months, underscoring the urgent need for systemic intervention. The figure revived claims of discrimination against students from marginalised and disadvantaged groups at elite institutions.

Caste discrimination in Indian universities frequently leads to academic exclusion, mental health issues, and reduced opportunities, which can tragically result in student suicides. This problem has garnered more attention as institutions work to tackle the biases impacting marginalised communities.

On 28 February, a Supreme Court bench comprising Justice Surya Kant and Justice N Kotiswar Singh heard a petition from the mothers of Rohith Vemula and Payal Tadvi, two students who took their own lives after experiencing caste discrimination. The petition stressed the prevalent caste bias in higher education institutions (HEIs) and called for the court to enforce stringent measures to tackle such bias.

During the proceedings, the bench observed that the University Grants Commission (UGC), the regulatory body for higher education, should be empowered to impose penalties on institutions that do not take measures to prevent caste-based harassment.

The Supreme Court assured the petitioners of its commitment to establishing a comprehensive framework to address caste discrimination and ensure accountability within educational institutions.

“We will create a robust mechanism to address this issue and pursue it to a logical conclusion,” the bench affirmed.

Focus on the tragic deaths reignited

This case has reignited focus on the tragic deaths of Rohith Vemula, a PhD scholar at Hyderabad Central University who died by suicide in 2016, and Payal Tadvi, a medical student at TN Topiwala National Medical College in Mumbai, who ended her life in 2019 after enduring caste-based harassment.

During the hearing, the court was informed that there have been 115 suicides at Indian Institutes of Technology (IITs) between 2022 and 2024. Acknowledging the gravity of the situation, the court said it intends to conduct regular reviews to ensure the effective implementation of regulations.

The UGC has been tasked with collecting and presenting data on complaints as well as the working of Equal Opportunity Cells in HEIs across the country. This effort aims to address systemic issues and foster inclusivity within academic environments.

Both Vemula and Tadvi faced caste-based bias. Vemula reported experiencing caste discrimination and institutional harassment, while Tadvi, a tribal medical student from Mumbai, tragically took her life due to bullying from senior doctors related to her caste.

Their deaths drew national attention and ignited considerable social and political outrage; however, over time, their stories have faded from public focus, overshadowed by other distressing reports of violence and abuse.

During the court proceedings, senior advocate Indira Jaising, representing the mothers, informed the court that universities and colleges had not yet submitted complete data regarding suicide incidents on their campuses, despite a previous court order mandating this information.

Jaising pointed out that about 40% of universities and over 80% of colleges had not implemented systems to address inequalities among student populations, particularly concerning caste and gender.

Low compliance rate

The apex court acknowledged the low compliance rate and emphasised the need for stricter enforcement. Several IITs, IIMs, and law schools failed to respond to the UGC’s request for data related to Equal Opportunity Cells (EOCs).

EOCs in HEIs are designed to ensure that all students and staff have equal opportunities and are treated fairly, promoting diversity and fostering positive relationships.

Solicitor-General Tushar Mehta, representing the government, stated that the UGC had developed draft regulations addressing many concerns raised by the petitioners. These draft regulations are now available on the UGC website for public and stakeholder feedback.

The UGC’s proposed rules aim to prevent caste-based discrimination in universities and impose penalties on institutions that do not comply. Non-compliant HEIs may face de-recognition, funding cuts, and other sanctions.

The UGC also recommends establishing equity committees with SC-ST(Scheduled Caste and Scheduled Tribe) representation, grievance redressal cells, and stricter penalties for violations.

Affirmative action promoted

Scheduled castes and tribes are groups listed under the Indian constitution as being particularly disadvantaged. Federally funded higher education institutions ‘reserve’ some 7.5% of places for scheduled tribes and 15% for scheduled castes, which include Dalits – formerly known as ‘untouchables’.

Since 2008, an additional 22.5% of places have been reserved for other socially, educationally, and economically disadvantaged students, or so-called ‘OBCs’ (Other Backward Classes), in a bid to promote affirmative action.

Many academics argue that the under-representation of SC, ST, and OBC faculty members contributes to student alienation. According to them, adequate representation could provide essential mentorship and support for marginalised students.

Some students and academics said the caste discrimination in educational institutions should be criminalised, similar to existing laws against ragging and sexual harassment.

Anil Chamadia, Dalit activist and former professor at Mahatma Gandhi Antarrashtriya Hindi Vishwavidyalaya (Mahatma Gandhi International Hindi University), stated: “As the court pushes for stricter measures, there is hope that this intervention will lead to concrete changes in higher education, ensuring a safer and more inclusive academic environment for students from marginalised communities.”