The Supreme Court has stayed the UGC Equality Regulations 2026... The 2012 regulations will remain in effect. Learn what's special about them..
The UGC Equality Regulations 2026 have sparked widespread controversy across the country. Meanwhile, on Thursday, the Supreme Court stayed the UGC Equality Regulations 2026. Hearing a petition filed by students, the Supreme Court stated that the UGC Equality Regulations 2026 lack clarity in their language, making them susceptible to misuse. The court directed the central government to amend the rules and constitute a committee. The Supreme Court also stated that until then, the UGC Equality Regulations 2012 will remain applicable to universities.
Let's understand what the UGC Equality Regulations 2012 are. We will learn what these regulations state, how discrimination is defined, and the time limit for resolving complaints.
By what authority did the UGC frame these rules?
Before discussing the UGC Equality Regulations 2012 in detail, let's understand by what authority the UGC framed these rules. The UGC is currently the primary regulatory body for higher education. All universities across the country (excluding technical and educational universities) fall under the purview of the UGC and must adhere to its regulations.
Therefore, on March 14, 2012, the UGC notified the UGC Equality Regulations 2012, exercising the powers conferred by sub-section (1) of Section 26 of the University Grants Commission Act, 1956 (3 of 1956). This is officially known as the UGC (Promotion of Equality in Higher Educational Institutions) Regulations, 2012.
What is the definition of discrimination in the regulations?
The UGC Equality Regulations 2012 define discrimination. It considers denying any student or group of students access to any type or level of education based on caste, religion, creed, language, ethnicity, gender, or disability as discrimination. Furthermore, any distinction, exclusion, limitation, or preference that has the purpose or effect of nullifying or impairing equal treatment in education is also defined as discrimination. Other points define discrimination, equality, and harassment.
Let's understand them point by point.
Imposing conditions on any student or group of students that are incompatible with human dignity.
Subjecting any student or group of students to provisions for establishing or maintaining separate educational systems or institutions based on caste, creed, religion, language, ethnicity, gender, or disabilities.
Equality means equal opportunities for all students in relation to the entitlement and enjoyment of all legitimate rights.
Persistent unwanted conduct that humiliates, demeans, or creates a hostile and intimidating environment will be considered harassment.
Measures the university must take against discrimination
The UGC Equality Regulations 2012, while outlining discrimination and harassment against students, also outline the roles of universities in taking measures against them. Let's look at the measures recommended for universities.
Protecting the interests of students without any prejudice towards their caste, creed, religion, language, ethnicity, gender, or disability.
Eliminating and prohibiting all forms of discrimination or harassment against any student in higher education institutions and providing protective measures.
Providing for penalties against those found guilty if a complaint of discrimination or harassment is found to be true.
Promoting equality among students from all sections of society.
Universities will follow the reservation policy for ST and SC students. They will not create rules that prevent ST and SC students from getting admission.
Universities cannot withhold or revoke the degrees, diplomas, or certificates of ST and SC students.
ST and SC students cannot be forced to pay fees for a course they do not wish to pursue.
Universities cannot demand more money from ST and SC students than the prescribed fees. Universities cannot exploit ST and SC students by improperly evaluating and re-evaluating their exam papers and giving them low marks.
Universities cannot exploit ST and SC students by delaying the announcement of their results.
Universities must provide ST and SC students with complete information regarding fellowship-related matters.
Universities cannot segregate ST and SC students from other students in hostels, messes, reading rooms, common rooms, playgrounds, or any other facilities.
Universities will ensure that targeted ragging does not occur against ST and SC students.
The Equal Opportunity Cell is mandatory.
Under the UGC Equality Regulations 2012, higher educational institutions are required to constitute an Equal Opportunity Cell to promote equality among all types of students. They are also required to appoint an Anti-Discrimination Officer. This officer should not be below the rank of Professor in the case of universities and deemed-to-be-university institutions, and not below the rank of Associate Professor in the case of colleges.
A decision must be taken within 60 days of the complaint
Under the UGC Equality Regulations 2012, any complaint made or submitted by a student or group of students regarding discrimination must be addressed within 60 days.
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