New Delhi’s Supreme Court delivered a blow to the UGC’s ambitious anti-discrimination overhaul today, staying its implementation pending further review. The decision came during hearings on petitions filed by concerned parties, with the court summoning the government and UGC for responses by March 19. In the interim, the longstanding 2012 regulations will prevail, averting what critics call a discriminatory overreach.
At the heart of the challenge is Section 3C’s redefined discrimination, which petitioners claim skews constitutional intent by confining protections to select categories. Vishnu Shankar Jain, a seasoned counsel, emphasized that India’s Constitution safeguards every citizen equally, not subsets alone. This ‘incomplete’ definition risks fragmenting unity in academia.
The bench delved into practical scenarios. Chief Justice Suryakant highlighted inter-regional biases—South Indian students mocked in the North without caste angles. Jain pointed to Section 3E as the safeguard for birthplace prejudice.
Another key grievance: the puzzling removal of ragging clauses. Lawyers warned of chaos, where innocent newcomers from open categories could face immediate criminalization. ‘Freshers jailed on day one?’ they queried, painting a dystopian educational future.
Chief Justice Suryakant’s poignant observation cut deep: Seven decades post-freedom, caste shadows linger. He grilled if the new rules exacerbate divisions. The court flagged ambiguous wording ripe for abuse, with Justice Bagchi probing overlapping sections like 2C and 2E.
As Solicitor General Tushar Mehta defended the constitutional angle, petitioners offered to draft superior alternatives. The stay underscores judicial vigilance, ensuring higher education remains a level playing field for all.