The reasons for the confusion and distrust regarding equity, equality, social justice and fairness

The rules which were made for the rights, interests and social security of SC, ST, OBC classes for the sake of ‘promotion of equality’ in higher education institutions, due to which the violence, abuse and caste discrimination that is happening in higher education institutions are being forced to endure in academic institutions – both private and government. Whereas the SCHEDULED CASTE AND SCHEDULED TRIBES (PREVENTION OF ATROCITIES) ACT 1989 law was made to provide them social security legally. So that all the caste violence, discrimination, atrocities, oppression and sexual harassment happening against SC ST can be stopped. Basically, these crimes include caste-based abuse, insulting the deprived community in public places, forcibly evicting them from their land and sexual exploitation. Against this, arrangements were made for arrest, compensation, rehabilitation.

A proposal was passed to set up special courts for crime prevention as soon as possible and on 31 March 1995, this law was implemented across the country under equal civil security and rights. Despite this, what happened in the last 30 years since then? Did the incidents of crime increase or decrease? What percentage of cases were registered and how many were resolved? Did the crimes against SC, ST decrease? Even the National Scheduled Caste, Tribal Commission was formed. And Article 17 was legally enacted to abolish untouchability, Articles 15(4) and 16(4) to allow reservations and prohibit caste discrimination, Article 46 to promote economic interests in education, and Articles 341 and 342 to list SC/ST identities.

Furthermore, the powers vested in Article 35 against social injustice were also implemented. But what is the actual meaning of these laws in the country? What do crime statistics prove? Has there been any decline in the most heinous of all crimes, sexual violence? The answer to all these questions is no, absolutely not. Nothing of the kind was legally implemented. Papers were simply blackened, and every moment, innocent and innocent Bahujan people were left vulnerable to casteist, violent religious extremists, and academic Brahminist fundamentalist forces. Now, on the pretext that the law has been passed, defend yourselves.

Now let’s discuss the UGC Act 2026. Since neither the UGC is located outside the country, nor is the UGC system separate from powerful benches, abbots, and the notorious criminals of the academic system, the reservation system is not valid. No institution is capable of filling the vacant seats reserved for SCs, STs, and OBCs under the UGC and the Constitution. On the one hand, there is the question of the backlog of SCs and STs that has remained vacant for 75 years since independence. These posts have been declared NFS (over 80% of OBC and over 83% of SCs and STs are still vacant), and these same posts have been converted to the general category in every third notification. There has been no protest against this by SCs, STs, and OBC groups across the country. While reserved positions were unconstitutionally distributed to unreserved categories like sweets. The UGC and the SC/ST/OBC Commission never documented this matter, nor did they take any serious action. Neither SC/ST regional parties nor Members of Parliament raised this issue in Parliament. Nor were any review meetings ever held that resulted in any serious reconsideration of these matters.

Especially after globalization, when academic awareness began to grow from the 1990s onwards, around 1995, the academic system cleverly accelerated the NFS, ultimately implementing the roster system. This completely disregarded the Constitution and reservations, and established a fearless anti- reservation system. However, the UGC never questioned it. Similarly, the UGC did not object to the changes made to the curriculum, especially within these 15 years. Although the UGC 2026 Regulations are considered revolutionary for the interests of marginalized communities, especially in relation to caste discrimination and oppression, the UGC and the government did not stop the protests by upper castes across the country during its implementation. Instead, the media and academic institutions worked together to strengthen and consolidate these protests. However, OBCs were granted reservations in 1990 so that marginalized communities could unite and represent themselves. But on the one hand, 49.5% reservation was provided to 85% of the underprivileged population. On the other hand, 50.5% was quietly implemented for 15% of the population, and not only that, but they also achieved a 95% share of all resources across the country.

Consequently, all resources, from the media to the economy, are firmly in the hands of the unreserved. SCs, STs, OBCs, minorities, and women cannot usurp their rights even if they so desire. All the unconstitutionally filled positions cannot be vacated, nor can the upper castes. When all the high-level positions and other employment resources, from Parliament to all the pillars of democracy, have been completely handed over to them, should we assume that the UGC and constitutional institutions will do justice for the underprivileged, or are they merely plotting a deliberate conspiracy through paperwork? In the ongoing political, social, and cultural game within democracy, academics, parliamentary leaders, constitutional criminals, ascetics, monasteries, temples, Hindu religious fundamentalists, and liberal groups are united and fighting tooth and nail against the marginalized. They are exercising the freedom of speech and expression guaranteed under Article 19, and the right to assemble. While the marginalized seem to be barred from exercising these very rights, political and administrative conspiracies and plots are being hatched to break this strong bond. The legal system is supporting the armed Hindutva groups and the violent processions of upper-caste groups. The law enforcement and upper-caste media, ostensibly for their part, provide public security to their processions and demonstrations, yet take no action despite the vandalism, anarchy, and violence. Since the matter concerns the upper castes, the law sits silent like Gandhi’s three monkeys, but when it comes to the rights of the deprived, these same monkeys, wearing the legal garb, enter the deprived communities like madmen and are involved in riots with the mob to grab their rights, scratching, biting, inflicting injuries in various ways, and have come out on the streets against the deprived.

Following protests against the UGC Regulations 2026 by a mere 3% of upper castes, SC, ST, OBC, and minority groups have joined forces to promote equality in higher education, organizing rallies, processions, demonstrations, and protests in support of UGC 2026. The administration has resorted to lathicharges and violent action against them. The police and law enforcement are standing firmly in the face of the upper caste groups in the academic system, opposing the movement of the reserved categories.

While there has been no discussion yet on the shortcomings and flaws within the 2026 Regulations, how to make amendments and implement them    more    stringently. The introduction provided by the UGC reveals a significant lack of transparency and analysis. In this context, three key points are worth noting:

1. First, the National Education Policy 2020 addresses complete equity and inclusion.What are the shortcomings that were not included in the rules and conditions, intentionally or accidentally, due to lack of time or intent? These are important to highlight. Finally, how is complete equity and inclusion defined? No detailed analysis is available here. Equity involves both social justice and racial justice. What kind of justice is the UGC referring to? It is unclear, given that there are separate legislations for justice and equality. How fair is this inclusion? To what extent is it just and neutral? There is no clear delineation of Equality involves rights to resources and opportunities based on individual needs – While equity involves natural justice, free from prejudice and bias, promoting fairness. Equity essentially provides needy groups with access to resources and opportunities, according to their needs and demands. Whereas equality provides benefits, resources, and opportunities to those in need so that they can stand on equal footing with others. Equity advocates for economic rights for disadvantaged groups. What kind of strict rules does the University Grants Commission recommend for groups that are against discrimination? This is not a punitive law.
2. The purpose of the UGC’s 1956 and 2012 subsections appears to be that all are equal, meaning that all classes, castes, races, religions, whether forward, backward, deprived, physically disabled, economically weak, etc., will receive equal value, recognition, economic, social, and educational equality, and resources. So, how can this institution, which advocates for and represents only the deprived classes, groups, castes, and the Bahujan population living below the poverty line, make decisions? How can the Supreme Court then stay the protests and unreasonable demands of upper castes? What is the meaning of the abbreviation (c) of the UGC, which is an autonomous institution and abides by the Indian Constitution?The requirement that the Equality Committee be headed by a person holding the position of head of an educational institution is itself a discriminatory system. Since 98% of central and state universities are dominated by upper castes, how can one expect justice for the deprived in accordance with the principles of equality? There is no precise explanation for how the Samata Helpline will operate transparently and impartially.The role of the Equal Opportunity Center and how this system will function in a systematic and legal manner have not been elaborated upon.

   Representation of the underprivileged is completely absent among faculty members. Therefore, how can an equal division of SC, ST, OBC, minorities, and marginalized women be achieved in the committees formed for justice? To achieve this, vacant reserved positions should be filled first thing in the year, and until then, all universities should work together to provide faculty members to the committees for the rights of the underprivileged. This provision should be added to the list.

3. While the term “complaint” refers to the aggrieved person in this regulation, the aggrieved person can belong to any community, class, caste, gender, religion, or This increases the likelihood of complaints of serious harassment being mixed with other complaints. It would be appropriate to use the sections applicable to marginalized communities rather than the aggrieved person. Harassment of students occurs in various ways. To specify this, the regulation and sections of the SC, ST, OBC Act and the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 should be added.The institution should be headed by a bench of three High Court judges, with a female member representing an SC, ST, OBC, minority, or marginalized community. The head of the institution should also be the head of this committee. The Vice-Chancellor should not be appointed as the head of this committee.The Lokpal should be appointed for a one- year term, and the Lokpal should consist of three members, including a Deputy Lokpal and an Assistant Lokpal, all selected from reserved categories. So that there is no doubt about justice. The amicus curiae option is baseless.

   Measures for promoting equality, procedures for discriminatory actions, appeals, and monitoring, along with consequences for non- compliance, are specified as if they were a scheme of an NGO registered organization, working to bring together all sections of society for collective and holistic development. This should be made more concrete and legal, and the punitive triangle should be implemented more strictly.

What should be included in this regulation

The draft provisions of the Indian Penal Code concerning women from SC, ST, OBC, minorities, and marginalized communities (why no punitive action was ordered against complainants who have submitted their grievances in any form) should be approved for reconsideration. Review meetings should be held, especially for long-pending files under the RTI Act 2005 and complaints filed against decisions against marginalized individuals. It should be ensured that 50% of cases are resolved within six months. Review should be allowed for all pending, dismissed, and marginalized cases under the Lokpal since 2005. Discriminatory decisions in all serious cases filed by marginalized individuals should be included in this regulation, so that review petitions can be filed against decisions against marginalized individuals. Third, what standards were coordinated and determined? Despite the fact that this draft is still too full of shortcomings and flaws to be fully implemented, which is why doubts and distrust persist.

The preamble lays out the foundation for all decisions of the National Education Policy 2020: “Complete Equity and Inclusion,” ensuring that all students progress in the education system.

According to data from the University Council of  ‘The Wire’ caste-based discrimination in universities has increased by 118%. To curb this increase, shouldn’t stricter regulations and guidelines be implemented? Permanently banning the perpetrators is not enough; they must be punished severely under the law, whether they are administrative officers, faculty, students, or employees.

Advice and Amendments

Just as in January, higher education institutions were asked to establish equality committees and equal opportunity centers, 24/7 helplines, and other online complaint mechanisms. Similarly, the number of counselors should be increased to solicit ideas for other redressal measures. In cases of harassment and sexual assault involving students from disadvantaged communities, at least one academic scholar, both male and female, selected from the disadvantaged community, representing the disadvantaged community from the Department of Psychology, Department of Sociology, and the complainant’s department, should be included in the “COMMEETEE FOR DESCRIMINATION AGAINST (CASTE, CLASS, GENDER, AND PHYSICALY HANDICAPED), DEPRIVED CASTSE (SC, ST, OBC, MINORITY AND DEPRIVED SECTIONS), and the Committee for Protection and Prevention of Exploitation, Harassment, and Sexual Violence for SC, ST, OBC, Minority, and Deprived Castes” to expedite the resolution of the matter. These committees should be formed, rotating every two years. Each university should report to the UGC every six months regarding the committee’s grievance resolution and the appointment of the jury. Similar committees should be formed within the Higher Education Department in each state, where experienced and high-quality officers and subordinate staff from disadvantaged communities should be appointed in equal proportions.

Additionally, a similar committee should be formed within the Education Ministry, comprised of officials and employees from marginalized communities. This ensures that any case is filtered at every level, and that decisions are not made due to collusion or personal bias at lower levels. Similarly, a similar committee should be formed within the Central Education Ministry to enable higher authorities to take cognizance of these cases and conduct review meetings to resolve them. Appropriate action and penalties should be provided for any shortcomings in the resolution process. Furthermore, annual reports should be submitted on all these cases to maintain transparency in matters of protection for the marginalized.

Most importantly, complaints filed after 2006 by students and teachers, university employees, and officials belonging to marginalized communities and castes should be assigned to these committees for re- examination, reconsideration, and review. Especially those cases where the plaintiff/complainant failed to receive justice and their families suffered the consequences. Additionally, all governments, both state and central, should provide compensation, a job with dignity, a fair and acceptable amount, including interest, for those who have suffered physical, mental, and sexual harassment, as well as socio-economic humiliation. They should also guarantee security.

Defects in the bill

Privileges and protections should be guaranteed for disadvantaged communities, especially during probation. No powerful person from the reserved or unreserved category can threaten, force, or harass probationers from disadvantaged communities, or create unethical grounds for torture based on prejudice against them. If such a person is found guilty, the university administration and the committee formed for the rights of the disadvantaged should expel them from their jobs, even if the departmental scholar/senior/employee themselves belong to the disadvantaged community.

The objective of justice and punishment has not been fully defined in a transparent and specific manner.

The NCRB 2020-2022 report reveals that when the Ministry of Social Justice and Empowerment discussed caste-based harassment data in the Rajya Sabha, a total of 50,291 cases were reported in 36 states in 2020, 50,900 in 2021, and 57,582 in 2022.

The National Crime Records Bureau confirmed the registration of 67,000 cases. Prior to this, the SC/ST Act was amended in 2015, making it more stringent. Subsequently, it was further amended in 2018. Between 2019 and 2021, 35,950 students committed suicide, primarily due to social discrimination and academic harassment. In 2022, 31,516 cases of sexual violence, harassment, and rape were reported.

Such situations are evident. The reasons behind the rise in oppression, exploitation, harassment, and sexual crimes are increasing every year. In contrast, the effectiveness of the UGC 2026 Bill needs to be discussed in a civil, serious, and formal manner by legal experts, social activists, and human rights members, along with officials representing the Scheduled Castes, Scheduled Tribes, and Minority Commissions, and especially those representing marginalized communities in the Women’s Commission. So that any shortcomings, flaws, and suggestions can be addressed within a year, along with the bill’s implementation. Because there are many drafts that are still missing that desperately need to be discussed.