Supreme Court hears a PIL concerning caste discrimination, harassment, and institutional failure in higher educational institutions.
Bench: Justices Surya Kant and Joymalya Bagchi
#SupremeCourt #UGC
Bench: Justices Surya Kant and Joymalya Bagchi
#SupremeCourt #UGC
SG Tushar Mehta: we have published draft regulations. 391 suggestions and inputs were received. Thereafter an expert committee was formed. They have gone into it… Some of the suggestions have been found to be favourable. And a report has been filed before a UGC.
Sr. Adv. Indira Jaising: this was filed in 2019. Since then we have had much water flowing under the bridge. Several people have committed suicide. We are already aware that draft regulations have been published. We made the suggestions. 2 coordinate benches of this Court have attempted to address this issue as well.
Jaising: we already have 2 judgements that are attempting to grapple with the same issue. The specificity of this petition is on the issue of discrimination based on caste. The other 2 judgements are neutral in relation to caste. We are interested in preventing students from committing suicide. We came to court that the 2012 UGC regulations are not being implemented.
Justice Kant: your note is a summary of what’s narrated in the WP. To my mind there are about 10 points, like prohibiting discriminatory practices, mental health counselling, accrediting on and audits etc. our proposal is that now that the matter is pending with the UGC, We direct that these points may be considered by the UGC and the expert committee.
Jaising: a timeline may be put on this eternal exercise.
Jaising: a timeline may be put on this eternal exercise.
Justice Kant: we’ll put a timeline. Let them apply their mind and let us see how they revert back.
Jaising: we are looking forward to a judgement that addresses the issue of discrimination based on caste. Please leave it open for me to address you before the UGC finalises anything.
Jaising: we are looking forward to a judgement that addresses the issue of discrimination based on caste. Please leave it open for me to address you before the UGC finalises anything.
Order: the SG recounts that the suggestions received against the draft regulations were considered by an expert committee and their opinion is now under consideration by the UGC. In this regard, Indira Jaising Sr. Adv. has submitted a brief note highlighting various issues and suggestions to be incorporated in the regulations. The following issues have to be addressed:
1. Prohibiting discriminatory practices.
2. Non segregation.
3. Scholarship disbursal.
4. Grievance redressal
5. Protection of complainants
6. Personal liability for negligence
7. Mental health counselling
8. Accreditation and audits
9. Non-compliance
10. Conduct courses to support students of marginalised sections.
A copy of the brief note has been handed over to the SG. Let the same be forwarded along with this order for consideration of the suggestions. We have no reason to doubt that the UGC upon consideration of the suggestions as also those incorporated in the report of the expert committee shall take a final decision to notify the regulations. 8 weeks time is given.
1. Prohibiting discriminatory practices.
2. Non segregation.
3. Scholarship disbursal.
4. Grievance redressal
5. Protection of complainants
6. Personal liability for negligence
7. Mental health counselling
8. Accreditation and audits
9. Non-compliance
10. Conduct courses to support students of marginalised sections.
A copy of the brief note has been handed over to the SG. Let the same be forwarded along with this order for consideration of the suggestions. We have no reason to doubt that the UGC upon consideration of the suggestions as also those incorporated in the report of the expert committee shall take a final decision to notify the regulations. 8 weeks time is given.
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