Why in News?
The constitutional validity of the UGC Promotion of Equity Regulations, 2026 is under scrutiny, with petitioners challenging them as enabling “reverse discrimination”, while the Union Government and UGC defend them as flowing from Article 15 of the Constitution to remedy historical injustices.
Description:
Key Terms:
- Substantive Equality: Equality that goes beyond formal equality to correct historical and structural disadvantages.
- Article 15(1): Prohibits discrimination by the State on grounds including religion, race, caste, sex, or place of birth.
- Article 15(2): Prohibits discrimination in access to public places and services.
- Article 15(4) & 15(5): Enable special provisions for socially and educationally backward classes, SCs, and STs.
- Caste-based Discrimination: Differential treatment or exclusion based on caste identity.
About the Regulations:
- Issued by: University Grants Commission
- Applies to: Higher Education Institutions (HEIs)
- Objective: Promote equity, inclusion, and non-discrimination in higher education institutions.
Constitutional Basis:
- Article 15 (Non-discrimination):
- Regulations derive legitimacy from Article 15(1) and Article 15(2).
- Aim to address historical oppression and exclusion of marginalised communities.
- Doctrine Applied: Substantive equality, not mere formal equality.
Key Provisions:
- Defines caste-based discrimination within educational institutions.
- Mandates institutional mechanisms to prevent discrimination.
- Emphasises inclusive access to education, resources, and grievance redressal.
- Shifts focus from individual incidents to systemic discrimination.
Relevant Judicial Reference:
- Sukanya Shantha case: Supreme Court reaffirmed substantive equality, holding that law must correct historical injustices rather than treat unequal groups identically.
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