What Are the UGC Promotion of Equity in Higher Education Regulations, 2026?
The Stated Objective: Ending Discrimination in Indian Campuses
Camouflage or Reform? Allegations of Electoral Motivation
Caste-Based Reservations: Do They Still Serve Dalits and OBCs?
Why Laws Alone Cannot End Caste and Religious Discrimination
Risk of Campus Polarisation and Misuse of Complaints Mechanisms
The OBC Question: Social Backwardness or Vote-Bank Politics?
National Interest vs Legal Validity: An Argument on Propriety
Former Supreme Court judge Markandey Katju critiques UGC’s Equity Regulations 2026, calling them politically motivated and harmful to unity in higher education….
A new fraud on the youth of India
By Justice Markandey Katju
The Promotion of Equity in Higher Education Institution Regulations 2026, framed by the University Grants Commission ( UGC ) under the University Grants Commission Act, 1956, have come into force from 13.1.2026, and are applicable to all higher education institutions in India
Their purpose, as stated in the Regulations, is '' to eradicate discrimination on the basis of religion, race, caste, gender, place of birth, and against people with disabilities, and to promote equity in higher education institutions ''.
To my mind, this ostensible purpose is a mere camouflage and a fraud on the youth of India, while the real purpose is to get votes in the coming elections in several states in India.
Before dealing with these Regulations, I may refer to my articles and statements in which I said that all caste-based reservations should be abolished, as they are in fact doing great harm to the Dalits ( SCs ) and so-called other backward castes ( OBCs ), while ostensibly purporting to benefit them.
It is said that the Regulations of 2026 were necessary because there is still a lot of discrimination against Dalits, OBCs, etc in higher education institutions.
It is true that there is a lot of casteism, communalism, etc in India, which results in discrimination. But that is because India is still a semi-feudal country. It is only when it is highly industrialised, like China or USA, that casteism and communalism will be destroyed. But such massive industrialization is possible in India only after a mighty united people's struggle, rising above caste and religion, led by modern minded leaders, which will be protracted ( maybe lasting 15-20 years ), in which great sacrifices will have to be made, culminating in a historical people's revolution, after which a new just political and social order will be created, under which there will be rapid industrialization of the country, the standard of living of the people steadily rises, and discrimination on the basis of caste and religion ends.
So it is wrong to think that caste and religious discrimination can be abolished by merely making laws and regulations. Only a mighty people's struggle and a people's revolution can do that.
In fact, to my mind the Regulations of 2026 will further increase casteism and communalism, thus further dividing the people, when the need of the hour is to unite them so as to launch a mighty united people's struggle against our rulers and politicians who seek to polarise our nation, relying on the policy of divide and rule, like our erstwhile British rulers. The new Regulations will only lead to a further, more intensive, caste and communal divide in our educational campuses.
While it is true there is still a lot of caste and religious discrimination in India ( including in our higher education institutions), these Regulations will now increase the number of false and motivated complaints. I remember a Professor in a Medical College telling me an incident. A Dailt student in the Medical College repeatedly failed in his examinations. Then the Professor was told by the higher authorities to declare him passed, otherwise the Professor will be accused of bias against the Scheduled Castes, and victimized. So in the next test, he had to declare the Dalit student passed, fearing adverse consequences, though in fact the student had again failed.
As regards the inclusion of OBCs (Yadavs, Kurmis, etc ) in the Regulations, this is another fraud, and is only motivated to secure their vote banks. I have pointed out in my article below that the so-called OBCs, who were indeed backwards at one time, are in fact no longer backwards today. Hence, reservations for them is now totally unwarranted and uncalled for.
One sees a lot of discussions and statements these days in the social media about the Regulations, and protests have started in many places, particularly by the upper caste youth, who feel it is directed against them.
I have not commented on the legality of the Regulations as that is a matter sub judice in the Supreme Court, where a petition has been filed challenging them, but have only presented my views about their propriety, considering the national interest.
(Justice Markandey Katju is a former Judge of the Supreme Court of India, and former Chairman of the Press Council of India. The views expressed are his own.)
