Introduction 

The University Grants Commission (UGC), India has notified the Promotion of Equity in Higher Education Institutions Regulation, 2026 (for the purpose of strengthening even further the existing provisions against discrimination based on caste and other forms). These regulations also replace UGC regulations established in 2012 regarding the prevention of ragging and discrimination in higher education institutions. There is some controversy regarding UGC 2026, as protests have occurred and many have initiated legal proceedings to challenge it, and the Supreme Court is now involved regarding UGC 2026.

Reason behind New Guidelines 

To address the increasing concerns regarding discrimination and exclusion of students within the higher education system, the UGC issued regulations for 2026. For many years, students have reported issues, provided written representations, and engaged in discussions in the public domain about the 2012 Guidelines being primarily an advisory instrument and lacking strong enforcement provisions.

There were calls for a stronger, more comprehensive, and enforceable policy that would ensure that students from SC, ST, OBC and other marginalised groups have access to an environment where they can pursue their education without discrimination, harassment, or bias. These regulations are intended to respond to these requests and to create a consistent grievance redressal mechanism for all universities and colleges.

These recent UGC regulations were also developed to align with Articles 14, 15, and 21 of the Constitution of India which provide for equality and the overall vision for inclusive education as set out in the National Education Policy (NEP), 2020.

Objectives of the 2026 Regulations

The main objectives of the UGC Equity Regulations, 2026 are:

• Providing equal access to higher education by creating equitable and inclusive postsecondary education for all persons, regardless of caste, creed, religion, gender, disability, or place of origin.
• Preventing discrimination against women and ensuring that they will not be discriminated against through any institutional or other mechanism on university and college campuses
•  Creating standardised formalised procedures for campus grievance resolution through an Equal Opportunity Centre (EOC) and Equity Committees at every university and college
•  Making it mandatory for post secondary institutions to comply with these regulations through penalties imposed for non-compliance
• Holding institutions accountable by requiring them to submit an annual report of any complaints made to the UGC regarding how many complaints have been received and what actions have been taken to resolve complaints to the UGC
• The intent of the regulation is to provide a safe and welcoming environment for all students on postsecondary institution campuses while complying with the Constitution of India.

 The Changes Introduced

The 2026 regulations introduced several new institutional mechanisms and procedural requirements:

• All post-secondary institutions must have an Equal Opportunity Centre (EOC) that meets minimum standards.
• Each university/college must establish an Equity Committee to oversee issues surrounding discrimination and establish an Equity Squad to investigate and address complaints.
• Establish a 24×7 helpline/web portal to facilitate the registration of complaints against acts of discrimination.
• Establish specific time periods in which to conduct the investigation into the complaint and the resolution of the complaint.
• Report periodic performance (reporting) to the UGC on the nature and number of complaints filed with the institution.
• Failing to comply with these regulations will result in the loss of grants or recognition from the UGC as a penalty.
• These regulations extend the scope of protection from SC/ST students to OBC and other minority groups.

Comparison with the 2012 Guidelines

The 2012 UGC regulations were mainly aimed at curbing caste- based discrimination against students from SC and ST backgrounds. They were largely voluntary in nature and depended on the goodwill of institutions to ensure compliance with them.

By contrast, the regulations that will come into effect in 2026 include the following major changes:

1. The new regulations will be mandatory and enforceable, as opposed to being only advisory.
2. The new regulations will extend beyond to include OBCs and to provide protections to a broader category of vulnerable students.
3. Multiple institutional bodies (in addition to the grievance committee) will be established to address the issues set out in the new regulations.
4. Non-compliance with the new regulations will result in the imposition of penalties.
5. Discrimination and harassment will be defined in much broader terms than under the 2012 regulations.

Impact on Students and Universities

Effects on Students

Students belonging to disadvantaged populations benefit from these regulations because they give them a supporting mechanism in addition to facilitating easier access to the complaint process. They intend to provide students with a sense of safety from reprisals and to encourage them to report instances of discrimination.

While students in general categories (i.e., non-reserved) have expressed concern that the regulations do not adequately protect them from false or retaliatory complaints against them, and they have expressed concern that the vague definitions of discrimination may also create opportunities for abuse and stigma.

Effects on Universities

Universities were required to establish new organizations, hire new employees, and maintain records. Additionally, the universities were subject to potentially penalizing sanctions for deficiencies in procedures. Universities, in general, were unclear as to how some provisions would be implemented.

 Why Protests Erupted? 

Students from colleges including Delhi University started to protest because of the one-sided nature of the rules regarding adoptions in regard to which groups of students. The protesters said:

• The rules were focused on certain student groups and did not give students in the commons enough representation on committees.
• Some of the rules promote divisiveness rather than unity within colleges.
• Many of the rules have ambiguous language that creates room for arbitrary action.
• The protesters asked for the immediate rescission of the new federal rules and to immediately restore the original guidelines that were in existence up to and including 2012.

Criticism of the Regulations

1. Lack of clarity in the definition of discrimination (Regulation 3(c)- discrimination by caste is viewed to lack specificity, therefore deemed too broad/vague)
2. Lack of protection from falsely alleging/charging someone with a discriminatory violation, including any punishment for malicious allegations made
3. Threats to the realm of academic freedom – these new regulations are deemed to have an inhibiting impact on freedom of speech and from an academic perspective may have a chilling effect on freedom of speech by having such vague definitions
4. Overreach of institutional authority (both if these new regulations apply and exist outside the authority of any educational institution)
5. The vagueness of the new regulations results in the potential for misuse; hence could be viewed as significantly impacting or impeding the rights of an individual or member of a protected class (as defined by Regulation 3, and the negative impacts that could result).

What Supreme Court Has Said

The UGC Equity Regulations, 2026 have been suspended by the Supreme Court of India and the 2012 regulations will continue to be effective until the Court makes its determination as to whether the UGC Equity Regulations, 2026 comply with the constitutional test of legality.

The Court noted that Regulation 3(c), which defines what is considered “caste discrimination,” is highly unclear and subject to interpretation. The Court stated that it intends to evaluate whether the Caste-based regulations fall within the scope of the constitutionality and legality. 

The Court also referenced the non-reserved category students who may experience discrimination based on their caste and/or being treated unfairly.

Conclusion

The UGC Equity Regulations 2026 were enacted to promote inclusiveness and prevent discrimination within postsecondary educational institutions. However, the vagueness of the regulations, lack of due process, and perceived inequity generated protests and litigation. The ongoing involvement of the Supreme Court emphasizes a need for clarity, equity, and constitutional legitimacy regarding the development of such regulations.

The future of these regulations now rests upon judicial evaluation and potential amendment or revision. The challenge is to achieve a balance between protecting the needs of (vulnerable) students while ensuring that college campuses serve as venues for the unity and free exchange of ideas and for equal treatment by the justice system for all individuals.