-Ramphal Kataria
From Mandal to Management: Caste Politics and the UGC’s Equity Regulations, 2026
Abstract
The University Grants Commission’s Promotion of Equity in Higher Education Institutions Regulations, 2026 mark a shift from advisory norms to enforceable institutional obligations in Indian higher education. While framed as a progressive intervention against discrimination, the regulations have generated intense controversy, culminating in their stay by the Supreme Court in January 2026. This article critically examines the regulations through the lenses of constitutional equality, caste politics, and historical experience with affirmative action. It argues that the inclusion of Other Backward Classes (OBCs) within an institutional equity framework—absent any substantive educational or employment entitlements—amounts to symbolic recognition rather than material justice. Drawing on National Crime Records Bureau data on atrocities against Scheduled Castes and Scheduled Tribes, the article demonstrates that the central crisis lies not in over-protection but in chronic under-enforcement and low conviction rates. By blurring the historical and legal specificity of SC/ST protections through executive regulation, the 2026 framework risks diluting social justice while reigniting caste antagonisms. Situating the regulations within the longer trajectory of Mandal politics and the strategic mobilisation of caste identities by the BJP–RSS combine, the article contends that the regulations function less as an instrument of equity and more as a form of political signalling in a period of electoral realignment.
On 13 January 2026, the University Grants Commission (UGC) notified the Promotion of Equity in Higher Education Institutions Regulations, 2026, replacing the 2012 anti-discrimination framework. The stated objective was to move from advisory guidelines to binding institutional obligations for universities and affiliated colleges. In form, the regulations appear progressive: they mandate Equal Opportunity Centers (EOCs), Equity Committees, 24×7 helplines, equity squads, and time-bound grievance redressal.
Yet, almost immediately, the regulations triggered widespread controversy, legal challenge, and student protests—primarily from sections of the general category. By late January 2026, the Supreme Court of India stayed the operation of the 2026 Regulations, describing them as “vague, sweeping and capable of misuse”, and directed that the 2012 Regulations would continue to operate pending final adjudication.¹
The controversy is not merely about procedure or drafting. At its core lies a deep political and constitutional question: Does the inclusion of OBCs within an institutional “equity” and “caste discrimination” framework strengthen social justice, or does it dilute the hard-won protections available to Scheduled Castes and Scheduled Tribes?
From Advisory Norms to Enforceable Duties
The 2026 Regulations significantly expand the compliance burden on Higher Education Institutions (HEIs):
Mandatory Equal Opportunity Centers tasked with counselling and inclusion;
Equity Committees, chaired by the Head of the Institution, with representation from SC, ST, OBC, women and persons with disabilities;
Equity Squads and Ambassadors for campus surveillance;
A 24-hour acknowledgement and 15-day resolution timeline for complaints;
Personal responsibility of Vice-Chancellors and Principals, with penalties including withdrawal of UGC grants and recognition.
On paper, this marks a decisive shift from moral persuasion to regulatory coercion. However, two structural problems immediately stand out.
First, the regulations apply only to UGC-regulated universities and colleges, leaving out centrally established institutions such as IITs, IIMs, AIIMS and similar bodies, thereby creating a fragmented equity regime. Second, the regulations fail to define “discrimination” with analytical clarity, focusing instead on the perception of discrimination—an approach that obscures historical power asymmetries in Indian society.
The OBC Inclusion Question: Symbolism Without Substance
The most contentious feature of the 2026 Regulations is the explicit inclusion of OBCs within the equity charter, alongside SCs and STs. This inclusion is not accompanied by:
any new educational entitlements,
any employment guarantees,
any remedial academic support mechanisms, or
any addressing of the massive backlog in SC/ST/OBC faculty recruitment, which exceeds 60 per cent in several central universities.
Instead, OBC inclusion operates almost entirely at the level of grievance redressal and symbolic parity.
Unlike the Mandal Commission (1990 and 2006)—which extended material benefits such as reservation in jobs and educational institutions—this framework offers procedural recognition without redistribution. There was no sustained demand from OBC organisations for inclusion in such an institutional discrimination framework. Many dominant OBC castes—Yadavs, Jats, Gujjars, Kurmis—are numerically strong and politically influential in northern India, often controlling local administrations and campus politics.
The question, therefore, is unavoidable: Who does this inclusion actually benefit?
Historical Context: Mandal, Anti-Reservation Violence and Political Capital
The present moment cannot be understood without recalling the Mandal Commission implementation in 1990, when Prime Minister V. P. Singh extended 27 per cent reservation to OBCs in central services. The response was a violent, upper-caste-led anti-reservation movement, particularly in north India.
Crucially, while the reservation was for OBCs, the primary victims of the violence were SC and ST communities, who were already beneficiaries of reservation and bore the brunt of retaliatory caste assertion. Dalit hostels, settlements and students were targeted, revealing how caste violence operates irrespective of formal policy intent.
The RSS-BJP combine strategically mobilised this churn, converting Mandal into a tool for political polarisation—soon supplemented by Kamandal (religious mobilisation). This twin strategy allowed the BJP to expand from two Lok Sabha seats in 1984 to forming governments under Atal Bihari Vajpayee, and later achieving dominance under Narendra Modi in 2014.
The current UGC framework echoes this history: no real redistribution, but renewed caste antagonism, now transposed onto campuses.
Atrocities Against SC/ST: What the Data Actually Shows
To evaluate claims of “misuse” or “excess”, one must turn to empirical evidence, not political rhetoric. The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 was enacted precisely because ordinary criminal law proved incapable of addressing caste-based violence.
Table: Atrocities and Prosecution under the SC/ST (Prevention of Atrocities) Act
Period | Cases Registered | Conviction Rate | Key Trend |
Pre-1990 | No consolidated data | — | Atrocities widespread, legally invisible |
1990–1999 | ~20–25k annually (est.) | <20% | Weak enforcement, low awareness |
2000–2014 | 40,208 (2014) | ~28–29% | Reporting rises, convictions stagnate |
2015–2018 | 49,064 (2018) | ~34–39% | Post-2018 dilution attempt triggers protests |
2019–2020 | 53,515 (2019); 58,538 (2020) | ~33–35% | Highest registrations; pendency remains |
2021–2023 | ~57,000 annually | ~32% | Conviction rate declines |
ST-specific (2023) | ~12,960 | <30% | Sharp rise; severe under-conviction |
(Compiled from NCRB “Crime in India” reports, PIB releases, and Parliamentary replies.)²
What This Reveals
Three points are unmistakable:
1. Rising registrations reflect reporting, not fabrication. Every phase of legal clarity has increased reporting without improving convictions.
2. Conviction rates remain abysmally low, rarely exceeding one-third—pointing to institutional failure, not excess protection.
3. Dilution narratives ignore enforcement realities. The real crisis lies in investigation, prosecution, and special courts.
Against this backdrop, administratively expanding “caste discrimination” categories without strengthening SC/ST enforcement risks normalising equivalence between unequal social positions.
Dilution by Design? Committees, Power and Institutional Bias
The 2026 Regulations vest decisive authority in Equity Committees chaired by Heads of Institutions—who, in over 90 per cent of cases, belong to the general category. Committee membership is drawn from EBC, OBC and general category faculty, while SC/ST representation remains tokenistic.
This matters because institutional bias is not hypothetical. Practices such as declaring SC/ST candidates “Not Found Suitable” (NFS) in faculty recruitment have been repeatedly documented, contributing to massive backlog vacancies.³
Instead of addressing these structural exclusions, the regulations introduce a procedural framework that may symbolically include OBCs while leaving SC/ST marginalisation intact.
Judicial Stay and Federal Concerns
The Supreme Court’s stay is significant not merely procedurally but constitutionally. It has raised concerns about:
Vagueness and over-breadth;
Lack of safeguards for the accused;
Potential misuse of executive regulations to encroach upon areas governed by parliamentary statutes.
Equally problematic is the UGC’s decision to appoint ombudspersons centrally, even though many universities are creatures of state legislation—a move that undermines India’s federal structure.
Conclusion: Equity or Electoral Engineering?
The UGC’s Promotion of Equity Regulations, 2026, arrive at a moment of political flux. Their design suggests symbolic outreach to OBCs without substantive empowerment, procedural expansion without enforcement, and administrative regulation without constitutional clarity.
Far from strengthening social justice, the framework risks diluting the moral and legal specificity of SC/ST protections, reopening caste antagonisms, and converting campuses into sites of political signalling rather than genuine inclusion.
History shows us where such strategies lead. Mandal without justice, Kamandal without accountability, and now Equity without equality—all serve power far better than they serve the oppressed.
References
1. Supreme Court of India, Interim Order staying the UGC Promotion of Equity in Higher Education Institutions Regulations, 2026, January 2026.
2. National Crime Records Bureau, Crime in India (various years); Ministry of Social Justice & Empowerment, Parliamentary Replies; Press Information Bureau releases, 2018–2024.
3. Thorat, Sukhadeo and Newman, Katherine (2010), Blocked by Caste: Economic Discrimination in Modern India, Oxford University Press.
4. Government of India (1980), Report of the Backward Classes Commission (Mandal Commission).
5. Deshpande, Satish (2013), Contemporary India: A Sociological View, Penguin.
6. Supreme Court of India (2018), Subhash Kashinath Mahajan v. State of Maharashtra; subsequent Parliamentary amendment restoring the Act.