‘False cases clause would silence complaints’: Lawyer for Vemula, Tadvi families

Amid mounting outrage by certain sections and slogans such as “Modi teri kabar khudegi, UGC ki dharti par”, the Supreme Court has stayed the University Grants Commission’s new Promotion of Equity Regulations 2026.

These rules were brought in to curb and address caste discrimination in higher education institutes. The regulations had drawn sharp criticism citing fears of misuse and so-called “reverse casteism”, even as supporters argued they were long overdue. Hearing petitions, the apex court said the provisions are prima facie vague and capable of misuse. It has issued a notice to the government and will next hear the matter in March. 

To understand what these guidelines sought to change, Newslaundry spoke to advocate and legal scholar Disha Wadekar, who represented the mothers of Rohith Vemula and Payal Tadvi in the Supreme Court in their petitions seeking institutional safeguards against caste discrimination.

Wadekar explained three aspects: the process of filing a complaint, why there is no provision for false complaints or complaints with malicious intent, and why the definition of caste-based discrimination did not include the unreserved category.

On why the “false cases” clause was removed, Wadekar said, “Firstly, we are dealing with 18-year-olds who have just entered campuses. Secondly, they are anyway from vulnerable communities. Having a ‘false cases’ section will deter them from filing any complaint, even if they are facing daily discrimination or harassment. They will anyway have to present themselves to a committee, which in itself is scary.”

Wadekar further pointed out that there is a detailed procedure for a complaint. “It’s not like you file a complaint against someone and they will be immediately behind bars.”

“First, the committee will look into the complaint and prima facie if the committee finds that it is a frivolous complaint, they can dismiss it. If they find some truth in the complaint, then they will issue a notice to the respondent. There is an evidence stage, witnesses have to be presented and so on,” she said.

Watch.