Can India become a CASTELESS Society - SC Order on UGC Decoded

  • This FAQ provokes thought with insights, looks at Definitions of SC/ST/OBC, and next SC order on UGC January 2026 Notification. Lastly, it has links to three Videos of TV debates on subject.

The University Grants Commission (Promotion of Equity in Higher Education Institutions) Regulations, 2026 (Regulations) was notified on January 13 has created resentment within the General Category (GC) part of the Hindu community. The anger is directed against the BJP government not against SC/STs. It is said to be similar in approach to UPA’s 2011 Communal Violence Bill that believed that only Hindus were responsible for communal riots.

 

Media reports justify UGC circular due to deaths of Payal Tadvi and Rohit V.

 

Truth-Payal is a Muslim convert. Can Scheduled Tribe (ST) benefits be claimed post conversion? Telangana police stated that Rohit was an OBC, not SC.

 

According to the May 2024 Wire report, “The Telangana police has filed a closure report in the case involving the death of University of Hyderabad (UoH) PhD scholar Rohith Vemula who died by suicide in January 2016 and absolved the accused. The report, which will be submitted in the Telangana High Court on Friday, May 3 said that Rohith did not belong to the Scheduled Caste category and speculated that he died by suicide fearing that his “real caste identity” would be discovered,” 

 

Probably, pressure of competitive politics forced the Telangana state government in July 25, to ask the High Court (HC) for permission to reopen Rohit case

 

Some have used these unfortunate deaths to blame GC ignoring police final closure report. For them it is my way or the highway.

 

This FAQ provokes thought with insights-A, looks at Definitions-B and looks at SC order on UGC-C.

A Insights. 

1. Can India become a CASTELESS Society?

Yes. Two key changes.

 

One economic backwardness should be the basis for government support. Two, existing caste-based incentives for SC/ST need to go for e.g. ST who convert no longer get any state benefits, no income-tax exemption for northeastern ST, only those affected by Untouchability shall be called SC. Caste is important because of job reservations in government jobs

 

The Centre, State governments and Dharmic organizations shall make all benefits to remove untouchability first and in a pre-determined period.

 

Actually, according to a December 2024 SC order on Untouchability authored by Dr Dhananjaya Y Chandrachud, then CJI, “Both Articles 15(4) and 16(4) do not enable reservation based on castes but only on classes. The absence of the use of “caste” in Articles 15(4) and 16(4) when coupled with its use in Articles 15(2) and 16(2) led the courts to hold that caste cannot be the sole basis of reservation.” 1 Para 192, pg 128. Source Also read 12 para 6.1 for another SC observation.

 

Why are lawyers not quoting this order to the SC?   

 

2. Caste is a European word. What is the Indian word?

The word caste is of Spanish or Portuguese origin and fails to capture the meaning of the Indian term, jati, which is properly translated as “community.” Jati in traditional India promoted and preserved diversity and multiculturalism by allotting every jati a particular space and role in society so that no jati could be appropriated or dominated by another.

 

3. Untouchability was not practiced uniformly across India, former CJI

On Untouchability CJI Chandrachud wrote in same SC order, “In 1919, the Southborough Franchise Committee adopted the test of untouchability to define the depressed class. The Committee interpreted the phrase “depressed classes” as the 'untouchability class, that is, the class whose touch or approach is deemed to cause pollution as it exists in the United Provinces. (Uttar Pradesh).” 1 Pg. 90

 

“The 1919 Note states that untouchability as it existed in Madras, where an untouchable’s touch necessitated immediate purification, did not exist in Assam.” Pg. 92/94 Source

 

So how can one classify all untouchables as SC the same way across the country?

 

Further, concept that untouchables correspond to depressed classes is based on a 1919 report. How relevant is that in 2026?

 

If untouchability in education was practiced as is usually understood WOULD– 

 

1. “Ambedkar’s Brahmin school teacher drop daily a part of his meal-boiled rice, bread and vegetables into the hands of Bhim during the recess.” 3 Pg. 14  

2. “The original surname of Bhim’s father was Sakpal. Bhim drew his surname Ambawadekar from his native village Ambavade. The teacher took so much fancy to the boy that he even changed his surname from Ambavadekar to his own surname Ambedkar in the school records.” Yet, “the teachers would not touch their notebooks.” 3 Pg. 14

3. Babasaheb’s Columbia University Education was funded by Maharaja of Baroda in 1913. 3

4. A Brahmin Doctor become Dr Ambedkar’s second wife? 

 

4. What about claim of denial of education to Depressed Classes, called Dalits?

Claim of denial of education & Untouchability are different issues. Read When caste was not a bad word to also know reasons for economic deprivation of DC.

 

Gandhian Dharampal ji studied the state of education around 1820. He visited British and Indian archives and wrote The Beautiful Tree: Indigenous Indian Education in the 18th century. The book reproduces reports of numerous surveys undertaken by the British (1800-1830) in Bengal, Punjab and Madras presidencies. It also gives caste composition and subjects taught in schools. Education was imparted in pathshalas, gurukulas and madrasas. Book also tells that the British destroyed this indigenous education system, noted by Gandhi too.

 

As per survey results reproduced in the book maximum number of scholars were Sudras. To read tables

 

The British started this denial of education to divide India, the Congress carried it forward post 1947 and the BJP has joined them.   

 

5. Number of SC/ST/OBC communities keep increasing 

For e.g. in 2016, the Akhilesh Yadav government in Uttar Pradesh approved 17 Other Backward Castes as SC. In Maharashtra, the Dhangar community (shepherds) to which Ahilayabai Holkar belonged want to be included as ST. The Hattees community of Himachal were declared ST before 2022 Assembly elections. According to this 2007 Economic Times report, “A simple comma changing the entire profile of a community! It may sound unbelievable, but this is what happened in the report of the National SC/ST Commission, set up in 1954, which saw the Meenas, a rich land-owning community mainly inhabiting the western districts of Rajasthan, being conferred the ST status.”

 

Post inclusion in the list all claim 5,000 years of oppression to justify reservations. 

4 Hattees community, Himachal celebrating on being declared ST in 2022.

According to this Wikipedia, “The Constitution (Scheduled Castes) Order, 1950 lists 1,108 castes across 28 states in its First Schedule,[13] and the Constitution (Scheduled Tribes) Order, 1950 lists 744 tribes across 22 states in its First Schedule.” As of 18/9/25 there were 1226 SC castes and as per latest ST data there are 763 castes. An advanced AI Search shows 212 tribal communities as of 1950. The 1950 numbers 212 vs. 744 need to be rechecked.

According to this Government of India link, the number of SC updated as of September 2025 (published 18/9/25) and ST latest are (Note that List of SC downloaded at about 11.45 am on 2/2/26 and List of ST downloaded at 1.15 pm on 2/2/26) -

Table 1 – Nos of ST/SC Communities Statewise 

State

Nos

SC

Nos

ST

State

Nos

SC 

Nos ST

1. Andhra Pradesh

61

34

2. Bihar

23

33

3. Gujarat

36

32

4. Himachal P

57

11

4. Jharkhand

22

33

5. Karnataka

101

50

6. Kerala

69

43

7. Madhya P

48

46

8. Maharashtra

59

47

9. Meghalaya

16

17

10. Manipur

7

34

11. Odisha

95

64

12. Punjab

39

-

13. Rajasthan

59

12

14. Tamil N

76

-

15. Tripura

34

19

16. Uttar P

66

15

17. W Bengal

60

40

18. Mizoram

16

15

19. Goa

5

8

20. Chhattisgarh

44

43

21. Uttarakhand

65

5

22. Telangana

59

32

23. Delhi

36#

-

24. Chandigarh

36#

-

25. Daman Diu

5#

5

26. Jammu&K

13@

16

27. Dadra

4

7

28. Pondicherry

16%

1

29. Sikkim

3

37

30. Ladakh

NA

12

31. Assam

16

29

32. Haryana

37

-

33. Arunachal

 -

16

34. Nagaland

 -

5

35. Andaman

-

6

   Sub-total

656

361

     Sub-total

570

402

     TOTAL

1,226

763

     

# 1951 order, @1956, % 1964, Sikkim 1983.

Across states the number of communities are SC 1,226 and 763 SC. 

 

Central List of Other Backward Classes is given state-wise as per NCBC site

In Central List number of OBC in select states & Muslims considered as OBC. 

Table 2 – Number of Muslim communities included in OBC in select states 

State

Nos.OBC

Nos.Muslims

1. Assam

28

2

2. Bihar

136

22

3. Gujarat

104

20

4. Tamil Nadu

181

NA

5. West Bengal

99

37

6. Uttar P

76

2@ 

7. Telangana

87

4

8. Jharkhand

134

22

@ Need experts to check. Select State wise details as taken from NBCC site, viewed on 26.8.25 12.20 pm.

 

Except U.P. all of the above states treat SC converts to Christianity as OBC.

 

Since, SC/ST/OBC are state wise list one might not be considered as such in all states.

 

For e.g. in Rajasthan Jats are OBC whilst in Punjab they are always ruling the state. A Reddy in Karnataka is OBC but is a dominant community in Telangana. If a Jaat from Punjab goes to study in Rajasthan, would he become OBC.

Read   How do states differ in enumerating Caste - New Indian Express

 

6. Does the caste system have any benefits?

Yes. Author and former head of Proctor and Gamble India Gurcharan Das said in Mint, “My own politically incorrect answer is that we had in India the good fortune of having merchant castes, trading communities. If you institute economic reforms in a society where people know how to conserve capital… If you have communities in whose DNA is that… it is a genetic advantage.” MINT Benefits of the Caste System

 

B. Now some Background Notes on SC/ST/OBC.

7. Who are Scheduled Tribes (ST)?

1 Ujjayanta Palace, Agartala has a bust of Ambedkar at entrance. 2014.

The royal family of Tripura are ST. To indicate they are ST their erstwhile residence, Ujjayanta Palace has a bust of Ambedkar at the entrance.

 

The word ST was first introduced around 1949. In Indic terms people living in the forests are called Vanavasi. STs differ from region to region. One cannot compare northeast STs, who have mostly converted, with those in Chhattisgarh and Himachal.

2 Artist of Bison Horn Maria tribe. Note smart phone left of pic. 2018.

3 ST Kohima 2014.

4 Hattees community, Himachal celebrating on being declared ST in 2022.

5 Ace Music Director, R D Burman, was part of the Tripura Royal Family, be ST.

ST are very much part of the Hindu community for e.g. author Sandhya Jain wrote in book Adi Devta Arya Devta , “Jagannatha’s tribal origins are undeniable, though the god is today inseparable from the ‘high’ Hindu panorama and is a key constituent of Orissa’s regional identity.” In Tripura the tribal name of Lord Shiva is SUBRAI RAJA in Kok Borok dialect of Tripura’s tribal groups. Read  Who are Scheduled Tribes

 

Unlike SC, ST who convert to Islam and Christianity are ST for reservations/ grants. 

 

8. Who are Scheduled Castes (SC)?

Dr Ambedkar used the word Depressed Classes. In the early 1930's Gandhi coined the word Harijan or Children of God for untouchables. The Government of India Act 1935 introduced the term 'Scheduled Caste' for the depressed classes. It is subsequent to such classification that Ambedkar formed a Scheduled Caste Federation. It is only since the 1990's that the word Dalit entered mainstream public discourse. 

 

9. Who are Other Backward Class?

Section 2 of the 1993 National Commission for Backward Classes (NCBC) Act defines “backward classes” as backward classes of citizens other than the Scheduled Castes and the Scheduled Tribes as may be specified by the Central Government in the lists.” This is a strange definition i.e. based on exclusion of SC and ST. However, there is a concept of a ‘creamy layer’ with respect to the OBC reservation. Read  OBC Kings in India

 

OBC reservations has become a route to give Muslims reservation. 9 para 3.14 for e.g. Kerala and West Bengal. For e.g. Jharkhand- Aghori, Barai, Bakho (Muslim), Bhatt (Muslim), Christian Converts from OBC, Christian converts from SC, Dangi, Gaddi, Dhobi (Muslim), Dhunia (Muslim), Goud, Kasai (Muslim), Kurmi, Mali, Momin (Muslim), Mukri (Muslim), Shivhari, Teli, Thakurai (Muslim). Of 134 OBC in list, 22 are Muslim. Source

 

In caste race, we forget that some of India’s greatest kings were OBC e.g. Cholas

2 OBC Kings in India.

8 Current titular Maharaja of Mysore is OBC. 2018.

C. SC on UGC Promotion of Equity in Higher Education Institutions Regulations

10. SC order per Barand Bench.com

“Prima Facie we say that the language of the regulation is vague and experts need to look into for the language be modulated so that it is not exploited," the Court said.

 

Pertinently, the Court flagged the incongruence in Sections 3(c) and 3(e) of the Regulations.

 

Section 3(c) defines “caste-based discrimination’’ as discrimination only on the basis of caste or tribe against the members of the scheduled castes, scheduled tribes, and other backward classes.” 12

 

Can SC/ST be clubbed with OBC?

 

No distinct or special procedural mechanism has been prescribed to address caste-based discrimination, as opposed to the exhaustive and inclusive definition of “discrimination” provided under Clause 3(e) of the impugned regulations?” 12

 

“Section 3(e) defines "discrimination” as any unfair, differential, or biased treatment or any such act against any stakeholder, whether explicit or implicit, on the grounds only of religion, race, caste, gender, place of birth, disability, or any of them.” 12

 

Ragging is not included in above.

 

“The Court remarked that Section 3(c) would bar persons from upper caste from complaining about discrimination based on place of birth, gender etc though the definition of discrimination under Section 3(e) is wider and subsumes everything including caste discrimination.” 12

 

Even though Equality before Law is a myth in India, why are general category students denied the right to complain of discrimination. It is like saying that only SC/ST/OBC deserve government scholarships and only GC are rich.

 

Practically speaking before two students communicate, laugh or joke they must first ask the other’s caste to ensure not booked under stayed notification or SC/ST Act.

 

“The regulations require higher educational institutions to establish Equal Opportunity Centers and Equity Committee for effective implementation of policies and programs for disadvantaged groups.” 12

 

UGC builds on narrative of disadvantaged groups. How many members would the equity committee have? What is caste composition of committee not clear? 

 

If governments and courts wish to get rid of European word caste, they should decolonise and do away with caste based provisions, focus on economic status.

 

Senior journalist Kiran Tare wrote in Perfectvoice.in, “Universities are not courts of law. But they are environments where reputations are fragile and consequences long-lasting. A system that accelerates accusation without building in deterrence against abuse risks replacing discrimination with fear. Academic freedom rarely survives such climates intact.”

 

What happens if SC/ST commits discrimination another SC/ST or OBC?

 

11. Extracts from Video Chats J Sai Deepak, Advocate Supreme Court 

a. Video 1 11 minutes – UGC Regulations 2012, Petitioners approached SC saying 2012 not being regulated properly, needs to be implemented better. 2025 draft was not to include OBC. Parents worried about sending their children to schools and colleges. SC/ST Atrocities Act always covers campuses. What happens to say the Brahmin community from other states studying in Tamil Nadu. 

b. Video 2 3.5 minutes – caste is important because of job reservations in government jobs.

c. Video 14 minutes – everyone is not equal under the law. Provide addressable for caste discrimination across the board. However, it has not helped despite representations. There is empirical data to show that not too many cases filed and conviction under the SC/ST Act. So what was the need to come out with UGC Notification? UGC wrote app 1200 complaints resolved out of app 1300 said Vishnu Shankar Jain. This legislation will divide the country. 

 

Errors if any in collating data are unintentional and without malafide intent. As always, am happy to stand corrected. Love to All. 

 

Also read

1. 2024 SC Order written by then CJI Dr Chandrachud

2. The Indian State doesn’t officially consider the Scheduled Tribes as communities exclusively belonging to Hinduism.

3. From RTE To Scholarships, Indian Education Is Hobbled By Minorityism

4. Life and Mission Dr Ambedkar by Dhananjay Keer. 

5. Benefits of the Caste System

6. DALITS were the maximum number of SCHOLARS in Pre British India

7. How the British made caste into evil

8. OBC Categories – Indian Express  

9. A look at the findings of the 1931 Census Report – Indian Express

10. SC Order on UGC. To read in PDF click on PDF

11. How do states differ in enumerating Caste - New Indian Express

12. Barand Bench.com on SC order

Read More ...
Receive Site Updates