A proposed new law, named after a student whose tragic death high lighted a deep-seated crisis, offers significant hope for tackling caste discrimination in India’s higher education system. The Rohith Vemula Act, now under consideration in Karnataka, Telangana and Himachal Pradesh, represents a turning point in addressing the systemic bias against marginalized communities. Rohith Vemula, a research scholar at the University of Hyderabad, and over 50 students have committed suicide in elite institutions like the Indian Institutes of Technology (IITs) since 2004, reportedly due to social exclusion and bias.

Caste in India is a centuries-old system of hereditary social stratification. Genetic research conducted by institutions such as Harvard Medical School, the National Institute of Biomedical Genomics (NIBMG), and the Centre for Cellular and Molecular Biology (CCMB) shows that endogamy ~ marriage restricted within caste groups ~ became prevalent around 1,900- 1,600 years ago, significantly influencing genetic patterns.

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These genetic findings suggest that caste classification and caste-based isolation of people is about 1,900-1,600 years old. Discrimination based on caste persists, impacting access to opportunities and creating exclusive environments, particularly for students from historically marginalized groups ~ Scheduled Castes (SC), Scheduled Tribes (ST), and Other Backward Classes (OBC). Between 2018 and 2023, over 13,600 students from these communities dropped out of central higher education institutions, as informed to the Parliament.

The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 criminalizes caste-based violence and discrimination, offering legal recourse and victim protection. Its scope primarily addresses overt atrocities, while subtle forms of institutional discrimination in higher education go unaddressed. The Thorat Committee, constituted in 2007, to investigate caste-based discrimination at AIIMS, New Delhi, confirmed the presence of social bias, verbal abuse, and segregation and recommended some institutional reforms to promote equity.

The Supreme Court of In – dia, in a Public Interest Litigation by the mothers of Rohith Vemula and Payal Tadvi ~ both students who died by suicide ~ on 26 April 2025, authorized the University Grants Commission (UGC) to notify the UGC (Promotion of Equity in Higher Education Institutions) Regulations, 2025, which, for the first time, define caste-based discrimination and ma ndate establishment of Equal Opportunity Centres and equity committees to handle complaints and recommend corrective action.

An online complaint portal and helpline are also proposed to support affected students. On 24 March 2025, in Amit Kumar v. Union of India, the Supreme Court ordered formal police report to be filed on the deaths of two SC students at IIT Delhi and constituted a National Task Force, led by former judge Justice S Ravindra Bhat, to recommend reforms in higher education. Globally, Seattle became the first U.S. city to ban caste based bias in 2023.

California passed a state bill, only to be vetoed later. Some American universities have included caste in anti-discrimination policies. The Rohith Vemula Acts, now being proposed by Karnataka, Telangana and Himachal Pradesh states offer one more opportunity. The new laws are being championed by activists, students, and leaders of a major political party, the Indian National Congress. The Rohith Vemula (Prevention of Exclusion or Injustice) (Right to Education and Dignity) Bill proposes penal provisions for caste-based discrimination. Students who face discrimination are entitled to compensation of up to Rs 1 lakh ($1,200). Individuals found guilty of discriminating against SC, ST, OBC, and minority students may face a jail term of one year, with harsher penalties for repeat offences.

The Bill also extends liability to institutions themselves even if they tolerate discriminatory practices. However, legislation must not focus solely on prosecution ~ it must place equal emphasis on prevention. The real strength of the law lies not in punishing after the harm is done, but in creating environments where the harm is less likely to occur at all. Caste in India is not always seen, it is heard. Unlike race, which is often visually apparent, caste frequently reveals itself through surnames, roll calls, and casual inquiries like “What’s your rank or background?” These seemingly simple words carry centuries of oppression, echoing through classrooms, certificates, and daily interactions. The proposed law must recognize this unique Indian reality and work to silence caste’s institutional amplification.

A critical yet overlooked issue is the rank culture dominating Indian universities. Entrance exam ranks, such as those for JEE, NEET, or other competitive exams, become lifelong labels, perpetuating hierarchies and stigma. Students who secure top ranks wield them as badges of superiority. Lower ranks are unfairly equated with reservation status. Once admissions are complete, ranks lose relevance, yet they remain part of public discourse. Equally pressing is the public exposure of caste identities, often through surnames like Sharma or Reddy displayed on notice boards, attendance sheets, or certificates. These signal caste, inviting prejudice.

The Act can tackle rank culture by mandating that ranks remain confidential post-admission. Universities should be prohibited from publishing or displaying ranks in public domains, such as websites, brochures, or ceremonies. Policies ensuring ranks are not part of conversations ~ formal or informal ~ within academic spaces can be enforced. Institutions could adopt ano – nymized student IDs for administrative purposes, and faculty could be trained to discourage rank-based discussions. This would shift focus to holistic academic growth, reducing the lifelong burden on students labelled by their entrance ranks. The Act should empower students of all castes to voluntarily remove caste-indicating surnames from public records.

The Act could also ban the display of caste details in public domains, ensuring caste remains a private matter. Strict data privacy protocols, aligned with the Digital Personal Data Protection Act, 2023, should treat caste and rank details as sensitive personal information, accessible only to authorized personnel for affirmative action purposes and never be routinely disclosed publicly. Universities should implement secure databases with role-based access controls, ensuring data is encrypted and auditable. For admissions, caste certificates or rank details should be handled by a separate administrative unit, invisible to academic faculty.

This ensures evaluations and admissions are free from caste or rank biases. The proposed Rohith Vemula Acts should ultimately aim to create a future where every educational institution, from primary schools upwards, actively ensures inclusive admissions and provides equitable opportunities for students from all caste backgrounds, thereby truly realizing Indian constitutional architect Dr. B.R. Ambedkar’s vision of education as empowerment

(The writer is a transparency and equality advocate and author. The opinions expressed are personal)