The Delhi High Court has taken a significant step in examining the proposal for a 50 percent reservation for women in the Delhi University Students’ Union (DUSU) and College Students’ Union elections. On Wednesday, the court issued notices to the Central government, the University Grants Commission (UGC), and Delhi University, seeking their responses to a Public Interest Litigation (PIL) advocating this change.
The Division Bench, comprising Chief Justice Devendra Kumar Upadhyaya and Justice Tejas Karia, is considering a petition filed by Shabana Hussain. The petitioner argues that despite the large number of female students at the University of Delhi—exceeding one lakh—their representation in student unions is disproportionately low. This lack of representation, according to the plea, results in inadequate attention to issues that primarily affect women, such as sexual harassment, hostel curfews, and safety concerns.
During the proceedings, the Court scrutinized the petitioner’s claim that increasing women’s representation could potentially reduce election-related violence. “Are you suggesting that by providing a 50 percent reservation for women, the violence will abate? Are you saying they are less violent? What is this argument?” the Court inquired, indicating its skepticism towards this rationale.
The Court also questioned whether there exists a legal basis for such reservations in DUSU elections, asking, “We are here to protect your rights. Can we create a right? Where is this right flowing from? Which statute? Which provision of the Delhi University Act provides for reservation? Where is the authority available to us to create a right?”
The petition referenced the recent legislative actions reserving 33 percent of seats in the Lok Sabha for women, as well as similar initiatives by bar associations of the Supreme Court and High Courts, to bolster its case. However, the court remained focused on the legal underpinnings necessary for imposing such a reservation within university elections.
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The court has scheduled the next hearing for November, providing the respondents time to present their positions. Filed through advocate Ashu Bidhuri, this case could set a significant precedent for gender representation in educational institutions if the court rules in favor of the petitioner.
