Can’t create a right: Delhi HC on plea seeking 50% reservation for women students in DUSU polls

The Delhi High Court on Wednesday said it cannot direct Delhi University (DU) to provide 50 per cent reservation to women in its students’ union elections in the absence of any legal provision granting them such a right.

A bench of Chief Justice D K Upadhyaya and Justice Tejas Karia made the oral observation while dealing with a PIL seeking a direction to the university to reserve 50 per cent of posts for women in the Delhi University Students’ Union (DUSU) elections on a rotational basis.

DUSU elections are scheduled to be held on September 18. The last day of filing nominations is September 10.

The bench opined that a court does not entertain “should-be matters” and asked the petitioner to show the law conferring a right on women students to seek reserved DUSU posts.

“We are here to protect your right. We can’t create a right. Tell us where does this right (of reservation for women students) flow from? You are asking us to create a right,” the court said.

The counsel for the petitioner argued that reservation for women candidates in DUSU elections was for the welfare of students.

He added that it would also reduce “violence” during DUSU polls because “female students follow the law”.

“Are you saying that by providing 50 per cent reservation violence will be abated? Are you saying they are less violent? What is this argument?” the court asked.

The bench issued notice to DU on the plea and listed the matter for hearing on November 27.

Petitioner Shabana Hussain, an advocate, said in her PIL that despite the university’s progressive character, there was a substantial disparity in the participation and representation of female students in elections for DUSU and students’ unions of other colleges.

The plea said the lack of adequate representation of female students in elected student bodies results in inadequate attention to issues like sexual harassment, hostel facilities, curfew timings, washrooms and other gender-specific concerns.

“The University of Delhi has more than 1 lakh students, out of whom approximately 53 per cent are female students, yet their representation in elected student bodies remains disproportionately low. During the period from 2013 to 2024, out of 32 elected DUSU representatives, only eight were female, and there has been no female DUSU president since 2009,” the PIL said.

The plea emphasised that the constitutional framework itself recognises the importance of women’s political representation, and Parliament has also enacted the Nari Shakti Vandan Adhiniyam to give 33 per cent reservation to women in all state assembly and Parliament elections.

To properly implement the law, implementation needs to start from the grassroots level, it added.