The Delhi High Court on Wednesday said it cannot direct Delhi University (DU) to provide 50 per cent reservation for women in Delhi University Students’ Union (DUSU) elections in the absence of any legal provision conferring such a right.
According to a report by news agency PTI, A bench of Chief Justice D K Upadhyaya and Justice Tejas Karia made the oral observation while hearing a PIL seeking reservation of half the posts for women in DUSU elections on a rotational basis.
The court issued notice to DU on the plea and listed the matter for further hearing on November 27. The DUSU elections are scheduled for September 18, with September 10 being the last date for filing nominations.
“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 bench said.
The court observed that it does not entertain “should-be matters” and asked the petitioner to identify the law under which women students could claim reservation in DUSU posts.
The counsel appearing for petitioner Shabana Hussain, an advocate, argued that reserving 50 per cent of DUSU posts for women would promote student welfare and could also help reduce violence during elections.
The argument prompted the bench to question the basis of the claim.
“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 PIL said women remain substantially underrepresented in DUSU and students' unions of other colleges despite Delhi University’s progressive character.
According to the petition, DU has more than one lakh students, around 53 per cent of whom are women, but their representation in elected student bodies remains disproportionately low. Between 2013 and 2024, only eight of the 32 elected DUSU representatives were women, while no woman has been elected DUSU president since 2009, it said.
The plea argued that inadequate representation results in insufficient attention to issues affecting female students, including sexual harassment, hostel facilities, curfew timings, washrooms and other gender-specific concerns.
It also referred to the constitutional framework recognising the importance of women's political representation and the Nari Shakti Vandan Adhiniyam, which provides for 33 per cent reservation for women in the Lok Sabha and state legislative assemblies.
The petitioner argued that efforts to implement women's political representation should begin at the grassroots level, including student elections.
(With inputs from PTI)
