Delhi HC questions argument that providing 50% reservation for women in DUSU polls will reduce election violence

The Delhi High Court on Wednesday issued notice to the Central government, the University Grants Commission (UGC) and the Delhi University on a plea seeking 50 percent reservation for female students in Delhi University Students’ Union (DUSU) and College Students’ Union elections.

A Division Bench of Chief Justice Devendra Kumar Upadhyaya and Justice Tejas Karia asked the respondents to file their responses to the plea.

During the hearing of the case, the Court questioned the petitioner's argument that women's reservation for will help reduce the violence associated with the polls.

"Are you suggesting that by providing 50 percent reservation [for women], the violence will abate? Are you saying they are less violent? What is this argument?" the Court asked.

The matter will be heard next in November.

The High Court was dealing with a public interest litigation (PIL) petition filed by one Shabana Hussain.

She stated that the University of Delhi has more than one lakh students, but despite the substantial number of female students, their representation in elected student bodies remains disproportionately low.

The plea further highlighted that issues concerning women students, including sexual harassment, hostel curfew timings and safety do not receive adequate representation when women are underrepresented in student unions.

The counsel for the petitioner pointed out that the parliament has passed a law reserving 33 percent seats in the Lok Sabha for women and similar steps have been taken by the bar associations of the Supreme Court and High Courts as well.  

However, the Court asked whether there is a legal right to reservation for women candidates in DUSU polls and whether the Court can pass such an order.

"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 Court asked.

The Court eventually proceeded to issue notice in the matter.

The petition was filed through advocate Ashu Bidhuri.