Court issues notice, questions legal basis

The Delhi High Court on Wednesday issued notice on a public interest litigation (PIL) seeking 50 per cent reservation for female students in the Delhi University Students' Union (DUSU) and college students' union elections. A Division Bench of Chief Justice Devendra Kumar Upadhyaya and Justice Tejas Karia issued the notice and listed the matter for further hearing on November 27, according to reports from ANI, Lokmat Times, and The New Indian Express.

During the hearing, the bench made oral observations questioning the legal foundation of the demand. "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, as reported by The New Indian Express. 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 for petitioner Shabana Hussain argued that reserving 50 per cent of DUSU posts for women would promote student welfare and could help reduce violence during elections. The bench responded with a pointed question: "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 petition and its claims

The PIL was filed by Shabana Hussain, an advocate and former Delhi University student, through advocate Ashu Bidhuri. It seeks directions to the Union government, University Grants Commission (UGC), Delhi University, and the Chief Election Officer for DUSU elections to reserve 50 per cent of seats for female students on a rotational basis.

The petition contends that despite women constituting around 53 per cent of Delhi University's student population, their representation in elected student bodies remains disproportionately low. It cites that between 2013 and 2024, only eight of the 32 elected DUSU representatives were women, and no woman has been elected DUSU president since 2009. The petition further states that since the commencement of DUSU elections in 1954, only 10 out of 68 presidents have been women.

The plea argues that the existing electoral environment, including the alleged use of money and muscle power, violence, intimidation, sexist remarks, cyber-bullying, and social media trolling, discourages women students from contesting and participating meaningfully in student elections. It also highlights that inadequate representation affects the attention given to issues concerning female students, including sexual harassment, safety, hostel facilities, curfew timings, sanitary facilities, and other gender-specific concerns.

The petition states that "political participation is not limited to the right to vote" and includes meaningful representation, participation in decision-making, and policy formulation. It contends that "merely permitting women to contest elections without ensuring adequate representation does not result in substantive equality."

Legal references and prior proceedings

The petitioner has relied on the Nari Shakti Vandan Adhiniyam, which provides for 33 per cent reservation for women in the Lok Sabha and state legislative assemblies, as well as the recommendations of the Lyngdoh Committee and Delhi University's DUSU Election Reforms Committee, which suggested reservation for women on a rotational basis for one office-bearer post. The plea also refers to the Uttarakhand government's decision mandating 50 per cent reservation for female candidates in student union elections in state universities.

This is not the first time Hussain has approached the court on this issue. In September 2024, the High Court declined to judicially examine a similar plea seeking 50 per cent reservation, while directing Delhi University to decide within three weeks on a representation made by Hussain. The present plea alleges that despite the earlier court direction, no final decision has been taken by the university and the issue has continued to remain under consideration.

Representations were submitted to Delhi University authorities in October 2023 and subsequently to the Union government and university authorities in 2024. The present PIL was instituted after Delhi University issued its notification for the DUSU elections on August 13, 2026.

Election timeline

The DUSU elections are scheduled for September 18, with September 10 being the last date for filing nominations. The court's notice and the scheduled hearing on November 27 come after the election date, raising questions about the timing of any potential relief.

Hussain had earlier served as Vice President of the student union at Delhi University's Deshbandhu College in 2017.