Delhi HC refuses to entertain PIL for urgent implementation of Women's Reservation Bill

New Delhi : The Delhi High Court on Monday refused to entertain a Public Interest Litigation (PIL) urging to urgently implement the Women's Reservation Bill, 2023, ensuring 33 per cent reservation for women in the 2024 Lok Sabha polls.

The Union Government, represented by Additional Solicitor General (ASG) Chetan Sharma, informed the court that the Bill has become an Act.

“It is an exercise after the census. It has been engrafted under the Act. It has been debated in the parliament...This is a publicity litigation,” the ASG said.

The petitioner, while not challenging the Act or Bill's validity, sought time-bound implementation of women's reservation.

“I am not challenging the Act or the Bill...In the history of India, for the first time the parliament has unanimously passed the Bill. Since 75 years, there has been no representation. Let them come and say we can do it in a time bound manner. I am not challenging anything. I am only trying so that it can be done in a time bound manner. Otherwise it is not going to happen,” petitioner's counsel said.

The court noted the parliamentary stipulation for delimitation before women's reservation and suggested challenging the provision's validity. It stressed on the ongoing matter in the Supreme Court and the need for the petitioner to either seek quashing or present compelling grounds.

With the PIL withdrawn, Acting Chief Justice Manmohan and Justice Mini Pushkarna granted the petitioner, lawyer Yogamaya MG, the liberty to approach the Supreme Court, where a similar petition is already pending.

Last week, Justice Subramonium Prasad had refused to entertain the same matter and had observed that the prayers resembled a PIL and suggested the petitioner to withdraw the plea and file a fresh PIL.

The court had granted the petitioner the liberty to file a new PIL properly framed according to the Delhi High Court rules.The counsel for the Central government had objected to the maintainability of the plea, stating its nature as a PIL.

Although the plea was withdrawn, the counsel had expressed intent to contest the petition when refiled. The petition had sought direction for the Centre to provide an expedited date for implementing the Women's Reservation Bill, 2023, considering the prolonged uncertainty surrounding the delimitation process.

It had also sought direction to the Election Commission to issue a directive to political parties, soliciting their responses and plans for the swift implementation of the Bill before the 2024 general elections.

Despite formal communication to the Prime Minister and the Election Commissioner, the petitioner has claimed to have received no acknowledgment as of now.