Why Calcutta High Court wants student union rooms in Bengal locked down

India Today

07-07-2025

A landmark court order in the backdrop of the gang-rape of a woman inside the security guard's room at the South Calcutta Law College could well reshape how college student unions now function in West Bengal. The Calcutta High Court has directed the immediate closure of all student union rooms in state-aided colleges and universities in the state.The July 3 order came on a public interest litigation (PIL) seeking to draw the court's attention to alleged systemic irregularities in the management of student unions across institutions in Bengal. The petitioner, advocate Sayan Banerjee, cited an earlier affidavit submitted by the senior law officer and ex-officio assistant secretary (law department of higher education) in the Bengal government. The affidavit revealed that in many universities, no elections had been held in recent years and that, in some cases, student councils or unions were defunct.advertisementBanerjee pointed out that despite this, 'union fees' continued to be collected from students and that union rooms were open and accessible—even when no recognised student bodies were in existence. 'No student council or student union is there, but the room is there Union fees are being collected from students,' Banerjee argued before the high court bench. He also presented an RTI response from the state's higher education department, which confirmed that no functioning student councils existed in any of the state-run colleges.The PIL was filed after the gang-rape at South Calcutta Law College on June 25. According to the complaint, the assault started inside the students' union room, where the prime accused, Monojit Mishra, a former student of the college, allegedly attacked the survivor before dragging her to the security guard's room and raping her.
Despite no longer being enrolled in the college, Mishra reportedly continued to wield influence in the campus. Students claim former student union members and alumni maintained access to the union room, raising serious questions about security and institutional accountability.The high court division bench of Justices Soumen Sen and Smita Das De expressed grave concern and questioned why student union rooms were widely accessible when no legitimate student bodies existed. 'All union rooms in state-aided colleges and universities will be shut till further orders,' Justice Sen ruled. 'The state higher education department must issue a notice in this regard. Authorities must keep the union rooms locked. The rooms cannot be used for any recreational activities. In case of an emergency, a written application must be made to the registrar to open the room.'The bench directed the higher education department to circulate a directive to all colleges and universities stating that where no recognised student union existed or no recent elections had taken place, the students' union rooms be locked. Entry to these rooms would only be allowed with written permission from the registrar or a competent authority, and such access must clearly specify the purpose of the visit.However, this exception does not extend to general recreational or common rooms used by students.advertisementOn the South Calcutta Law College specifically, the court ruled that the students' union room should remain accessible solely to the investigating agency until further orders. In the courtroom, the state's senior counsel Kalyan Banerjee attempted to distance the government from the gang-rape, arguing that the administration had no control over how outsiders gained access to colleges. 'The college has to impose restrictions; we have nothing to do with this. We do not know if the rooms are used by the students,' he said.However, the court took a firm stance, asserting that the responsibility of security and onus of oversight lay with the institutions and the higher education department. 'In some universities, no election has taken place. We direct the department of higher education to give a directive to all colleges and universities that all student union rooms be put under lock and key,' the order stated.The court also addressed the broader security lapses at the South Calcutta Law College, directing the government to submit an affidavit explaining how unauthorised individuals were able to access the campus. The college authorities have been asked to file a report outlining their security arrangements.advertisementMeanwhile, on PILs filed over the gang-rape, the court demanded a progress report on the police investigation. According to the state counsel, the Kolkata police acted swiftly: the prime accused was arrested within three hours of the FIR being filed, by a team of women officers from the special investigation team (SIT).However, the survivor's lawyer, Arindam Jana, raised concerns that she had not been made a formal party in the proceedings despite being central to the case. And outside the courtroom, the survivor's father told the media: 'My daughter is under tremendous trauma. We have full faith in the Kolkata police and the SIT. The accused should get maximum punishment. There are no words to describe what we are going through.'The ruling has sparked intense debate about student governance and campus safety in Bengal. Critics point to systemic failures in the democratic functioning of student bodies. With student elections not held in years and alumni allegedly exercising unchecked influence, many are questioning how such a vacuum was allowed to persist—and what safeguards were needed now.As the case unfolds, the high court's orders are likely to serve as a legal precedent and a reminder of the urgent need for institutional reform and genuine student representation across Bengal's colleges and universities.advertisementSubscribe to India Today Magazine- Ends