Husbands working as proxy for their sarpanch wives defeats purpose of women's reservation: Orissa High Court

The Orissa High Court recently observed that the practice of husbands working as proxy sarpanchs in place of their wives defeats the purpose of reservation for women in the Panchayati Raj system [Manoj Kumar Mangaraj versus The Collector, Kalahandi and Others]..Justice Dr SK Panigrahi asked the Secretary of Panchayati Raj Department to inform the Court about the action taken against such proxy Sarpanchs and steps taken to give women Sarpanchs proper capacity building training. The Court also sought information about the availability of a grievance redressal mechanism at the district level against such erring proxy Sarpanches.“The patriarchal attitudes in the veil of proxy Sarpanch and practices greatly hinders women's participation and empowerment in public life,” it observed.While seeking the action taken report, the Court stressed that the government has to deal with such matters seriously or else, the grassroots of the democracy would be in peril..The High Court made the observations while hearing a Gaon Saathi’s petition alleging that he was not being allowed to perform his duty by the Sarpanch’s husband. The petitioner had refused to show the presence of 30 job card holders under Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA), who had not performed their duties and were absent, as demanded by the Sarpanch's husband.The counsel representing the petitioner-submitted that the menace of proxy Sarpanch was quite entrenched in grassroot level political system in the country..The Court noted that the Sarpanch’s husband or Sarpanch Pati seemed to be playing a “very important role” in appointment and termination of the Gaon Sathi, while wielding the actual political and decision-making power behind his spouse, the elected Sarpanch.This genre of “Sarpanch-patism” undermines the spirit and purpose of the 73rd Constitutional Amendment Act, 1992 with provisions for empowerment of women at the grassroots level and violates the constitutional rights and dignity of women, the Court added.It opined that such practice reduces the women to "faceless sarpanches" at the grassroots politics and also deprives them of their agency, autonomy, and voice in public affairs.The Court further remarked the Panchayati Raj and Drinking Water Department was duty bound to protect the sanctity of the reservation of women in Panchayati Raj system in the state. .Hence, the Court ordered that the petitioner be permitted to discharge his duties as Gaon Sathi till the next date of hearing on December 5.Advocate J Panda represented the petitioner.Advocate D Mund represented the State.The Supreme Court in July this year had refused to entertain a public interest litigation (PIL) petition against the menace of husbands running village local bodies through proxies including their wives who contest elections from posts reserved for women."The women are willingly lending their shoulders to such a scenario. What can be done by us," the apex court had asked.[Read Order]