SC On Proxy Representation Of Women In Panchayats

Recently, the Supreme Court hearing the petition on the husbands of elected women representatives running offices, stated that it cannot prevent women from contesting panchayat elections on the basis that they are proxies. Uttar Pradesh-based Mundona Rural Development Foundation filed a petition against the role of male members in preventing elected women from active participation in Panchayati Raj Institutions (PRI).

SC on 6 July observed that a certain section of women cannot be stopped from contesting panchayat elections just because elected women representatives are mere figureheads and male counterparts are exercising power. 

SC On Proxy Representation Of Women In Panchayats

A bench led by Justice Sanjay Kishan Kaul said the SC court has its limitations, especially in matters touching on electoral democracy. As per the HT report, Justice Sudhanshu Dhulia on the bench asked the petitioner, "If the constitutional amendment has been followed only in letter and not in spirit, how will this court create the spirit? We are all for empowering women but it’s an evolutionary process. The whole problem is that you say panchayats are run by proxy. How do we preclude wives of influential men from contesting?"

The lawyer Swati Jindal representing the organisation argued that male members are sabotaging the reservation for women at the grassroots levels of local bodies due to their problematic control of decision-making. She also pointed out that a proxy process is used in the selection of panchayat pradhans and panchayats are operated by men behind elected women. 

SC court has acknowledged the problem but said it is not for the 'court to pass orders in a matter like this', as it is 'an issue for the Executive'. Court also mentioned that it cannot interfere in everything. However, Jindal asked to constitute a committee for measures on the issue, to which the court asked the petitioner to approach the Panchayati Raj ministry.

The court in the order, said, “We feel that it’s for the Panchayati Raj ministry to look into the petitioner’s grievances as to whether there can be a better mechanism to implement reservation for women. We permit the petitioner to move a representation with the ministry concerned." 

Earlier in 2022, the news of male members of families taking oath instead of the elected women representatives went viral. In recent Madhya Pradesh panchayat elections, relatives of elected women took the oath on their behalf. The Constitution under Article 243D, clause (3) allows one-third reservation for women out of the total number of seats of panchayat chairpersons. The gram panchayat is the lowest tier of the three-tier organisation in PRI. Panchayats have over 1.3 million elected women representatives in India. 

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