A view of the exterior of the Orissa High Court, in Cuttack, Orissa. File
The Orissa High Court has taken strong exceptions to husbands of woman sarpanches (village heads) interfering in functioning of panchayats and directed the State government to inform what action has been taken by the concerned department against such ‘proxy sarpanches’ and on giving women sarpanches proper capacity building training.
Adjudicating a petition filed by a ‘gaon saathi’ Manoj Kumar Mangaraj who was aggrieved by ‘sarpanch pati’ (sarpanch’s husband), a single judge bench headed by Dr. Justice S.K. Panigrahi said, “The sarpanch pati seems to be playing a very important role in appointment and termination of the gaon saathi, while wielding the actual political and decision-making power behind his spouse who is an elected as 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, who are reduced to ‘faceless sarpanches’ at the grassroots politics. It deprives them of their agency, autonomy, and voice in public affairs,” said Justice Panigrahi in his order.
He observed Article 243D of the Indian Constitution mandates the State Governments to include a provision in the respective State Acts for reserving a minimum of one third of seats for women at all levels in Panchayati Raj institutions, whereas, the State like Odisha follows 50% reservation for women in PRIs.
“The patriarchal attitudes in the veil of proxy sarpanch and practices greatly hinders women’s participation and empowerment in public life,” the Orissa HC judge remarked.
“The Panchayati Raj and Drinking Water Department is duty bound to protect the sanctity of the reservation of women in Panchayati Raj system in the State. Since the proxy sarpanches are managing the gram panchayats especially where women are sarpanches, the government through appropriate department has to deal with such matter seriously or else, the grassroots of the democracy would be in peril,” he pointed out.
“The Secretary, Panchayati Raj Department is directed to file a reply as to what action has been taken by the concerned department against such proxy sarpanches and what steps have been taken to give women sarpanches proper capacity building training,” ordered the Orissa HC
The HC further directed the secretary to file an affidavit stating the availability of the provisions of grievance redressal mechanism at the district level against such erring proxy sarpanches.