New Delhi, Dec 14 (IANS) The National Human Rights Commission (NHRC) has said it has taken serious cognisance of the continuing and widespread practice of "proxy governance" in Panchayati Raj Institutions (PRIs) and Urban Local Bodies (ULBs), particularly in constituencies reserved for women.
The issue stems from a complaint filed by Sushil Verma, former Member of the Haryana State Commission for Protection of Child Rights, which was examined by a bench of the Commission headed by NHRC Member Priyank Kanoongo on December 12.
"After examining the complaint, the Commission observed that despite constitutional safeguards and judicial pronouncements, elected women representatives are often reduced to nominal heads, while actual administrative and decision-making powers are exercised by their husbands or male relatives, a practice commonly referred to as 'Sarpanch Pati' or 'Pradhan Pati'," the NHRC said.
The complaint further points to the informal appointment of relatives of elected women representatives as liaison persons or as representatives of MPs and MLAs, which results in undue interference in the functioning of constitutionally mandated local self-governance institutions.
The Commission recalled that even the Supreme Court has categorically deprecated this "unconstitutional and unlawful practice".
"Such proxy representation undermines the spirit of the 73rd and 74th Constitutional Amendments, defeats the objective of women's reservation under Article 243D, and violates fundamental rights guaranteed under Articles 14, 15(3), and 21 of the Constitution of India," the NHRC said.
The Commission also observed that such acts may amount to criminal misconduct under the Bharatiya Nyaya Sanhita, 2023, including offences related to impersonation of public servants, criminal breach of trust, and the unlawful assumption of public functions.
It noted that through proceedings dated September 9, a bench of the Commission presided over by NHRC Member Priyank Kanoongo had already taken cognisance of the matter under Section 12 of the Protection of Human Rights Act, 1993, and directed all states and union territories to submit Action Taken Reports (ATRs).
"However, responses were received only from the Governments of Andhra Pradesh, Bihar, Odisha, and Uttarakhand, and from a few cities in Uttar Pradesh, while 32 States/UTs failed to respond," the Commission said.
Given the seriousness of the issue and the continued non-compliance, the NHRC has now directed the issuance of Conditional Summons under Section 13 of the Protection of Human Rights Act, 1993, to the Principal Secretaries of the Departments of Panchayati Raj and Urban Local Bodies of 32 States and Union Territories.
The Commission said the concerned authorities have been asked to appear personally before it on December 30 at 11.00 a.m., along with detailed Action Taken Reports.
"If the requisite reports are received by December 22, personal appearance shall be dispensed with. Failure to comply without lawful excuse will invite action under Order XVI Rules 10 and 12 of the Civil Procedure Code, 1908, including issuance of warrants," it added.
Reiterating its position, the NHRC said women's reservation is intended to ensure real empowerment, dignity, and leadership, and not merely symbolic representation, adding that any form of proxy governance strikes at the very foundation of democracy and the rule of law.
Speaking on the matter, NHRC Member Priyank Kanoongo said, "The National Human Rights Commission is of the clear view that any form of proxy representation on posts reserved for women, whether in the form of 'Sarpanch Pati' or through any other informal arrangement, is contrary to the spirit of the Constitution. In a democracy, the elected woman representative alone is the lawful holder of the administrative, executive, and decision-making authority of her office."
He added that the Commission's responsibility is not limited to the protection of rights alone, but also "extends to ensuring the effective and meaningful implementation of constitutional provisions".
"When husbands or other relatives govern in place of elected women representatives, it amounts to a serious violation of women's dignity, equality, and right to self-determination," he said.
Kanoongo further stated that it is for this reason that the Commission has adopted a strict approach to ensure accountability from all states and union territories.
"This action is not confined to any particular state or region, but is a necessary step towards strengthening women's empowerment and reinforcing the credibility and integrity of democratic institutions across the country," he added.
--IANS
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