NEW DELHI, 14 Dec: The NHRC has issued “conditional summons” to top officials of panchayati raj and urban local bodies departments of 24 states and eight union territories, which “failed” to respond to an earlier notice by it on the alleged practice of ‘proxy governance’ in such institutions.
The matter is related to a complaint filed by Sushil Verma, former member of the Haryana State Commission for Protection of Child Rights, which was considered by a bench of the National Human Rights Commission (NHRC) headed by its member Priyank Kanoongo on 12 December, officials said on Sunday.
After examining the complaint, the commission observed that despite constitutional safeguards and judicial pronouncements, elected women representatives are often allegedly “reduced to nominal heads,” while actual administrative and decision-making powers were “exercised” on their behalf by their husbands or male relatives, a practice commonly referred to as ‘sarpanch pati’, according to the proceedings of the case.
The complaint also highlights the alleged informal appointment of relatives of elected women representatives as liaison persons or representatives of MPs and MLAs, leading to “undue interference” in the functioning of constitutionally mandated local self-governance institutions.
The commission noted that the Supreme Court, in an earlier writ petition, categorically deprecated this unconstitutional and unlawful practice.
Such proxy representations undermine 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 officials said.
The NHRC also observed that these acts may amount to criminal misconduct under the Bharatiya Nyaya Sanhita (BNS), 2023, including offences relating to impersonation of public servants, criminal breach of trust, and unlawful assumption of public functions.
In the proceedings, it was mentioned that on 9 September, the bench presided over by Kanoongo already took cognisance of the matter under Section 12 of the Protection of Human Rights Act, 1993, and directed all the states and UTs 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 and UTs failed to respond.”
In view of the seriousness of the issue and continued non-compliance, the commission has now directed 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 proceedings said.
The authorities concerned have been directed to appear personally before the Commission at 11 am on 30 December, along with detailed action taken reports, they said.
If the requisite reports are received by 22 December, 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, they said.
The commission has reiterated that women’s reservation is meant to ensure real empowerment, dignity, and leadership, not symbolic representation, and that “any form of proxy governance strikes at the very root of democracy and the rule of law.”
Kanoongo said, “The NHRC 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 said. (PTI)