Haryana SIC flags ‘Sarpanch Pati’ practice, says women Sarpanches must appear themselves
Women’s reservation meant for substantive participation, not symbolic occupancy of office
Haryana’s State Information Commission (SIC) has held that all matters before the Commission should be “represented by the concerned women Sarpanches themselves, wherever they are functioning as SPIOs (State Public Information Officers), and not through their husbands or any other unauthorised representatives.”
The observation was made during a hearing in which an RTI applicant, Ravinder Kumar, sought information about the National Rural Employment Guarantee Scheme in the Rambass village in the Kanina block of Mahendragarh.
The bench of State Information Commissioner, Dr Ajay Kumar Sura, noted that SPIO-cum-Sarpanch Saroj was represented by her husband, Kuldeep Kumar. The Commission said that in several other matters, it had noticed that women Sarpanches were represented by their male relatives, particularly their husbands, who unofficially describe themselves as “Sarpanch Pratinidhi”.
“This practice appears to be widespread and reflective of deeply entrenched patriarchal norms operating within the village-level governance structure. The constitutional mandate of reservation for women in Panchayati Raj Institutions was intended to secure the substantive participation of women in local self-governance and not merely symbolic occupancy of office. The State of Haryana also prescribes a minimum education qualification for elected representatives in Panchayati Raj Institutions and, therefore, it cannot be presumed that an elected woman Sarpanch is illiterate to understand her duties or her role at the village level,” said the Commission.
It added that “permitting spouses or other relatives to conduct official affairs on behalf of elected women representatives defeats the very object of democratic decentralisation and women’s political empowerment.”
The order, dated May 26, further said, “Any representative before the State Information Commission or by an unauthorised proxy, including making submissions on behalf of the elected Sarpanch, may seriously compromise the sanctity and legality of proceedings conducted before this Commission.”
Referring to the Haryana Panchayati Raj Act 1994, the Commission said that conjoint reading of Section 18 (1), Section 19 (iii) and Section 4 (1) leaves no doubt that “powers, duties, responsibilities and statutory provisions vested with an elected Sarpanch are personal to the office bearer and cannot be delegated or exercised through an unauthorised proxy.”
The order said, “Consequently, the practice of male relatives functioning as de facto representatives of elected women Sarpanches is wholly impermissible in law. Accordingly, the Commission Secretariat is directed to forward a copy of this order to the Additional Chief Secretary (ACS), Department of Development and Panchayat, Haryana, to issue necessary directions to all District Development & Panchayat Officers and Block Development & Panchayat Officers to ensure that all the matters before the State Information Commission are represented by the concerned women Sarpanches themselves, wherever they are functioning as SPIOs, and not through their husband or any other unauthorised representatives.”
It added that “the directions issued by the ACS should be clear that any proxy representation by a male representative of women Sarpanches would render the entire proceeding void.”
