Report on 'sarpanch pati' proxy practice in local bodies, NHRC directs states

The National Human Rights Commission (NHRC) has ordered all states and UTs to submit detailed reports on the practice of "\ISarpanch Patis\I" — wherein male relatives allegedly exercise authority in place of the elected women representatives in Panchayati Raj Institutions (PRIs) and Urban Local Bodies (ULBs).

The commission has directed principal secretaries of the Departments of Urban Local Bodies and Panchayati Raj to provide information on the prevalence of such practices and their legality under state laws.

The order follows a complaint highlighting violations of constitutional mandates and human rights stemming from proxy governance by male relatives of women sarpanches.

The NHRC pointed to the Supreme Court’s recent condemnation of the '\ISarpanch Pati\I' phenomenon, describing it as unconstitutional and unlawful. "It has been alleged that, notwithstanding constitutional and judicial safeguards intended to empower women, elected women representatives are often reduced to nominal or symbolic heads, while actual administrative and decision-making powers are exercised by their male relatives," said the panel.

The complaint also flagged the appointment of male relatives as liaison persons by MPs and MLAs, resulting in undue interference with local self-governance bodies. Such practices, it warned, undermine democratic values and the principles of devolution enshrined in the Constitution.

The NHRC cited the 73rd Constitutional Amendment, which mandates at least one-third reservation for women in panchayat chairperson positions, stating that proxy governance "defeats the constitutional mandate" and compromises accountability to the electorate.

While the Ministry of Panchayati Raj has issued advisories and proposed penalties against "\ISarpanch Pati\I" practices, the NHRC emphasised the need to focus on Urban Local Bodies as well.

Presided over by member Priyank Kanoongo, the NHRC Bench invoked Section 12 of the Protection of Human Rights Act, 1993, directing states to submit action-taken reports within four weeks.

The commission directed the states and UTs to "furnish a detailed action taken report (ATR) to it within 4 weeks in respect to the above, including the number of complaints/cases identified, measures taken to curb practice of proxy representation, directives issued to subordinate officers and field-level functionaries and any other relevant action taken to ensure compliance with the constitutional mandate."

The commission also urged the authorities to treat the matter with utmost seriousness and ensure prompt and effective action. In February this year, a Ministry of Panchayati Raj panel recommended “exemplary penalties” for proven cases of proxy leadership to curb the practice of ‘Pradhan Pati’, ‘Sarpanch Pati’ or ‘Mukhiya Pati’ in gram panchayats.

“Exemplary penalties should be enforced for proven cases of proxy leadership, deterring male relatives’ interference,” the committee headed by former Mines Secretary Sushil Kumar said in its report "Transforming Women’s Representation and Roles in Panchayati Raj Systems and Institutions: Eliminating Efforts for Proxy Participation."

India has about 2.63 lakh panchayats. Among the 32.29 lakh elected representatives in these local governance bodies, women account for 46.6 per cent. While women’s representation has increased, their real participation in ground-level decision-making remains low.