Orissa High Court Says Husbands Of Women Sarpanches Wielding Actual Political Power, Says "Sarpanch-Patism" Undermines 73rd Constitutional Amendment
The Orissa High Court observed that the interference of husbands, known as "Sarpanch Pati," in the appointment and termination of Gaon Sathis undermines the spirit of the 73rd Constitutional Amendment Act, which aimed to empower women in Panchayati Raj Institutions. The Court noted that such interference violates the constitutional rights and dignity of women, reducing them to "faceless sarpanches" in grassroots politics.
The petitioner, who served as GAAN SAATHI from 2017 to 2021, claimed to have been asked by the Sarpanch's husband to falsely show the presence of 30 job card holders under the MGNREGA scheme. The petitioner refused, leading to alleged vindictive actions. The petitioner approached the Collector after being prevented from performing duties, but the Collector has not taken action on the matter.
A Bench of Justice S.K. Panigrahi found, “In the present case, the Sarpanch Pati seems to be playing a very important role in appointment and termination of the Gaon Sathi, 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.”
The Court added, “This genre of Sarpanch Patism defeats the purpose of reservation for women in the Panchayati Raj Institution.”
Advocate J. Panda appeared for the Petitioner and Advocate D. Mund appeared for the Respondents.
The petitioner contended that the husband of the Sarpanch was acting as a de facto Sarpanch and that the proxy Sarpanch cannot dictate orders to the petitioner.
The Court said, “The patriarchal attitudes in the veil of proxy Sarpanch and practices greatly hinders women's participation and empowerment in public life. Enacting laws and policies to prevent and punish Sarpanch-patism and other forms of proxy politics”
In an interim measure, the petitioner was directed to be permitted to discharge duties as GAAN SAATHI until the next hearing. The Court added, “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. Further, the Secretary to file an affidavit stating the availability of the provisions of complaint/grievance redressal mechanism at the District level against such erring proxy Sarpanches.”
The case is scheduled for further consideration on December 5, 2023.
Cause Title: Manoj Kumar Mangaraj v. The Collector, Kalahandi & Ors.
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