The National Human Rights Commission is taking a firm stand against a deep-seated issue in local governance. It has expressed serious concern over the widespread practice of proxy governance in Panchayati Raj Institutions and Urban Local Bodies. This problem is particularly acute in constituencies that are reserved for women.
The issue came to light following a complaint from Sushil Verma, a former member of the Haryana State Commission for Protection of Child Rights. A bench of the Commission, led by Member Priyank Kanoongo, examined this complaint on December 12.
After its review, the Commission made a stark observation. It noted that elected women representatives are often reduced to mere figureheads. The real administrative and decision-making power is wielded by their husbands or male relatives, a practice infamously known as ‘Sarpanch Pati’ or ‘Pradhan Pati’.
The complaint also highlighted another troubling trend. It pointed to the informal appointment of relatives of these women as liaisons for MPs and MLAs. This leads to undue interference in the functioning of these vital local self-governance bodies.
The Commission reminded everyone that even the Supreme Court has condemned this practice. The apex court has categorically deprecated this unconstitutional and unlawful way of operating.
Such proxy representation has severe constitutional implications. It undermines the spirit of the 73rd and 74th Constitutional Amendments. It defeats the very objective of women’s reservation under Article 243D and violates fundamental rights to equality and life.
The legal ramifications are also serious. The NHRC observed that these acts may constitute criminal misconduct under the Bharatiya Nyaya Sanhita, 2023. Potential offences include impersonation of public servants, criminal breach of trust, and the unlawful assumption of public functions.
This is not the Commission’s first move on this matter. A bench had already taken cognisance under the Protection of Human Rights Act back in September. It had directed all states and union territories to submit Action Taken Reports.
The response was overwhelmingly poor. Only the governments of Andhra Pradesh, Bihar, Odisha, and Uttarakhand, along with a few Uttar Pradesh cities, replied. A staggering 32 States and Union Territories failed to respond to the directive.
Given this continued non-compliance, the NHRC is escalating its action. It has now directed the issuance of Conditional Summons to the Principal Secretaries of the relevant departments in those 32 regions. They are being called to account for their silence.
The authorities have been asked to appear personally before the Commission on December 30. They must come with detailed Action Taken Reports in hand.
There is a small window to avoid this personal appearance. If the requisite reports are submitted by December 22, the summons will be withdrawn. Failure to comply without a lawful excuse, however, will invite stricter legal action, including the issuance of warrants.
The NHRC reiterated its core position with clarity. Women’s reservation is meant to ensure real empowerment, dignity, and leadership, not just symbolic representation. Any form of proxy governance strikes at democracy’s very foundation.
Member Priyank Kanoongo spoke decisively on the matter. He stated that any proxy representation on posts reserved for women is contrary to the Constitution’s spirit. In a democracy, the elected woman representative alone holds the lawful authority of her office.
He emphasized that the Commission’s duty extends beyond just protecting rights. It also involves ensuring the meaningful implementation of constitutional provisions for true empowerment.
When others govern in place of elected women, it is a grave violation. It violates women’s dignity, equality, and their fundamental right to self-determination.
Kanoongo clarified that this strict approach is to ensure nationwide accountability. This action is a necessary step to strengthen women’s empowerment and reinforce the integrity of democratic institutions across India.