SC Raises Concern Over Gender Bias Against Elected Women in Panchayats

SC Raises Concern Over Gender Bias Against Elected Women in Panchayats

The Supreme Court recently expressed strong disapproval of the gender discrimination experienced by elected women representatives in India, especially at the Panchayat (village council) level.

The Court was examining a case in which the ousting of a female Sarpanch (elected village head) highlighted yet another instance of collusion between administrative authorities and other Panchayat members to target a woman in power.

A bench of Justices Surya Kant and Ujjal Bhuyan noted that the Court had previously raised concerns about the widespread and systemic mistreatment of female Sarpanches at various administrative levels.

"Such instances highlight a systemic issue of prejudice and discrimination ... Alarmingly, the removal of an elected female representative, especially in rural and remote areas, is frequently treated as a casual matter, wherein disregarding principles of natural justice and democratic processes is treated as a time ­honored tradition. This entrenched bias is particularly disheartening and demands serious introspection and reform," the Court observed.

The Court further emphasized that a nation aspiring to become an economic powerhouse cannot afford to tolerate such persistent gender discrimination.

"It is distressing to witness such incidents occurring consistently and being normalized, so much so that they bear striking similarities even in geographically distant regions. Administrative authorities, being custodians of actual powers and affluent enough, should lead by example, making efforts to promote women’s empowerment and support female-led initiatives in rural and remote areas. Instead of adopting regressive attitudes that discourage women in elected positions, they must foster an environment that encourages their participation and leadership in governance," the Court said.

The case before the Court involved a 27-year-old woman who had been elected as the Sarpanch of Sajbahar Gram Panchayat. Her Panchayat was later entrusted with several development projects, including ten road construction works. However, she was ultimately blamed for delays in the construction projects and removed from her position in January 2024. She challenged her removal, but after the High Court denied her relief, she approached the Supreme Court.

On November 14, the Supreme Court ordered her reinstatement and awarded her ₹1 lakh in compensation for the harassment she endured. The Court found that the woman Sarpanch had been unfairly singled out and blamed for the delays, despite the fact that the responsibility for overseeing the development work was shared by multiple Panchayat members.

"We are convinced that these proceedings (against the woman Sarpanch) were initiated on a flimsy pretext, to remove the appellant from office under false and untenable grounds," the Court concluded.

In its judgment, the Court also criticized the prevailing tendency to treat elected representatives as "subordinate to bureaucrats," with the aim of forcing them to comply with directives that undermine their autonomy.

"This misconceived and self styled supervisory power is asserted with an intention to equate elected representatives with public servants holding civil posts, completely disregarding the democratic legitimacy conferred by election," the Court lamented.

Advocates Manish Kumar Gupta, Lave Kumar Sharma, and Sharadprakash Pandey appeared for the appellant (Sarpanch), Sonam Lakra.

Deputy Advocate General Vikrant Singh Bais with Advocates Vinayak Sharma, Ravinder Kumar Yadav, Kshitiz Aggarwal, and Kritika Yadav appeared for the State of Chhattisgarh.

 
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