SC calls for reforms to empower elected female representatives

The Supreme Court has underscored the urgent need for reform in governance structures to empower elected female representatives and safeguard their autonomy.

In a scathing critique of the regressive mindset entrenched in administrative systems, the Supreme Court has underscored the urgent need for reform in governance structures to empower elected female representatives and safeguard their autonomy.

Highlighting how women in leadership roles are often subjected to systemic discrimination and treated as subordinates to bureaucrats, a bench of justices Surya Kant and Ujjal Bhuyan called for introspection and significant structural changes to promote gender equality in governance. (HT Photo)

Highlighting how women in leadership roles are often subjected to systemic discrimination and treated as subordinates to bureaucrats, a bench of justices Surya Kant and Ujjal Bhuyan called for introspection and significant structural changes to promote gender equality in governance.

Delivering a judgment reinstating a young woman sarpanch in Chhattisgarh, the court noted that the bureaucratic machinery often undermines women in elected positions, disregarding their democratic mandate and imposing undue accountability upon them. The judgment, delivered on November 19, was released on Wednesday.

The judgment focussed on the entrenched gender bias within governance systems that disproportionately affects female leaders, particularly those in rural and remote areas. Women in leadership roles are frequently subjected to selective accountability, discriminatory practices, and systemic harassment, discouraging their participation in governance.

In a particularly strong rebuke, the court held: “There is a recurring pattern of similar cases, where administrative authorities and village panchayat members collude to exact vendettas against female sarpanches. Such instances highlight a systemic issue of prejudice and discrimination. 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-honoured tradition.”

This pervasive bias, the Court noted, reflects a failure of governance structures to adapt to the aspirations of a modern, progressive democracy. “It is disheartening that despite our nation’s aspirations to become an economic powerhouse, these incidents of discrimination against women in governance continue unabated, bearing striking similarities across geographically distant regions. Such practices normalise regressive attitudes and must be met with serious introspection and reform,” asserted the bench.

Underscoring the broader need for systemic change, the court called upon administrative authorities to act as enablers of women’s empowerment rather than obstacles to their leadership.

“Administrative authorities, being custodians of actual powers, 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,” it noted.

By adopting an inclusive and supportive approach, the bench emphasised, governance systems can create a level playing field for women leaders, ensuring that their voices are not stifled by bureaucratic overreach or societal prejudice.

The bench further expressed concern over what it termed a “colonial mindset,” where elected representatives are equated with appointed public servants, eroding the very essence of grassroots democracy.

It pointed out that the bureaucratic apparatus frequently imposes itself on elected representatives, undermining their authority and autonomy. This is particularly pronounced in cases involving women leaders, who are systematically marginalized and subjected to unfair treatment.

“The administrative authorities, with their colonial mindset, have regrettably failed yet again to recognize the fundamental distinction between an elected public representative and a selected public servant. Elected representatives like the appellant are often treated as subordinate to bureaucrats, compelled to comply with directives that serve to encroach upon their autonomy and impinge their accountability,” the court maintained.

Such practices, the bench emphasised, distort the democratic process, reducing the credibility and influence of those elected to represent the public. “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,” it noted.

The judgment came in the case of a 27-year-old woman sarpanch from Sajbahar Gram Panchayat in Chhattisgarh, who was removed from office under what the court termed as baseless and discriminatory allegations. The sarpanch, elected in 2020 with a significant mandate, had undertaken several development projects aimed at improving infrastructure and economic self-sufficiency in her village.

Despite her commitment, she faced systemic hurdles, including delayed issuance of work orders and subsequent accusations of delays in project execution. Bureaucrats, allegedly in collusion with panchayat members, initiated proceedings that culminated in her removal, lamented the court, adding she was also denied the opportunity to defend herself, violating the principles of natural justice.

“This appears to be a classic case of administrative imperiousness, where the authorities penalized a young, dedicated sarpanch for baseless and unwarranted reasons. Rather than supporting her developmental initiatives, they sought to undermine her credibility and obstruct her work,” the court said.

It quashed the orders for her removal, reinstating her as sarpanch and awarding ₹1 lakh as compensation for the harassment she faced. It also directed the state government to initiate action against the erring officials responsible for her ordeal.