Panchayats

Nomination of Persons with Disabilities to Local Bodies

Context: The state government of Tamil Nadu has introduced two Bills in the Legislative Assembly to increase representation of persons with disabilities (PwDs) in all local government bodies across the state. This is seen as an affirmative action and effective way to increase their representation.

Relevance of the Topic: Mains: Increased Political Representation of PwDs as one aspect of larger Disability Rights and Affirmative action.

Affirmative Action as a Tool for Justice: Affirmative action is an effective means to address historical injustices and systemic deprivation, especially for marginalised communities.

Scope of the Bills

First Bill amends the Tamil Nadu Urban Local Bodies Act to nominate PwDs to all town panchayats, municipal councils, and municipal corporations.
Second Bill amends the Tamil Nadu Panchayats Act to ensure at least one PwD is nominated to every village panchayat, panchayat union council, and district panchayat.
If enacted, these laws will guarantee posts for PwDs in urban local bodies, village panchayats, panchayat unions, and district panchayats. Currently, only 35 PwDs serve in urban local bodies, indicating a significant gap in representation.

Tenure and Entitlements:

Nominated members will serve for the same term as elected members (generally 5 years).
They will receive honoraria, allowances, and other benefits at par with elected councilors.
However, they will not have voting rights in council decisions. Their role is advisory and representative.

Potential Impacts of the Legislation

Empowerment and Social Change: The move aims to ensure dignity, reduce stigma, and empower the disabled community by involving them directly in grassroots decision-making, leadership roles, and increase their social acceptance.
Inclusive Representation: For PwDs, the barriers to contest elections are immense be it due to financial constraints, lack of accessibility, or stigma. The bills breaks those barriers and brings their voices to the forefront. Tamil Nadu’s initiative is described as the first in India to bring PwDs into mainstream leadership roles in local governance.
Catalyst for Inclusive Growth: PwDs would be able to highlight issues like inaccessible public buildings, lack of ramps, poorly maintained roads, job quotas, healthcare access, or school facilities—right in the forums that make decisions about them. It would have a ripple effect:
- Awareness increases among other members.
- May increase Budget allocations for disability-specific needs.
- Policies would become more empathetic and grounded in real-world challenges.

The reforms are intended not just to integrate PwDs into society, but to enable them to act as agents of change and leaders, benefiting both the community and society at large.

However, we need to be cautioned against tokenism, taking reference from past experiences where women leaders were replaced in practice by male relatives, and ensure that the intended beneficiaries—PwDs—truly receive the benefits of the reform.

Enforce Exemplary Penalties to end Pradhan Pati Culture

Context: The Ministry of Panchayati Raj had created a Panel in 2023 to examine the issue of Women Pradhan being represented by their Male members of their families. The panel has recommended “exemplary penalties” for proven cases of proxy leadership as a measure to curb the practice of ‘Pradhan Pati’, ‘Sarpanch Pati’ or ‘Mukhiya Pati’ in Gram Panchayats across the country.

Relevance of the Topic: Mains: Issues concerning Panchayati Raj Institutions; Devolution of real power to women at panchayat.

Sarpanch Pati

It is a term used to describe the situation when women are elected as Sarpanch or Pradhan but their relatives act as sarpanch-pati or sarpanch-devar or pradhan-pati etc. wielding the actual political and decision-making power behind women.
The term implies that where women are de jure elected, and their husbands de facto run the Panchayat.

Constitutional and Legal Provisions in the context of Women Reservation

73rd Constitutional Amendment Act, 1992:
- One-third reservation for women in PRIs.
- 21 States and 2 UTs increased this to 50% reservation for women.
- Legal loophole: The Act does not explicitly prohibit proxy leadership, allowing male relatives to misuse power.
Supreme Court’s Order (July 2023):
- In Mundona Rural Development Foundation Vs Union of India, SC directed the Ministry of Panchayati Raj (MoPR) to investigate and recommend steps to curb proxy leadership.
Panchayati Raj Act (State-specific variations):
- Some states have stronger gender-inclusive policies, for example:
  - Kerala: Reserved seats for women in Panchayat subject committees and ward-level committees.
  - Madhya Pradesh & Chhattisgarh: Regular monitoring of women’s participation in PRIs.

Key Issues involved with respect to Women Reservation in Panchayats

Proxy Leadership in PRIs:
- Despite a high number of women elected representatives (WERs) in Gram Panchayats, many do not exercise real power due to proxy leadership by male relatives (husbands, fathers, or brothers).
- These male relatives, referred to as ‘Sarpanch Pati’, ‘Pradhan Pati’, or ‘Mukhiya Pati’, informally assume control over governance decisions.
- Example: In Rajasthan, cases have been reported where elected women representatives are rarely seen at Panchayat meetings, while their husbands take all major decisions.

Regional Disparities:
- Proxy leadership is more prevalent in Northern states, particularly in: Uttar Pradesh, Bihar, Haryana and Rajasthan.
- Example: In a study conducted in Bihar, it was found that over 60% of elected women panchayat leaders had their husbands or male relatives attending meetings and making decisions on their behalf.

Lack of Effective Participation
- Although women make up 47% of elected representatives in PRIs, their real decision-making power remains low.
- Reasons being:
  - Societal norms discourage women from taking leadership roles.
  - Women often lack confidence, education, and training in governance.
  - Family pressure forces them to delegate responsibilities to male relatives.
  - Example: A survey in Haryana found that most women Sarpanches did not even know the details of their Panchayat’s budget, as their husbands handled financial matters.

Weak accountability mechanisms:
- No strict legal provisions or penalties to deter proxy leadership.
- Complaints about proxy leadership rarely lead to action due to lack of proper complaint mechanisms.
- Example: In Rajasthan, a woman Pradhan who attempted to report her husband’s interference was threatened by community leaders and forced to withdraw her complaint.

Insufficient training and support for Women leaders: Women Elected Representatives are often first-time leaders, lacking:
- Governance knowledge.
- Awareness of their rights and responsibilities.
- Administrative experience.
- Example: In a Panchayat in Madhya Pradesh, a woman Sarpanch struggled to understand official documents, forcing her to rely on her husband for all official correspondence.

Lack of technology-based interventions:
- No structured digital tracking system to monitor whether the elected women representatives are actually attending meetings and making decisions.
- Example: While Kerala has a system where Panchayat meetings are live-streamed, ensuring transparency, most Northern states lack such mechanisms.

Key Recommendations to address Proxy Leadership

Legal and Policy reforms: Strict penalties for proxy leadership as recommended by the panel.
- Exemplary penalties should be enforced for proven cases.
- Standardisation of legal measures: A uniform national policy should be framed to prevent proxy leadership.
- Example: In some Gram Panchayats in Maharashtra, proxy leadership cases have resulted in disqualification of elected women representatives, but such penalties are not consistently applied across India.

Helpline and Whistleblower Protection Mechanisms:
- Setting up confidential helplines where women representatives can report proxy leadership without fear.
- Whistleblower rewards: Incentivizing verified complaints. Example: Kerala has a Women’s Helpline for elected representatives, which helps report gender-based issues, including proxy leadership.

Gender-Exclusive Quotas:
- Reserved seats in Panchayat subject committees and ward-level committees to ensure women’s representation in governance.
- Example: Kerala’s model of women-only committees in Panchayats has improved decision-making and participation.

Women Ombudspersons for PRIs:
- Appoint women’s ombuds-persons to handle complaints related to gender-based discrimination and proxy leadership.
- Example: In Odisha, a few districts have introduced women ombudspersons in PRIs, leading to better grievance redressal.

Mandatory Public Swearing-In of Women Pradhans:
- Women must take an oath of office publicly in Gram Sabha meetings, reinforcing their accountability.

Capacity building and leadership training:
- Mandatory training in governance, financial management, and legal rights. Training in vernacular languages for accessibility.
- Example: Tamil Nadu introduced a mandatory induction program for all first-time WERs, which significantly improved their participation.

Direct mentorship by Women MLAs and MPs:
- Elected women Pradhans should be directly mentored by experienced women leaders.
- Example: A pilot mentorship program in Karnataka helped new women Pradhans gain confidence and effectively perform their duties.

Gender Resource Centers in Panchayats:
- Centers offering legal advice, leadership coaching, and networking opportunities for women representatives.
- Example: West Bengal’s Self-Help Group model integrates women’s leadership training with Panchayat governance.

Use of technology and Digital Governance:
- Virtual Reality (VR)-based training to simulate real-life governance situations and build confidence.
- AI-driven legal and governance guidance in local languages. Example: Some urban local bodies in Telangana have started using AI chatbots to assist first-time leaders in governance queries.

Digital tracking of Women’s participation:
- Panchayat Nirnay Portal: Citizens can track the attendance and participation of elected women representatives.
- WhatsApp Groups for Women Representatives linked with officials for real-time issue resolution. Example: In Gujarat, a mobile app tracks Panchayat meeting attendance, helping curb proxy participation.

Institutional oversight and community involvement:
- Formation of Women-Only Monitoring Councils. District and block-level councils comprising experienced women ERs and retired officials to monitor proxy leadership cases.
- Annual awards for anti-proxy initiatives: Recognising individuals and organisations that actively combat proxy leadership.

Also Read: Role & Challenges of Women in Panchayati Raj Institutions

Proxy leadership severely undermines women’s political empowerment in Panchayati Raj Institutions. By implementing strict penalties and public accountability measures, the government can ensure that elected women leaders truly exercise their democratic mandate.

Panchayati Raj Movement is in Distress

Context: After 75 years of adoption of the Constitution of India and over 32 years of the enactment of the 73^rd Constitutional Amendment Act, the Panchayati Raj Institution (PRI) is going through a phase of decline.

Relevance of the Topic:Mains: Critical analysis of the achievement and functioning of Panchayati Raj Institution.

Background of the 73^rd Constitutional Amendment Act

The 73rd Amendment (1992) institutionalised decentralisation in rural India by establishing a three-tier system (village, block, district levels).
Key features: Regular elections, 50% reservation for women, SCs, and STs, democratic decentralisation and institution of State Finance Commissions to allocate funds.
Despite initial success, the momentum of local governance has recently been stalled, and panchayats risk becoming irrelevant due to societal and technological changes.

Achievements of the Panchayati Raj Institution

Increased political participation: Panchayat elections are keenly contested across states.
Women’s leadership: 14 lakh+ elected women representatives have assumed leadership roles.
Establishment of village level bureaucracy: Constitution has mandated State Finance Commission and administrative mechanism to strengthen the PRIs.
Implementation of social sector programs: Gram panchayats play a key role in executing welfare schemes.

Decline of Panchayati Raj Institution

However, it is seen that the institution is going through a phase of decline, the general and systemic reasons leading to decline are:

1. General reasons for the decline:

Declining public participation: Local governance is losing significance in decision-making.
Overdependence on centrally sponsored schemes: Panchayats lack autonomy due to conditional funding.
Politicisation: Panchayats are increasingly influenced by political parties, affecting their neutral functioning.

2. Systemic issues leading to decline:

Stagnation in administrative decentralisation:
- State governments have not devolved staff and full control over 29 subjects listed in the Eleventh Schedule.
- Less than 20% of states have fully devolved all 29 subjects (Ministry of Panchayati Raj Report, 2022).
- Panchayats lack bureaucratic support and decision-making power.
Reduced Fiscal Autonomy:
- While direct transfers increased from ₹1.45 lakh crore (13th FC) to ₹2.36 lakh crore (15th FC), untied grants fell from 85% to 60%.
- Tied grants allow the central government to control local spending.
- Thus, Panchayats are financially constrained and cannot decide their own development priorities.
Shift in Welfare Delivery Model:
- Direct Benefit Transfers (DBTs) via Jan Dhan-Aadhaar-Mobile (JAM) have reduced panchayat involvement.
  - Example: PM-KISAN (₹6,000 per farmer annually) operates without panchayat participation, reducing local accountability.
Rapid Urbanisation & Policy Shift:
- The rural population has declined from 75% (1990) to 60% (present); subsequently, the focus on urban governance and issues has increased.
- Policy priority has shifted towards urban governance and municipal reforms.

Ways to revive Panchayati Raj Institution:

Strengthening Decentralisation:
- Full devolution of 29 subjects under the Eleventh Schedule.
- Increased untied funds for local decision-making.
- Strengthening administrative autonomy by deploying staff at the panchayat level.
Implementing technology for governance: Digital tools to enhance citizen participation in planning, budgeting, and grievance redressal.
- A networked Panchayati raj system can bridge the rural-urban divide.
Expanding Panchayat roles in key areas:
- Migration support: Panchayats can assist in safe internal migration and ensure social security for migrant families.
- Water conservation & renewable energy: Panchayats can manage common resources using scientific & traditional knowledge.
- Disaster risk management: Implement early warning systems, resilient infrastructure, and community preparedness programs, disaster-resilient infrastructure, and capacity-building for residents.
Strengthening women’s and marginalised groups’ participation:
- Improve capacity-building programs for elected women representatives & SC/ST leaders.
- Ensure gender-sensitive governance and reduce bureaucratic resistance to women-led panchayats.
Balancing Rural-Urban development:
- Recognise semi-urbanising villages and create rural-urban governance models (PURA Model).
- Introduce special financial provisions for peri-urban panchayats dealing with rapid urbanization.
Creating a National Policy for Panchayati Raj 2.0:

Revisit the constitutional framework of local governance to align with modern challenges.
Establish a national commission to reassess panchayat powers, finances, and roles in development.
Ensure consistent monitoring and reform based on periodic performance evaluations.

Over 95 Crore people still live in rural India. A new vision is needed to redefine the role of panchayats in changing the development landscape of India.