NHRC issues conditional summons to officials of 32 states, UTs over 'proxy governance'

The National Human Rights Commission (NHRC) has issued conditional summons to the top officials of Panchayati Raj and urban local bodies departments in 32 states and Union territories for failing to respond to an earlier notice on the alleged practice of ‘proxy governance’ in local self‑government institutions.

The action follows a complaint by Sushil Verma , former member of the Haryana State Commission for Protection of Child Rights, examined by a bench headed by NHRC member Priyank Kanoongo on December 12. The complaint highlights that elected women representatives are often reduced to nominal heads , while actual decision‑making powers are wielded by their husbands or male relatives — a practice commonly referred to as ‘Sarpanch Pati’ or ‘Pradhan Pati’ .

Such proxy leadership has been reported across the country. In Chhattisgarh’s Kabirdham district , the husbands of six newly‑elected women panchayat members took the oath of office in place of their wives , prompting official outrage and a probe by authorities after videos of the all‑male oath ceremony went viral.

Investigations in Madhya Pradesh also reveal that many women elected as sarpanches remain figureheads , with husbands or village influencers dominating governance decisions. In one district, a sarpanch’s husband openly controls operations across hundreds of villages, sidelining the elected woman and marginalising her actual authority.

Earlier episodes from MP showed male relatives such as husbands, fathers‑in‑law and brothers‑in‑law being administered oath on behalf of elected women representatives , despite statutory rules stating only the actual winners should take the oath.

The NHRC said such practices undermine the 73rd and 74th Constitutional Amendments , defeat the purpose of women’s reservation under Article 243D , and violate fundamental rights guaranteed under Articles 14, 15(3) and 21 of the Constitution. Officials also noted that proxy governance could amount to criminal misconduct under the Bharatiya Nyaya Sanhita (BNS), 2023 , including offences like unlawful assumption of public functions.

On September 9, the NHRC had directed all states and UTs to submit action taken reports (ATRs) . Only Andhra Pradesh, Bihar, Odisha, Uttarakhand and some cities in Uttar Pradesh responded, while the remaining 32 states and UTs failed to comply .

In view of continued non‑compliance, the Commission has now issued conditional summons under Section 13 of the Protection of Human Rights Act, 1993 , directing principal secretaries of the concerned departments to appear personally before the NHRC on December 30 at 11 am , along with detailed ATRs. Personal appearance will be waived if reports are submitted by December 22 . Failure to comply may invite action under Order XVI Rules 10 and 12 of the Civil Procedure Code, 1908 , including the issuance of warrants.

Kanoongo stressed, “ Any form of proxy representation on posts reserved for women is contrary to the spirit of the Constitution. In a democracy, the elected woman representative alone holds administrative, executive and decision‑making authority.”

The NHRC reiterated that women’s reservation is meant to ensure real empowerment, dignity and leadership , not symbolic representation, and that proxy governance strikes at the very root of democracy and the rule of law .