New Delhi, Nov 28 (Representative) The Supreme Court on Thursday criticized the persistent discrimination against women in governance, calling it ‘distressing’ and ‘unacceptable’, especially when India aspires to become an economic powerhouse. A bench of Justice Surya Kant and Justice Ujjal Bhuyan found the removal of a 27-year-old woman Sarpanch from Chhattisgarh, as arbitrary and high-handed, noting that the delays were beyond the Sarpanch’s control. The Court granted relief to the woman Sarpanch, who was removed from her position on allegations of delays in construction work.“Construction projects require collaboration between engineers, contractors, and timely material supply, ” the court noted. Holding the Sarpanch solely responsible for delays without evidence of negligence in her duties is unjust,” the Top Court said. The woman was elected Sarpanch of Sajbahar Gram Panchayat in 2020 and removed in 2023 under the Chhattisgarh Panchayat Raj Adhiniyam, 1993. After being denied relief by the High Court, she approached the Supreme Court. The Court observed that such cases reveal a systemic issue of prejudice against female representatives, particularly in rural areas.
“The removal of elected women leaders often disregards principles of natural justice and democratic values, perpetuating entrenched biases. This practice demands urgent introspection and reform,” the Court noted. The Apex Court also condemned the discriminatory attitudes within the administration, stating, “Instead of empowering women, administrative authorities often adopt regressive attitudes, discouraging their leadership in governance. Such behaviour normalizes gender bias across regions and undermines democratic progress.” The Court highlighted the tendency of bureaucrats to misuse their authority to undermine elected representatives. “There is a failure to differentiate between elected public representatives and elected public servants. Bureaucratic interference encroaches on the autonomy of elected leaders, treating them as subordinates and weakening grassroots democracy,” the bench remarked.
The Apex Court dismissed the High Court’s decision to deny relief citing the availability of alternative remedies to the Women Sarpanch. The Supreme Court emphasized that discretionary powers under Article 226 must be exercised when administrative misuse of power threatens democratic values. Directing the Chief Secretary of Chhattisgarh to pay Rs. 1 lakh in compensation to the appellant, the Court also ordered an inquiry to identify the officials responsible for her harassment. The state may recover the amount from those found guilty, following principles of natural justice. The Court said,” Despite our nation’s aspirations to become an economic powerhouse, these incidents of discrimination against women in governance continue unabated. Such practices normalise regressive attitudes and must be met with serious introspection and reform,” the Court said and added that there is a need for systemic reform to support women in governance and foster a fair and inclusive democratic process.