CHAPTER V - PROBLEMS IN IMPLEMENTATION OF

RESERVATIONS TO DALIT (SCHEDULED CASTE) WOMEN IN

PANCHAYAT RAJ – SOCIO POLITICAL STUDY

Introduction: It is proposed to discuss empowerment of Dalit Women through

Panchayat Raj System inorder to have democratic decentralization through
Panchayat Rah System, three tier system was introduced by 73rd and 74th
Constitutional Amendments, reservations to Dalit women inPanchayat Raj system
no doubt improved the status of women in general and Dalit Women in particular.

Women’s empowerment cannot be accomplished without their voice being

heard, till they are given sufficient portrayal on dynamic stages. It is to be noted
that every being has a right inherent by birth, but no right is absolute. Similarly no
privilege is supreme, as is empowerment. Empowerment of women is not a
destination, it is the journey, it is not a result, but the path to it, a continuous one.
The process of providing privileges and benefits to the depressed classes has
evolved since long time. It has taken centuries for the law makers to provide
benefits and make provision for such benefits for the oppressed ones. The idea of
reservation started from the necessity of creating a platform for the depressed ones
in the society. As learnt in the previous chapters, reservation have slowly but
strongly evolved for cementing a platform for women, Dalits, tribes, backward
classes, socially and educationally deprived people. Till recently reservations were
based on backwardness of people either in the area of education or in society, but
know economic criteria is also being considered. So women, especially Dalit
women have been given support for education, generating income, and political
representation.

A step toward the political representation of Dalit women was taken up

through 73rd Amendment to Indian Constitution in the year 1993. Also, Article
243 D of the Indian Constitution articulates for reservation of Scheduled castes
and Scheduled tribes in every Panchayat, proportionate to their population in that
particular area. This is hailed as a significant achievement toward women’s
empowerment. This idea, other than making arrangement for reservation of seats
for women, Dalit women is proportionate to their population in the locality. The
local governance being named Panchayat Raj in rural areas and municipalities in
the urban areas lend voice for the women. They further guarantee reservation of
at the very least 33% of these reserved seats for women. The effect of reserving
33% of seats for women in the Panchayat Raj Institutions was a positive step
towards an egalitarian state, which has also been productive, and has enabled
women both politically and socially. As per reports, currently, there are around 2,
60,000 panchayat agents in India, out of which, around 75,000 are women.

Annammal, village panchayat President, Madurai, Tamil Nadu said that

“More and more Dalit women should contest the elections and get elected to the
panchayat, and help the Dalit community become liberated from their bondage.
Like the dominant castes, the Dalits should join hands with other Dalit sub-groups
and stand together against the dominant castes. They should be able to work
independently in the panchayats and stop being proxies for the dominant castes.
We Dalits need to focus on our progress, throwing off our subordination.”1

Dalit women, due to increase in literacy percentage of late, have realized

that their participation in the local governance is as important as other issues.
They realised that their voice need to be made heard by the society. They also
realized that, it is they themselves, who can speak, solve and empower themselves
and their own community. It has also been enlightened that, though they are
represented by many other political parties and their leaders, but unless a person
himself talk about his problems, no one in the world will come to know the truth.
Dalit women also realized that they are better resolvers of their problems. They
have become aware that the solutions that they can provide to their community
cannot be done by other people. As they have since many years brushed aside, put
to several problems, atrocities, they pain in their hearts and lives is well known to
them. Other people can provide a tissue to their tears, lend their ears for their
problems, and come out with plans to solve them. But no one can step into their
shoes and undergo and experience their pain. This though made Dalit women
think over and over again and again to stand up to themselves. So the local
governance ideas in the form of Panchayat Raj and Municipalities have given
them a ray of hope to end their pain and see a new sun.

According to a report, the Dalit women elected representatives of

Ahmedabad district in Gujarat State, once said that: “Reservation has meant little

1
Jayshree Mangubhai, Aloysius Irudayam SJ and Emma Sydenham- Dalit Women’s Right to
Political participation, A Study of Gujarat and Tamilnadu
difference other than formal elections: it has not meant any real change for women
other than their ability to move outside the house.”

Dalit women have also understood very well now that, their direct political
participation in Panchayat Raj is a basic human right inherent by birth and enables
them to also realize a host of other human rights. Villages, rural areas have their
own problems. A leader from outside cannot understand properly, even with full
information, cannot address adequately. Education, social, economic development
is important for a village or locality to become self-reliant. However, daily basic
necessities, social justice, local grievances, are critical factors to be decided on.
Decision making power should rest with everyone. For example, you make a
person Prime Minister of the country, but what if he is not given power to decide
on some issues, if a patient visits a hospital, the doctor is given power to decide
what medication has to be administered. Similarly, even after many steps taken for
the Dalit women, if they are left powerless in many issues, then they will not be
vindicated. Dalit women need decision-making power with regards to basic
necessities and services, socio and economic development, social justice. These
are just a few critical factors in challenging and reforming the structural caste,
gender and class based discrimination. Dalit women have to understand and
realize their fundamental rights.

As long as Dalit women come out, use their universal franchise, they can
elect the right candidate who will work for their development. But instead the
other way round, if they also come out and participate in elections that shall
positively change the political environment. Instead of making someone else their
mouthpiece, they can themselves voice their concerns, they being in a better place
to explain the same. Participation of Dalit women in politics, hounds the
governments from ignoring its duties. Governments have been coming up with
many plans, schemes, and benefits for Dalit women, however, how far are they
accountable for the status of Dalit women. Participation of women mainly Dalit
women in politics forces the government to be accountability. This would indeed
provide a sense of guarantee to their overall development. Equality will
automatically usher into the society. They will feel that they are no less than the so
called stronger gender. Such participation of Dalit women, transforms
relationships both within government, its related sectors/institution. The best
efforts in Panchayati raj institutions have been put forward by the Janata
government in Karnataka, in the year 1987. It has stated 25% of reservations for
women in Zilla parishad and mandal parishad. This was perceived as an actual
necessity of women representatives’ support for the government.

Since independence, Governments have been ushering many legal reforms

and policies to guarantee the adequate representation of depressed and
marginalized classes in decentralized governance. India is a union of states but
federal in nature. We have a federal structure in governance. However, the dawn
of 1993 brought in more authority to local governance. Depressed classes and
especially Dalit women have been guaranteed reservations, through the provisions
given by the constitution, in education, employment and politics. Reservations are
called as mandated affirmative actions. These mandated actions set aside quotas
for women, Dalit women in Panchayat Raj institutions which in turn bring many
issues to the fore. In this way, Dalit women are enabled to assert their political
rights by participating in Panchayat Raj. The local governance works as an
effective tool for women empowerment and assurance of basic human rights for
excluded lower classes. The Dalit women have a duty to persevere their fight
against social exclusion by participating in the panchayat system aptly using the
benefits of reservations. Dalits have grossly excluded from the society by the
devilish act of untouchability. It is to be noted that, since the beginning of listing
the Dalits as the Scheduled castes, it included only Hindu Dalits, however, later
Sikh Dalits were also included. In order to escape social ostracization by the upper
classes Hindu Dalits have converted into Islam and Christianity. Though their
religious identity changed, their caste identity remained same. They are still
Dalits, yet do not find place in reservations. The upper castes, belonging to all
religions have always been referred to as the ‘dominant caste’ because of their
dominance in the social, economic and educational dominance. These dominant
classes ruthlessly crushed the lower castes. They have occupied the major
authoritative posts, higher posts, both in ruling states, under the government and
its institutions. Women failed to access panchayat institutions since long time
because, the men and the upper castes restrained them from doing so. However,
the provisions of Constitution strengthened the social struggles of women against
atrocities and supported them to participate in elections.
 However, though access has been given to the Dalit women to participate
in elections, there are certain questions that need to be probed in. Those questions
are:

 Have Dalit women able to access political posts fairly

 If so, then have they been elected to those posts?

 If elected, then could they exercise their political power freely?

 Could Dalit women adequately participate in decision making and

overall development?

 Have they been given a benami or proxy post, with the power
being held by the upper caste or by a male family member?

 How far have they been successful?

If we get answer to the above questions, many other issues that need to be
addressed crop up. In order to get an overall picture of the Dalit women’s political
participation a deep understanding of the situation is needed. For example the
below issues need to be researched on:

 What can be the factors that support participation of Dalit women in

Panchayat Raj?

 What impact has been experienced by their involvement?

 Are the State entities been able to protect and support the Dalit women in
their political uprising?

 Has the government been able to address the laybacks in this process?

It is intermittently necessary to answer all these questions. A study is

necessary to find out the structures that facilitate a woman’s access, mainly a Dalit
woman’s access and participation in Panchayat Raj. Though government has been
able to plan and implement various provisions and acts for fulfilling the women’s
posts, how far have they been successful in preventing and removing the obstacles
faced by Dalit women in Panchayat Raj.

It has to be closely observed that, our society has been a patriarchal society.
The influence of the male member of the family is very huge. Without the
permission of the family head, who generally is a man, a woman cannot take a
step or decision. Even in all sectors males have taken lead always. Females have
always been very much backward in all areas. However, due to the progressive
thoughts of many, now, women have also come out, taking up different
professions, taking part in elections and even winning them. However, it is
reported that, in our patriarchal society, women have been facing many problems
to stand in elections and win the too. First they need the permission, support of the
family and the head of the family, either father or husband or father in law. Once
they become brave enough to fight elections, the male dominant society does not
give them a fair chance to win the elections. Even women in the society criticize,
layback the ambitions of the prospective participant. Now, coming to the Dalit
women, who are thrice bitten, based on caste, economic power and gender, they
are already on a different box. They have to fight and break the shackles of the
upper caste. Later they need to fight with their own family, who behave as if they
are slaves or servants of the dominant classes. Fear of excluding them from
various platforms keeps haunting them. Even after crossing this obstacle, they still
remain women. And a woman has her own mountainous tasks to overcome. It all
implies that in our patriarchal system, women, mainly Dalit women, have to
struggle a lot to make a place for themselves. Further, Dalit women have
experienced suppression by upper caste women; they have a bigger fight on their
hands.

Education has always been on the back burner since long time. In the
ancient times, even women were given education in scriptures and other arts, they
participated in the decision making of the rulers. Not to forget that Goddess
Saraswathi has been made the God of Knowledge and Goddess Gayathri is treated
as the God of Vedas and scriptures. Then, what made the criptical minds
downgrade women and their education. The rise of Brahminism, male
chauvinism, orthodoxy have failed the female lives. Man slowly dominated the
society and the familial ties. Women were jailed in houses. Man authored many
texts, laws etc. demeaning woman, declaring her status as secondary to that of his.
Orthodox men started systematically breaking down the equality of genders in the
society. Women were restricted to domestic chores. She was and even now is
treated as an object, a property. Woman has been targeted with violence and
sexual abuse. Her strength was played down. In a clever manner, women were
denied better posts. Illiteracy has broken down the spine of women’s
development. As we are always aware, an educated women lightens up not just
the family but the whole society. This light has been filtered out. The
backwardness in the society is because of shredding of darkness that loomed over
the weaker gender. Had only women became literates, then the country and the
world would have been a better place to live. Society could have grown stronger.
But men doubted the capabilities of women, they doubted her strength. They also
feared that she would topple their place in the society. It was also feared that she
would question the unlawful societal activities. She would object the practice of
Sati and child marriages, which were not given in the Vedas. Man satisfied his ego
by suppressing woman. Because of illiteracy, woman was thought to be dumb.
She could not participate even in the freedom struggle with whole heart. She could
not be made a head of the state. But for the likes of Rani Jhansi, Queen Rudrama
Devi, and such brave women, females have always hidden themselves in the
background of curtains. However, it is incorrect to put the blame on men only. We
should not forget the works of Jyotiba Phule, Swami Dayananda Saraswathi, Raja
Ram Mohan Roy, Dr. Baba Saheb Ambedkar, and Mahatma Gandhi etc., who
were the leaders on the forefront, who lighted the fire for the struggle of women’s
emancipation. It is their thought and vision, which imbibed strength in women to
fight back, get educated, and lead the society.

Lack of literacy made it very difficult for women to understand the society,
the cause of problems, the way to solutions. Their participation in election and
their prospective win was doubted, as their foundation could not be trusted.
Society cannot trust a young budding leader and handover the reigns. The small
footsteps of Dalit women were treated similar to the budding neta, who is not
aware of the tricks of politics, who is naïve and gullible. Nobody had faith that
Dalit women have the capability to carry out duties and works of panchayat.
Politics is a muddy place, everybody has their own game. Everyone politicizes
and play games with them and plot games against them, as the dominant classes,
upper castes, mainly men, do not want to be ruled by a lower class woman. The
dominant classes never wanted to come under the control of woman, leave alone
Dalit women. It is not just politics or Panchayat Raj, but till very recent days,
even in the sophisticated Defense sector, women were not given officers posts, as
the reason laid out by the chief of defense etc. was that : Men do not want to take
order from women, they do not want themselves to be controlled by lady officers.
If such is the case with highly educated, sophisticated, liberated sector, then what
would be the situation of uneducated, illiterate villagers? Men in the society never
accept a woman’s dictatorship or leadership and special attention has to be taken
in this area and the mandated affirmative action of reservation comes to play a
lead role here. Appropriate use of the reservation and quota system provisioned by
the constitution is a boon to the oppressed classes, women, Dalits. Rules have
been laid out, provisions have been given in the constitution by its makers, laws
have been enacted by the elected law makers, now, it is the duty of the Dalit
women to realize, equip themselves with sufficient knowledge, reap the benefits
of the reservations, laws etc. it is time for them to take a lead, engage themselves
in political arena, participate in societal and nation building.

It is studied that various factors enabled Dalit women’s success in

Panchayats like:

 Education, literacy.

 Physical and Psychological maturity.

 Strong will to address their personal as well as community’s issues.

 First-hand information and experience on social issues.

 Support of family, society.

 Age of women.

 Mindset to develop community, village.

 Big fire for social justice.

 Skills to talk on various issues, on various platforms.

 Experience, knowledge and authority to gather information on

several issues.

 Personal income, stability in finances.

  Strength to attract national attention towards their locality’s
problems.

 Negotiate and resolve the problems with great ability.

All the above point apart from others have played an important role in
empowering women to occupy panchayat posts. Because of their weaker status in
the society, they are easily defeated, overpowered and controlled by the dominant
classes, may it be the upper castes or the rich sections of the society or men
themselves. Women are forced to participate in the elections, because the seat
might be reserved for a woman and a man cannot stand in elections. So on their
behalf, their mother or wife or daughter or sister would be ushered into standing
for the post, indirectly they held the power. Similarly Dalit women are forced to
participate in elections by the dominant forces. It is said that around 85% of Dalit
women are forced to stand in elections by the dominant classes. Dominant forces
directly or indirectly propel on the villagers’ thoughts to make unanimous
decisions, they trick an engineer the whole process according to their likes. The
ultimate idea of benefit through reservation falls flat here, as a kind of consensus
is reached by the majority, making the quota system redundant. The elected
person, either woman or Dalit woman, remain a proxy or a benami. This happens
for Dalit males also. Out of fear they become a benami to the stronger person. The
proxy politics is tactics of control used by the stronger person on a weaker person.
Using this tactics, they suppress women, Dalits, occupy their posts and power, and
the post is only namesake for the Dalit women. Through this benami political
position, the stronger classes fulfill their own vested interests. As we are aware,
Dalit women being weaker socially, economically, educationally and also gender
wise, they are challenged and overpowered easily by dominant classes. The
Panchayat raj elections mask the strong, patriarchal control over the Dalits women
and their rights are veiled. The dominant classes or the Dalit male members, often
execute their interest through the Dalit women and their husbands.

Generally, women have always been targets, and Dalit women a greater
target. But why blame the dominant classes? Why not the weaker section fight
back, realize their rights and duties. How long can the dominant forces be
dominant, how long can they exercise their power. The answer is only till they are
strongly questioned continuously. Only till they are made to realize that they are
no more dominant and weaker sections are as equal to them as they think.
Treating women equal with that of men is the birth right of women and not just a
basic human right, however achieving the same is a huge task that has many
socio-economic ramifications. As per the studies conducted by various United
Nations organizations, women empowerment adds to upgradation of economies,
fuelling productivity and growth. But this has never been made true. Women’s
rights have always been clouded by the stronger gender in every society. Women
do not have access to decent work, they face exclusion in some jobs, segregation
in some occupations like Defense, Security etc. and also face a lot of wage gaps.
They are seldom provided with requisite resources to overcome their
backwardness both educationally and economically. They have been put to
violence and atrocities, and India is not an exception. Their decision making
powers are clouded by the decision of men. They are also denied access to best
nutrition and health care. Women have never been adequately represented in
political circles2.

An observation regarding the women’s representation in panchayat politics

indicates that change need to come in the attitude of women and particularly Dalit
women. The Panchayat Raj system has been a proof of women’s empowerment. It
indicates the change in the social, educational and mentality of women. It raises
the poignant voice of growth and development of the women representatives, who
are elected in the rural areas. The increase in education, growth in economy,
increased activity in telecommunication, mass media, social media have only
added to the empowerment of women. They have now broken the strict patriarchal
system, the male led framework. Revolution in information management system
has expedited the positive change for Dalit women3.

Though local governance was guaranteed with the provision in

constitution by the 73rd amendment, however, Panchayat Raj System has been in
existence from even before. The Nagaur district of of Rajasthan was first state that

2
Aloysius Irudayam s.j. Aloysius Irudayam s.j. Jayshree P. Mangubhai Jayshree P. Mangubhai
Joel G. Lee Joel G. Lee, Dalit Women Speak Out Dalit Women Speak Out Violence against Dalit
Women in India Overview Report Overview Report ofStudy in Andhra Pradesh, Bihar, Study in
Andhra Pradesh, Bihar, Study in Andhra Pradesh, Bihar, Tamil Nadu/Pondicherry and Uttar
Pradesh Tamil Nadu/Pondicherry and Uttar Pradesh, National Campaign on Dalit Human Rights
National Campaign on Dalit Human Rights Human Rights New Delhi March 2006
3
SANJAY KUMAR PRADHAN AND GEETANJALI DUTTA, Empowerment of Women in
India through Panchayati Raj System,
adopted Panchayat Raj system on 2nd Oct 1959. The suit was followed by the
united Andhra Pradesh. Panchayat Raj institution are still broken down into
smaller units from district to villages. Gram panchayats are the basic units of local
governance. The Panchayat Raj System has three levels: Zila Parishad which is at
the district level, Mandal Parishad or Block Samiti or Panchayat Samiti which is
at the intermediary level called block level and Gram Panchayat which is at the
village level.

Panchayat Raj Institutions have been vested with powers and

responsibilities to the local people. In order for the administration to be penetrated
into the chore levels and reach the remotest parts of the nation, Local governance
is aimed for socio-economic development. Further the burden of collecting and
levying taxes, fees etc., are put on it. This leads the local governance to be
financially empowered.

5.1 Panchayat Raj Institutions Levels in different States in India

Now, let us discuss in brief about the various levels of Panchayat Raj Institutions.

 Gram panchayat:  The lowest level of the Panchayat Raj system is the Gram
panchayat which is at the village level. This lowest level administrative body
holds elections for every five years. The Gram Sabha members participate in
the election and elects the head of the same called the Sarpanch.
 Mandal panchayat: this is an intermediate body and acts as a connector
between the zilla parishad and the gram Panchayats. Even this is an elected
body, elections being conducted every five years. The local governance at the
Block levels operate at the taluqa level. They govern the villages that come
under the taluqa. Mandal panchayat is composed of elected members called
the Mandal parishad Territorial constituency members, the Block
Development officer, members of the State Legislative Council, Legislative
Assembly who have the jurisdiction over that particular mandal or taluqa,
Members of Parliament whose jurisdiction includes these mandals, and other
unrepresented groups. Mandal parishad is headed by a Chairman elected by its
members.
 Zila Panchayat or Zila Parishad: the apex council of local governance is at the
District Level. This too is an elected body, by the process of universal adult
 franchise for a period of Five years. It is headed by President and the chairmen
of the Mandal Parishads are the ex-officio members of the Zilla parishad.
Again the State Legislature members, both of the Legislature Assembly and
the council and the Members of the parliament are the members of this Apex
council.

In the year 1992, the Government has churned the amendment in the
Constitution through the 73rd Constitution Amendment Act, with a clear vision of
enabling Grass-root democracy. The decentralization of government was already
existing in the very administration of the country, however, giving Constitution
authority to the local governance is much needed. The vision is to make
governance more inclusive, participatory penetrative. The important mission was
to make the local bodies, which are independent, autonomous, democratic,
financially strong, having decision making powers, having power to formulate and
implement developmental plans in the rural areas, and to provide a decentralized
administration for the rural area people. Unless and until the people do not have
their voice heard, things cannot be improved. For inclusive development, the
locals have to be decisive, address their issues4.

The main intention was to propel the Socio-economic development,

enforce the Social justice that is much needed for the rural areas. The local
authorities have been given power to levy fees, taxes, collect tolls etc., which
would fund the development at the grassroots levels. Through this fund collection
or financial power, the local governments can enhance research, studies, education
for the weaker sections, overall development, and work for the emancipation of
women, Dalit and depressed classes empowerment. The Government also aims to
take up social and physical infrastructure projects at the village levels. More
finances are being put into this program by fund allocation in the Budget at the
Central and State levels. It is also pertinent to note that all these three levels have
mandated affirmative quota system for women, Dalits, Dalit women apart from
other depressed classes. Active participation of Scheduled caste women is
expected. Further, according to an article by B.K.Jha, in the year 2009, the central
government has approved 50% reservation for women in Panchayat Raj
Institutions. Also, following in the footsteps of the Central Government, in the
4
Menon, Sudha Venu - Grassroot Democracy and Empowerment of Peopl; Evaluation of
Panchayat Raj in India,2007
state governments too several states have implemented 50% reservation for
women in PRIs5.

Till now the Women’s reservation bill have not seen light, no government
dares to pass the bill. However, it is not true for the coal bodies. Women have
one-third of the local body seats reserved for them on a rotational basis. This is far
from the unreal claims of political leaders at higher levels of government and its
bodies. However, few states like Orissa, West Bengal, and Punjab have extended
this one-third quota for women to 50% in rural and urban local governance. Also,
quota is held for other depressed classes like the Scheduled Castes, Scheduled
Tribes and Other Backward Classes and this reservation is proportionate to the
population of those people in those areas.
As per statistics in the Local Government Directory:
 The no. of District panchayats in the Country are 659
 While that of Mandal Panchayats are 6829
 And total Village panchayats across nations are 255537
Table showing the no. of total elected panchayat members and women
representative percentage:

Sl. Panchayat/ Level No. of Elected Percentage of

No Representatives Elected Women
(both men and representatives
women)
1 Gram Panchayat 29,30,000 46.04%
2 Mandal Samithi 1,80,000 44.67%
3 Zilla Parishad 17,000 47.88%
Table 5.1: Percentage Showing Women Representation

Speaking about the national level political participation of women and

Dalit women, there has been a long trail of fight, struggle, reforms but not so good
improvement. However, the days have become better comparatively. Women’s
representation has grown from 5% at the time of independence to a mere 14% in
the present time.

At present from the total Elected Representatives from 2019 general

elections who are about 4896, which include the Members of Legislative

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All about India’s Panchayat Raj System, October 12, 2017
Assemblies and the Members of parliament, there are only 418 women that is
around a staggering 9% of the whole. As per the Election Commission of India
Reports, there are 78 Women MPs in Lok Sabha i.e., 14.3% of the total 543 MPs
and 25 women MPs in Rajya Sabha i.e. 10.7% of the total 233 MPs. After the last
delimitation, there are currently 84 seats in constituencies reserved for the
Scheduled castes. A pictorial depiction of the Scheduled castes in the newly
formed Lok Sabha is as shown below:

Fig. 5.1, Source: Lok Sabha

In the 2019 elections, running for 17th Lok Sabha, there has been a better
percentage of women representatives with 14.4% when compared to 66 women
MPs that comes to around 12.6% of its total 524 seats.

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https://mobile.twitter.com/satendra_1125/status
 Share/ percentage of Women Representatives in Lok Sabha
in India
16
14
12
10
8
6
4
2
0
1st Lok 5th Lok 8th Lok 10th Lok 13th Lok 15th Lok 16th Lok 17th Lok
Sabha Sabha Sabha Sabha Sabha Sabha Sabha Sabha 7

Graph 5.1: Percentage of Women Representation in Lok Sabha

When we compare the same numbers the world over, it is reported that the
world average was 24.3%, far above the Indian percentage in women’s elected
representatives. But Rwanda, which is nowhere comparable to India in many
ways, shockingly beats India and many other developed countries. Rwanda ranks
above all with 49 women elected representatives from its total 80 seat lower
house, which is more than 50 %, as reported by the Inter-parliamentary Union.
Apart from Rwanda two other countries Namibia and South Africa occupy the list
of top 10 countries with significant women elected representation in parliaments.
To the utter surprise, many developed nations fell short of the same. None of the
Asian countries including India could find a rank in the top 10. It is evident that
“More women in parliament means better, stronger and more representative
democracies that work for all the people”.

It is also told by the Inter-parliamentary Union’s President that, all nations

need a stronger will in political arena to adopt better designed electoral systems
and quotas to remove all obstacles, that have become barriers for women the
world over, to enter into their respective nations parliaments. A pictorial depiction
of Women’s representation in Asian countries’ parliaments is given below. The
picture explains that Philippines and Nepal are better ranked than other Asian
countries in women’s representation. India does not even account to the top 10

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https://www.thehindu.com/news/nationa/representation-of-women-in-17th-Lok Sabha/article
ranks in Asian countries. This shows the plight of a better developed country,
which has women empowerment imbibed in its scriptures.

Fig: 5.2, Source: Phnom Penh Post

Coming to the state legislatures, it is to be noted that Bihar has 34 women

MLAs out of 243 MLAs standing first in women’s political representation, while
West Bengal and Andhra Pradesh follow with 34 women MLAs each from out of
294 MLAs respectively. Bihar has the highest percentage of Women MLAs with
14%, seconded by Rajasthan too with 14%. While this stood so, States like
Nagaland, Mizoram, and Pondichery do not have any elected women
representatives in their legislative assemblies. The national average of women
elected representatives in Legislative assemblies is 9% while that of Legislative
councils is only 5%9.

In an analysis done by the Economic and Political Weekly, it was studied

that, India being a patriarchal society, has laid the rotten foundation of lower
representation of women in political arena. Apart from that, the report also
highlighted that, women did not receive the kind of support needed and strong will
necessity to stand in politics. Further, lack of reservation for women in parliament
and state assemblies, lack of awareness, knowledge and education pertaining to
the electoral politics and the sublime entrainment of men from allowing women to

8
https://www.phnompenhpost.com/international/women-representation-parliaments-asia
9
Bhanupriya Rao & Saumya Tewari, Bihar’s Surge of Female MLAs: Progress or Delusion? 5
September, 2015
participate and allot tickets in elections have also been the notable points that
failed women to make adequate representations in politics10.

As mentioned earlier, though the Indian average of women

representatives’ percentage is lacking way behind and there is only a slight
appraisal from 5% in 1956 to 14.3 percent for the year 2019, optimists see it as a
significant grown in the patriarchal, gender biased Indian society. This lag is also
because of the lack of reservations that is absent for the seats in parliament and
state assemblies for women. However, a major step towards women’s
empowerment and equality and social justice, year 1993 is seen as a sun rise. The
amendments made to the Indian constitution through 73rd and 74th Constitutional
Amendment Acts, in 1993 have paved way reservation for women candidates at
the grass root levels. Reservations for women, Dalit women were provisioned in
the amended article in Panchayati Raj and Municipalities for a tune of 33% in the
total capacity. However, few states like Andhra Pradesh have gone ahead and
increased this quota for women up to 50%, way ahead of the national average of
44%. It is said that around fourteen states and Union Territories have around 50%
of female elected representatives in Panchayats, the highest of 56% being made
available in Rajasthan and Uttarakhand. Though at the higher political circles,
there is lesser female participation, but in the lower circles, women have been
seen actively participating. It might be because the patriarchal society wants to
rule the roost from behind the women, or may be because of the mandatory quota
system, which men do not want to lose an opportunity of power, so they are
making their female counterparts to take part, as ultimately they have to listen to
what their male head or partner says. Also, unanimously, the dominant classes
also, instead os losing the election, they elect a Dalit women unanimously, with
set pre-conditions. Out of fear or respect or any other reason, though officially the
woman occupies the seat, the main power lies in the hands of the dominant class.
As per the reports, the Panchayati Raj institutions had around 46% of women
participating, all over the country. The highest being Jharkhand with 59%, much
above the national average followed by Rajasthan and Uttarakhand with 58% each
and lowest being in the Union Territory of Daman & Diu (29%)11.

10
Sadia Hussain, Performance of Women In Paliament, Vol. 57, Issue No. 31, 30 Jul, 2022
11
Tejaswi Pratima Dodda, Representation to Participation: Women in Panchayat Raj
Institutions & State Assemblies, April 7, 2018
 The United Nations University World Institute for Development
Economics Research has conducted a study in the year 2018 and found that
Women representatives have brought in significantly higher growth in their
localities economy. It was observed that in our country, there was an average of
1.8 % more growth each year in economic performance of a constituency that was
led by a women elected representative than the constituency that is held by a man.
The study also highlighted saying: “We estimate that women legislators in India
raise luminosity growth in their constituencies by about 15 percentage points per
annum more than male legislators12”.

A study was conducted by the Abdul Latif Jameel Poverty Action Lab in
certain states, with regards to analyse the impact of women’s reservation on policy
making in villages. The study revealed that: “Village councils in West Bengal
reserved for women, on average, invested in nine more drinking water facilities
and improved road conditions by 18%13,”

It is observed that, women concentrated on the basic life necessities and

development in villages. The women representatives gave importance to the core
problems faced by the villagers like drinking water supply, connectivity of roads,
welfare programs, which were the major complaints registered. Women invested
around 2.62% more on the drinking water facilities. The study of research
organization also revealed that women representatives paved a greater way for
improved child health and nutrition. Further the reservation system helped
women’s increased interest in entrepreneurship. A positive change is that the
police have increased their responsibility and answerability in crimes and violence
against women14.

The Financial Express published an article on economic survey conducted

in the year 2018. The report says that, there need to be more and more
representation of women in the nation building and decision making. It also says
that though women account for almost half of the population accounting to 49%,
their political entry, participation is very less. The survey also emphasized on
greater political participation of women. There is a significant need for women to

12
https://www.unwomen.org/en/what-we-do/economic-empowerment/facts-and-figures
13
Raghabendra Chattopadhyay and Esther Duflo (2004), Women as Policy Makers: Evidence from
a Randomized Policy Experiment in India, Econometrica 72(5), 1409-1443.
14
India Water Portal, 08 March, 2019, https://www.indiawaterportal.org/articles/women-and-water
take part in nation making, they have to enlarge their boundaries of decision
making process in the country, which will strengthen women and provide them
with equal opportunities at par with men, as assured by the constitution. A survey
also was conducted that revealed that domestic responsibilities, existing cultural
behaviour in the society with regards to women regarding , lack of adequate
support the women receive from their families are few important reasons that
restricted women’s political participation. It is already understood that an African
country like Rwanda is far developed in women’s empowerment, in which
country like India is lagging behind. It is also said that financial dependence and
backwardness, also restrained women in moving forward15.

Panchayati Raj Institutions have around 13.72 elected women

representatives. This is about 44.2% of the total elected representatives. Further
women constitute for around 43% of sarpanch posts in the gram Panchayats in the
country. This shows a substantial representation of women at lower levels of
governance rather than the higher ones like assemblies and Parliament. It is
because of adequate reservations that are in place for women in the local
governance that varies from state to state.

Every time statistics and analysis are made by various offices and
organizations. The political parties also roll out many schemes for women, even in
their election mandate, political parties try to woo women voters with whooping
schemes, whether these promises will be delivered or not, is an evergreen question
and hope. Have we wever wondered why this happens? It is said that women are
deciding factors in winning elections. This is because the percentage of women
voters is more compared to that of men. Their votes are called swing votes,
because their voting decision will swing the win of participants. Even in the recent
parliament elections, participants were expecting a swing in women’s votes.

India , as a democratic country , has opened up for Universal suffrage, that

is a greatest boon for women, as their rights have not been compromised on, by
not giving them a chance to take a decision , unlike some Muslim countries.
Though the thought that women voters take a decision might sound bookish, but

15
Economic Survey 2018: Women’s political participation in India low, need more, New Delhi,
January 29, 2018. https://www.financialexpress.com/budget/economic-survey-2018
legally, they Have a right to vote. This is a first step towards their political
participation. This ensures a progressive participation of women. Since
Independence, women’s vote share has increased dramatically, that points to a
great development. Even governments vie for women to participate in greater
numbers, villagers, and male members also encourage their women family
members to go out and vote, the reasons might be many, though selfish too or
motivated. But this participation cannot be treated as empowerment. In a
National Election Survey , it was found that, around 17% of the women, who
utilised their voting were influenced by their family members, by opinion of their
husbands etc. and 19% of women depended on their families to form an opinion
on a candidate and they make their choice of voting on that. Women’s voting
choices are mainly decided by their families as they do not have any source to
form an independent opinion, they are trapped into forming an opinion by their
male family members, who restrain them from forming an independent personal
opinion. For example, Muslim women generally vote to Congress party
candidates, while educated, rich, urban women tend towards BJP.

“The exclusion of women from political power has been more marked than
their exclusion from 'productive' work or even property rights. The contemporary
era is no different.”

Mr. Rahul Bhatnagar, who is the Secretary to the Ministry of Panchayati

Raj, Government of India explains that, most of the Panchayati Raj Institutions
have women elected representatives. Women leaders generally see themselves as
representatives of their own communities. With this thought, they work on their
responsibilities, duties in their gram Panchayats. This thought is one way positive
as the local issues are addressed in deeper manner. Further, it also helps women
representatives improve their understanding, skills and capabilities. Because of a
deeper sense of understanding, these women leaders have worked in a better way
when compared to their male counterparts and developed their villages at a faster
rate. Slowly women have been learning to raise their voice, make the authorities
listen to them. Now they are more vocal, they have been learning their rights and
powers and now they are able to deal with issues and obstacles, both political and
bureaucratic. It is learnt that these women leaders have great transparency in their
dealing. Further they seem to be more efficient in administering their duties16.

In the recent times, it is noted that women have been leaving more
lucrative careers and joining politics. Few of them to become leaders, few to
develop their localities. The educated females, now want to take administration
into their hands and see to it that, village development goals are at par tithe with
governments idea of sustainable development goals. Women have been proving to
implement their duties in an efficient manner. Many ground breaking examples
are seen, where women have made their presence noted, by imbibing actual
change in their tasks and overall administration.

In our patriarchal society, that too in rural areas where a Male karthas
words are never disobeyed, women are seen shredding the clouds. It is learnt that,
one Ms. Chhavi Rajawat17, who is a  sarpanch  of a village in the Tonk district of
Rajasthan, has given up her lucrative job in the city and became a leader in her
village. Ms. Chhavi, brought in a sea change by her leadership in the village by
setting up the basic necessities like water supply, solar power, constructing toilets,
building roads, setting up banks in the village. This was a never seen before
change in her village.

The Ganjam District of Orissa has produced India’s youngest Sarpanch,

Ms. Arati Devi18. She was earlier working as an investment officer in a bank, and
left her lucrative job to become the village head. Educated woman as she was, she
ran a literacy campaign in her village for women. Her struggle made her village
hundred percent literate.

In a state like Gujarat too, where women have hardly stepped out of their
houses, many changes are being observed. The state of Gujarat has also seen Ms.
Meena Behen to become the first female sarpanch of her village in Vyara district.
It is said that Ms. Meena heads an all-women Panchayat.   In order to improve the

16
Elected Women Representatives are key agents for transformational economic, environmental
and social change in India, Thursday, 18 July 2019
17
Sarpanch who knows no stereotypes, https://www.deccanherald.com/
18
Rakhi Ghosh , Dreams do come true, https://www.thecitizen.in/
financial capacity of the village women, she started self-help group, making
women members of it.

Mr. Rahul Bhatnagar says that, these elected women representatives are
inspiring many other women and girls to tread their path. These elected
sarpanches have been heading meetings, involving in decision making processes,
dealing with many social issues, bringing in all round development in the
village19.

However, in order to lead, inspire other women and girls, it takes a toll on
these women representatives. They have to cross many hurdles to reach that
starting level, yet inspiring post. These elected women representatives face lot of
challenges in performing their work. They need to focus on entire societal change,
be it thinking of upper castes, men or other dominant forces to other changes in
the village. Those villages that have been sitting on age old customs, cultures,
have to be shaken, brought out of their rigid systems and patriarchal thinking. All
this does not come easily. Lot of struggles goes in.

The customary caste Panchayats are yet influencing the working of

Panchayat institutions. The elected representatives have to work in tandem with
these traditional Panchayats or they are nullified to zero. Caste has always been
used to polarize people. Using caste, power has been usurped by the dominant
classes at the local governance. Many instances have been seen, where the
traditional caste Panchayats have either uprooted or usurped the power structures,
in collusion with the Panchayat staff, government officials, dominant classes.
They often violated the constitutional mandate and stood as proxy representatives.
The scheduled caste women have been suppressed by various means by the
dominant caste leaders. These people remotely control the elected women
representatives belonging to the scheduled castes in villages. In order to hang on
the power of the gram Panchayats, they compel the Dalit representatives through
many means. The elected Dalit women representatives are then forced to work at
the whims of those powerful classes. Many news have been reported where the

19
Elected Women Representatives are key agents for transformational economic, environmental
and social change in India, Thursday, 18 July 2019
women sarpanches have been publicly humiliated, threatened and even physical
assaulted.

Apart from the societal struggles, change need to be brought in women

themselves first. A change within brings change outside too. The elected women
representatives’ first hurdle is illiteracy. These women, as reside in rural areas, are
ceased of proper education. Because of their illiteracy, they do not have
understanding of the laws, legislations, enactments, rules and regulations, their
rights and powers, their duties etc. these people lack knowledge of Panchayati Raj
Act and rules. To make them learn the same is a tedious job initially, because of
their education backwardness.

Secondly, women are given permission or nod to participate in elections is

generally because their male counterparts do not have chance to stand so. Because
of reservation in place for women, men are restrained from participating in
elections. So, they chose their women family members to stand in elections on
their behalf. Once the woman wins, the strings are always in the hands of the male
members. Either husband, or father or father-in-law or brother of the woman
representative makes all decisions. These male members also head certain
meetings in the village. Even the village people instead of reporting their issues to
the elected women, instead prefer talking to the male representatives. So these
benamis or proxies take away the power and right of these women being
represented by their male relatives. It happened many times that even while
canvassing for elections, the posters, banners, election pamphlets etc. had faces of
the male members rather than the woman who is contesting the elections.
Ultimately the male member indirectly becomes the sarpanch or village head. It so
happens many times that, a woman, who participates in elective bodies, generally
belongs to rich class or from a family that is already in politics. A father or a
husband who was earlier a sarpanch, or a political leader, does not want to lose his
seat, so encourages his wife or daughter to stand in the elections. Further, as in our
country, elections involve money and more money, only women or their proxies
who are capable of spending money in elections only run for the office. So, the
economically or politically backward woman seldom wins even if she stands for
the elections.
 Supposedly, in the elections, if a particular seat is reserved for a Dalit
women, generally it so happens that, the dominant classes, unanimously select a
Dalit woman and make her occupy the seat, but this is all to throw dust in the eyes
of the authorities. In the disguise of selecting a Dalit woman, the dominant classes
run the office. She remains just a rubber stamp. A depressed class woman or a
Dalit woman who wishes to contest elections, often faces violence, threats. Their
husbands are thrashed in public, they are sexually assaulted. In one incident, it is
reported that a woman representative, who was the sarpanch of that village was
restrained from hoisting national flag, just because she was a Dalit. She had to
take legal course, and after the court gave orders, she was able to hoist flag the
next year. Such pressure, boycott tactics always threaten the powers of the women
representatives. The Dalit women are many times prevented to sit among the
dominant classes in the village office, though she is the head. She is ridiculed for
contesting, asserting her rights

Thirdly, these elected women do not have any or proper experience in

political administration. Because of their being at homes largely involved in
domestic chores, they could not get in hand experience in administration.

Fourthly, even if a woman crosses all hurdles, she faces obstacles at the
office. She faces gender prejudice from her colleagues, who are generally male.
The woman’s mobility is restricted, her voice is ignored. Till now male ego has
not allowed women to take decisions. She does not receive proper support from
the office staff. Further, in our country, because of the old customs, a woman
cannot roam or work freely. Even though she becomes a elader or head of the
village, she still has her constrains as a woman and more so for a Dalit woman. In
village Panchayats, where office of the gram Panchayat is a small single room,
where all the members have to sit together, women feel discomfort sitting before
all men, further special seating arrangements are absent. Toilets etc are not made
available for women to work without hindrance. Further, if the village head wants
to make a receipt or a plan etc, generally, male staff is present, with whom she
fails to interact without any hitch. As computer boys, typists etc are generally
male, female staff finds it difficult, because our rural areas have not yet come out
of that social stigma of gender equality20.

20
https://www.ilo.org/infostories/en-GB/Stories/Employment/barriers-women#global-gap
 The thinking of the society is that a woman has domestic duties to perform
first, as it is duty bestowed by birth. Later she needs to marry, beget children,
raise children, fetch water from wells, cook food, work in fields etc. if she can get
some time from all these works then she can take part in self-help groups, etc. but
time for her participation in administration is always ignored. It is thought that
administration is a man’s bestowed duty by birth. In case is a woman fails in her
office, it is easily said that she has to get back to her house and take care of house
making

All these problems have to be addressed. The Panchayati Raj Ministry has
been taking several steps to address these problems. Accordingly government
organisations and departments have swung into action to take string of measures
in this direction. Government and authorities have realised these constrains on the
part of women elected representatives. So, they are coming up with gender-
friendly infrastructures with special seating arrangements, attached toilets, women
friendly environment. Further instead of relying on male staff, female staff is
being hired for the posts of typists, peons, attenders, accountants, system
operators, etc who would assist the elected women representatives at all levels.
To further this, training is being given to girls and women in computers,
accountancy, planning etc. many NGOs also are into this work, training and
equipping women with skills and technology. The Panchayati Raj departments
have also come up with capacity building and awareness programmes for the
elected women representatives these programs are extended even to the
government functionaries who work at the various levels of the Panchayati raj
institutions like village level, mandal level, and zilla levels. These awareness
programmes make the women representatives and members and authorities aware
of the laws, legislations, rules and regulations, the Panchayati raj Act, the schemes
of the government etc. The government is training these women representatives
and others to understand how Gram Panchayat Development Plans are planned
and implemented. They are educated on how the government funds flow into the
hands of the local bodies. How these funds are allocated, how they can be utilised
and penetrated to the needy, how these funds need to be tapped and how there
should be a stop cork to eliminate funds mis-utilization or leakage. The women
representatives are made to be vigilant, duty bound and more proactive. Women
representatives are equipped with the governments developmental plans, model
guidelines, as well as manuals for the gram Panchayat development. Basing on
these guidelines, elected women representatives can easily list out their priorities,
make plans to implement and develop their villages in accordance with the model.

In a report commissioned by the Planning commission, it is found that in

Panchayati raj institution, mainly lower income group women take active
participation i.e, the socio-economic background of these women elected
representatives is majorly from lesser income families.

The presence of women elected representatives has changed the work

culture of the pancahyathi raj institutions. Women representatives have made
literacy levels increase in their villagers. Apart from they themselves getting
educated, they improved the education background of the villagers too. The
studies also shows that, the stand-in representatives of women elected
representatives, though they chair the meetings, make decisions, have slowly
changed the mind sets of women. Now women are no more dummies, they have
got a first-hand experience of administrations and decision making process by
observing their male counterparts.

The changed attitude of women, Dalit women elected representatives

brought a significant change in the working of gram Panchayats, Panchayat raj
institutions. These women have effectively used their official position and powers
in the Panchayat raj institutions to engage in developmental work of their villages
in turn bringing positive changes in their villages. Women, slowly but steadily are
getting integrated into the village offices and administrations. These elected
representatives started learning to stand on their own.

It was surveyed that, in one of the villages in Chattisgarh, when the

Panchayat elections were to beheld, a particular political party approached the
president of the women’s group of some of the villages to support in the elections.
That political party offered those women with monetary and logistical support.
Fortunately, these women groups learnt that they had to act as per the manifesto of
the political party and they personally would not be able to act as per their
discretion and they would not be free to take up any programs for their
development at their will so those women groups refused to support that particular
political party and instead they contested the elections. This particular incidence
shows how women have moved in the political ladder from mere voters to electors
and representatives and leaders. The Scheduled caste women have not only
increased their voting presence, but also their participation. It has been studied
that the active participation of the scheduled caste women, their involvement at all
levels of governance, particularly local governance is very essential and inherent
to the developmental goals and achievements of equality and social justice. They
are now politically aware. The Dalit women representatives believe that an
improved economic status, better education, proper training could strengthen their
roles in Panchayati raj institutions.

Apart from the social barriers, these women representatives also face
institutional barriers. The two-child norm that is implemented for a person to
stand in elections in local governance has become hindrance for women who
aspire to be leaders. It generally happens in villages that people do not maintain a
small family, they have more than two children. The reasons might be many for
their big family, however, the time they realize the same and are willing to contest
elections, they are rejected on this ground. Coming to Dalit women, they are more
prone to this issue. For the want of a male child, these women are subjected to
continuous pregnancies. Further, due to rotation of seats, from being allocated to
general category, to women to Dalits to scheduled tribes etc, this seat rotation has
become a barrier to women to contest elections.

Scheduled caste women leaders are also subject to no-confidence motions.

If these women do not fall in line with the dominant groups or to cut down their
proactiveness, the other Panchayat members either on themselves or at the
instance of dominant classes move no-confidence motion to remove the women
elected representative, mainly Dalit women leaders from their post. One such
incident occurred in Chhatisgarh few years back, where no-confidence motion has
been moved against the Dalit leaders 34 times. The main motive and modus
operandi is that, Dalit leaders are to be kept away from the Panchayat proceedings
and developmental works and to remove the elected Dalit leaders from their posts
and declare it as null and void. Panchayat leaders are bent upon to hang on to
power and discriminate against the scheduled caste leaders.
 Even the political parties who have a long agenda and decorated manifesto
could not help these Dalit leaders from discrimination. When confronted by the
higher caste or dominant classes, these political parties shy away from helping or
supporting eh scheduled caste leaders or women aspirants in fear of losing their
vote share. These big political parties are more interested in their winning and
walk the path of the dominant classes for their vested interests.

Another failure for these Dalit women elected representatives is that,

generally gram sabhas, which have to be regularly held as per the guidelines given
to the Panchayats are not held on regular basis. It can be either lack of interest or
shrewdness towards the Dalit and women leaders or any other reason. Hardly
around 10% of Panchayat members or gram sabha members attend the meetings,
if at all the meeting is held. Due to the non-availability of the required number of
members, the meetings are adjourned. Women members seldom participate in
meetings giving an added advantage to their betrayers. Decisions are so taken by
the strong hold members making the women leaders dummy or ignorant.

Also, if there are any strong women representatives, men and other upper
caste people use all their tactics to cow-down these leaders. Generally abuse in the
form of words is done that later changes to physical abuse. Violence is used
against the Dalit leaders in remote places where caste still rules more than any
other criteria. In order to prove their dominance, upper caste people stoop down to
any levels. For example, in Phooljhar village of Raipur, which was headed by a
Dalit sarpanch Bolaram, the villagers beat him to death and set his body on fire. It
was a mob attack. In another incident, a women sarpanch of Saddha Village in
Himmatnagar taluqa in Gujarat, was subjected to atrocities. Savita Ben was
known for her proactive work , where she was hell bent of developmental
activities like constructing roads, laying pipelines for water supply, building
community halls, tanks etc. she also supported and helped the differently abled
people to avail government schemes. The upper caste people and Panchayat
members who were jealous with her growing familiarity in the village accused her
of misusing her powers. They then started humiliating her and tired ways to oust
her from her post. They passed a no-confidence motion against her and removed
her from the post of sarpanch. However, to their utter surprise, Savita ben again
got reelected in the elections with great majority. But her problems continued, she
was again subjected to the institutional barriers like no-confidence motion and
removed from her post.

Another ghastly example is from Madhya Pradesh, where a Panchayat

member was killed by the upper castes. The mistake committed by the Dalit leader
was that he exposed the irregularities of the previous sarpanch, who was the wife
of the current deputy-sarpanch, who belonged to an upper caste. The Dalit leader
refused to listen or tow the lines of the deputy sarpanch (Upa Sarpanch). He was
being forced to remain a rubber stamp by being a sarpanch on officially on the
papers. In another incident, a Dalit sarpanch was found dead near his house. He
was killed by the anonymous people. However, the truth was that, the upper caste
upa sarpanch and her husband, who wanted to render the Dalit sarpanch
powerless, have forced him to remain just a dummy sarpanch, while they wanted
to usurp the powers and function the duties of sarpanch. The Dalit leader was not
even allowed to sit in his sarpanch chair or chair any meeting. As this high
handedness was fought tooth and nail by the Dalit leader, he was put to death.

Further, as per reports in The Hindu daily, in another incident that

occurred in Rajasthan’s Harmara village, which was headed by a Dalit women
sarpanch Ms. Nourati Bai. Nouarti bai was put under pressure by the upper caste
men to submit to their demands. When she refused to succumb to their pressure
tactics, her daughter in law- Ram Pyari was branded as a witch and the whole
village socially boycotted her and excommunicated her. As per the newspaper
reports, it is understood that, the upper caste men could not digest the good works
of the Dalit sarpanch. They forced Norti Bai to dance to their tunes and demands,
which when she objected, made the upper caste men intolerant. In return they
branded her daughter- in- law to be performing some black magic on other
villagers and called for her ostracization. So, not only the Dalit leader, but her
family was also not spared.

Smt. Sumita Bairwa, a Dalit sarpanch of a village in Alwar District was

assaulted by the upper caste men. The reason being, they were not happy to see a
Dalit woman rise to the post of sarpanch and rule them. The male ego put the lady
sarpanch to atrocities. Smt. Ranju Devi from Bihar has complained to the All-
India Dalit Mahila Adhikar Manch that, when she was elected to be the
Chairperson of District council of Aurangabad, her husband was beaten by the
upper caste men, who were intolerant of seeing a Dalit woman becoming the
leader and occupying such high post. She also said that she neither received any
support from the police officials nor higher authorities. It is also reported that,
though she was the Chairperson, she was not even informed of the day to day
activities of the council. Decisions are taken in her absence or without her notice.
She was dissuaded many times saying that, even though she raised important
issues in meetings, she would not be heard as she belong to lower caste21.

The lower caste women representatives have always complained that they
faced caste slur, abuse, harassment and violence in their run for elective posts.
Though governements have been taking many steps, but they all fall short before
the attitude and temperament of the dominant classes. It is reported by one Mrs.
Munni Bai of Mandi bamora village of Madhya Pradesh that, she regretted taking
decision to participate in sarpanch elections. He decision to become sarpanch and
develop the village has backfired and she was put to all kinds of abuse and
harassments at the hands of her detractors. She said that her journey of sarpanch
has been filled with ill treatment at the hands of upper castes, abuse and slur. She
did not have courage to fulfill her duties, she was distracted by the treatment
meted out to her by the other villagers, which made it impossible to do her duties
to her level best. Munni bai also said that, when she was elected and when she
went to occupy her Sarpanch chair, the deputy sarpanch along with a previous
leader smashed her sarpanch chair before her eyes to threaten her and show their
dissatisfaction.

Even very recently, during Bonalu festival in Telangana, a Dalit couple

were prevented from offering coconut to god. The Dalit sarpanch and her husband
went to temple and wanted to break coconut, but they were prevented from doing
so by other caste people, because of their low caste, and they were hurled with
abuses. Though the accused were arrested and case under Scheduled caste and
Scheduled Tribes (Prevention of Atrocities) Act has been booked, there is no head
way yet22.

21
https://www.thehindu.com/news/national/other-states/caste-atrocity-12-members-of-a-dalit-
family-convert-to-buddhism-in-rajasthan/article66044986.ece
22
https://www.thenewsminute.com/article/telangana-village-sarpanch-allegedly-attacks-dalit-man-
fir-registered-no-arrests-151584
 Yet another case came to light in Maharashtra, where the upper castes
plotted against the Dalit women sarpanch, toppled her seat and beat her and her
husband in front of the Gram sabha. The Dalit basti of bankaranga elected a Dalit
woman Smt. Aruna Dahire as their sarpanch. Her collegues were all upper caste
members. They did not allow Aruna to sign on any transactions. It was general
precedent that a resolution was passed after every elections authorising the village
head or sarpanch to sign on all transactions, however, after the election of Aruna
Dahire, no such resolution as passed giving her to sign on any transaction. Instead
a resolution was passed giving authority to the deputy sarpanch, who belong to
upper caste to sign on the transactions, thus stealing away the legitimate
constitutional power of Aruna Dahire and stopping her to perform her duties. She
was called names, other Panchayats used caste name to call her and abused her in
every single way thus creating hurdles in her duty. Later they moved no-
confidence motion against her and declared the seat as null and void. In re-
elections, the seat was a reserved seat, the members colluded and elected another
Dalit woman Maya Dahire as their sarpanch. The move was opposed by Aruna
dahira, for which she and her husband were beaten in front of the village
Panchayat. The police and other official remained mute spectators. Though
complaint was lodged against the culprits, the case was side tracked saying that it
is local fight. Further, it was also introspected that Maya Dahire was elected
because, she was not as powerful as Aruna Dahire, she did not go against the
demands of the upper castes. Further, she did not even sit in the chair designated
for the sarpanch, the only special chair that was put in place for the village head.
Instead she chose to sit in the plastic chair, behind all men, covering her face, just
sitting in the Panchayat as a mute spectator. All the decisions were taken by the
other Panchayats and no permission need to be sought of Maya Dahire.

An article in the Times of India by Ashish Chauhan, highlights the plight

of Dalit women being blocked by the upper caste men, from performing their
duties by moving no-confidence motion. It has become the tool in the hands of the
upper caste men or the dominant classes from preventing, creating blockades for
Dalit women sarpanches in performing their duties. As many villages as were
headed by Dalit women faced the no-confidence motion on one or the other
pretext. It is reported that in lakhwad and Chadsana villages of mehasana District,
Chaveli village in Patan District, in other villages of gandhinagar, Surendra nagr
districts, scheduled caste women sarpanches were removed from their posts. The
pattern was the same, when the seats were reserved for the Dalit women in
elections, once a Dalit women is elected as a sarpanch, other panchaytah
memebers belonging to non-Dalit community pass a No-confidence motion. Thus
removing the Dalits from their posts. However, some tough spirited Dalit women
sarpanches clompaniend tot eh district authorities and revoked the illegal no-
confidence motion moved against them and saved their seats. But their problems
were not stopped here. The member Panchayats would not let them pass the
annual budgets, or approve the transactions. Failing to make the budgets pass,
these women were forced to resign. The dreams of their developing their villages
were halted. The upper caste men to prove their mettle, dethrone these Dalit
women representatives. One Santokben Solanki of Chadsana Village had to face
no-copnfidence motion thrice, however, she approached the District Panchayat
and got the resolution rejected. On their proposal to dethrone Santokben Solanki
being rejected, the upper caste men beat her and she was hospitalized. After she
recovered and moved a budget proposal, the same was opposed by the seven
member upper caste Panchayats, and she had to resign.

This is not a lone case, same fate was met by Raiben Solanki of Chaveli
village, ramuben Chhajiya of salvana Village, and many others. It is also reported
that Smt. Kamla Makhwana of Lakhvad Village in Mehsana District of Gujarat
said that, since independence it was for the first time that no-confidence motion
was moved in her village, and she was the first Sarpanch to face it, she being a
Dalit women and opposed by the upper classes. She was put under severe pressure
for the first six months after her election stopping her to occupy her post. Later the
Panchayat members which constituted of patidar men majorly, made her life hell,
that she suffered for two years under their harassment and unable to take it
anymore, she resigned from her post. The same thing happened to Leelaben
Parmar of Gandhinagar Distrcit. She too suffered at the hands of the reluctant
upper castes.

However, the consistent efforts of the state government along with the
central government have been bringing in some ray of hope to the women Dalit
aspirants. A study reported that successful conduction of Panchayat elections in
reserved seats of Scheduled castes in Madhya Pradesh has created a hope and
dream for the depressed women. It also paved way for other states to tread on the
strenuous path of empowering the Dalit women. The facts, reports, studies and
surveys point that villagers, people and society are still adamant in changing their
mental thinking and attitude but perseverant fight would bring in imminent
changes. The thinking of the upper castes, who are intolerant to be overpowered
and ruled by the lower castes, that too women, is a hindrance for empowering
rural women.

It is to be noted that the mandatory affirmative quota system that set aside
certain percentage of seats for the Scheduled castes in proportion to their
population has brought in significant changes in the society. This has beamed a
potential to change the socio-political structure of the country. In a push for
developmental activities and social justice various provisions have been laid out in
the constitution through many amendments. The government in order to seek
more and more peoples participation in the grass-roots governance, there is seen a
new wave of decentralization in the governance. This is actually intended for
empowering the Dalits and other depressed classes. The Dalits though have not
been successful in totally exploiting the situation in their favour. There are many
reason for the same. The country has been ridden by social inequalities, economic
and educational inequalities, gender wise divisions. All these hurdles are to be
overcome one by one. The aim of decentralizing the governance is to provide
more chances to the women, Dalits and oppressed classes, who were behind the
doors to grab the opportunities. The start should be from village level, so women
and Dalits have been encouraged with more than 50% reservation in many states.
Though there has not been any assurance in national and state level politics for
women’s participation, but at least a move has been taken for women
empowerment in local governance. It was intended that decentralization at
grassroots would increase the possibility of underprivileged people in realizing
and respecting for their rights. It is observed that the caste based violence in
Panchayats has increased many fold. The dominant classes see Panchayat
elections as a threat to their survival, and an assertion of Dalit rights. Till recently
the dominant classes have held strong political posts, heading eh villages, mandals
etc. their power is in threat now, due to the rising of the Dalits and Dalit women.
So they take to the path of violence and subversions. It is said that in Madurai
District of Tamilnadu, when the Panchayat elections were introduced with a
reserved seat for lower castes, it was opposed by the upper castes and elections
could not be held, later when re-elections were held, they captured the election
booths. This way they prevented lower castes participating he Panchayat elections.
However, ultimately when in 1996, lower caste men were elected as President and
vice Presidents of their village, they were successfully prevented from occupying
their seats in the Panchayat office. However, when these elected lower caste
people occupied their posts after skirmishes, they were murdered to death. Such
brutal mindset of the upper castes cannot be changed by a mere constitutional
provision or Government order. It has to be slowly cut from the root23.

Till now, we have been reading only about the discriminations and the
hostilities against Dalit women representative. But all is not true. There are several
success stories that inspire many. One such story is that of Sharmila Devi, the
youngest Dalit sarpanch of Thirumanvayal village in Tamil Nadu24. The Sarpanch
post, called President Post in Tamilnadu was monopolised by the kallar
community till the post was reserved for Dalit women. Sharmila Devi contested
elections. She studied tenth class. Since childhood she saw potable water criseis in
her village. None of her previous village heads could solve this issue. Sharmila
spoke to nearby village head, who had been supplying water to other villages to
support her and lend drinking water to her village too. The village Thirumanvayal
had muddy soil and could not retain water, all it had was only salt water. This
issue was of priority to the newly elected Dalit sarpanch. She spoke to various
authorities, got involved the local leaders, MLA and convinced the adjacent
village head to share their water with her village. She then got built a large water
tank, with many pump pumps spreading cross 18 hamlets of her Panchayat. She
could succeed in what her predecessors failed to do25.

In a report published by IndiaSpend, it was found that around 60% of

women elected representatives have taken independent decisions, worked
independently without being overshadowed by their male family members. It is

23
https://www.livemint.com/Politics/h3ezCD61bYNu9maggsfkjM/Panchayatshope-for-dalit-
rights.html
24
Bhanupriya Rao, www.Indiaspend.com
25
ibid
also learnt that most of the women elected representatives, contrary to the general
belief, had in-depth knowledge of government funds and schemes, accounts, the
local governance structure, the functioning of the bureaucracy. The report also
confirmed that women leaders spent 48% more finances in constructing roads and
improving access to villages when compared to the male counterparts. These
women have not just worked on bring water to their villages, but also maintained
quality of water too. Another Dalit women leader Ms. Rajanikandham said that
her main manifesto for contesting Panchayat elections was to bring water to every
household in her village. She dug three large bore wells, numerous mini bore
wells and constructed overhead tanks to store water. Through her unwavering
struggle, she made her village sufficient. Not just digging borewells and
constructing overhead tanks, these Dalit women leaders have ensured pure and
quality drinking water in their villages by setting up Reverse Osmosis plants for
water purification26.

Since ages rural areas have suffered ill health. Dalit women and oppressed
classes have always been suffering from different ailments due to negligence of
health and absence of proper resources, nutritious food. One of the woman
sarpanches, who belonged to snake catchers community, Ms.Sidhamallamma
fought for these exigencies. Her main priority was health care system.  Her village
Panchayat was situated among granite mines, which made women anemic,
malnutrition. Also, because of the backwardness, child marriages were rampant
and women suffered frequent pregnancies. She, as a Panchayat head, fought all
these social issues and tried giving village women a better health care system. She
trained herself as a health worker. She met the district collector and other
administrative officers and saw to it that proper service be provided to her
Panchayat.

One interesting and attracting life story is that of a dalit woman sarpanch
of Rajasthan. Ms. Nauroti, a Dalit woman was working as a stone cutter in
Kishangarh district of Rajasthan. It so happened that the road construction
contractor was not paying full wages to the workers. Nauroti raised her voice,
gathered other labourers and protested for the harassment meted out to them. She
won the case with the help of NGO and saw to it that all wages were paid. She

26
Report of IndiaSpend 15 March,2019
took this struggle against injustice and helped and supported many people. This
made her later become a sarpanch of Puharu Village. Her generosity and struggle
new no bounds. she joined the adult literacy campaign, got educated, made other
villagers get education, taught others and also learnt computers. She also trained
fellow village women. Probably she is one of the successful sarpanches who
travelled to America and China. She intermittently fought against liquour mafia
and against the encroachment of graveyard in Harmara. She has been relentlessly
working on many developmental projects in constant touch with the authorities
and it seems, she has gone a long way in her journey. This story of Nauroti is
quite inspiring, because she struggled from the scratch and now has become a
beacon to many Dalit women27.

Another Dalit sarpanch Ms. Lakshmi, got a chance to address a public

meeting before the then Union Minister Sri Anbumani Ramadoss. She shared her
experiences, her struggle on the stage and made the minister hear to her ordeal.
The women sarpanches concentrated more on building roads and getting drinking
water supply to their villages. Women leaders also spent more on building toilets.
The women Panchayat leaders are spending more budget on basic amenities like
building schools, public health centers. They have been fighting against child
marriages. One such example in Tamil Nadu was seen where a woman sarpanch
stopped four child marriages, which were planned behind her back. Mrs. Shanti, a
Dalit village President, was in action whenever she heard of a child marriage in
her village28.

Women Panchayat leaders along with the other village women have fought
against the liquor belts in their villages that have been damaging their family lives.
Men who are habitual drunkards have become violent and committing crimes
against women in the villages due to these liquor belts which churn illegal and
cheap liquor. These women have forced government to impose complete ban on
these liquor shops29.

Dalit Women leaders have also steered into the illegal encroachments of
the land grabbers and politicians. These women are also seen fighting the
27
The Hidnu-The extraordinary life of a Dalit woman sarpanch, Visakhapatnam, February 04, 2016
28
The Hindu, Case against Anbumani Ramadoss for inciting caste enmity, Dharmapur/Chennai,
March 30, 2014
29
https://www.pria.org/knowledge_resource/Women_Leaders_in_Panchayats
industrial pollution among many other fights. One such incident came to light
when Rani Muniyakanu, a village head of Veduvanchery Panchayat fought
against the sand mafia. Being close to coastline, her village was rich in many
valuable minerals. Mining mafias and sand mafias have rendered the village with
water scarcity, the ground water decreasing every year. None of her predecessors
fought against these mafias. She gathered information about the companies that
are mining sand and found that two companies Sriram Industries and Ezhil
Industries have violated the permissions given to them and exploited their village
illegally. She held massive protests with the help of other villagers and fought a
legal battle against these companies. The sad part of her story is that she had to
spend her own savings to fight for the village. However, she won the legal battles
and the companies had to shut down.

The confidence in women leaders has been increasing and around 30% of
elected women representatives were interested in re-contesting the elections.
Women elected representatives have not stopped here, they have been influencing
policy decision in the state and national levels. For the first time in the country,
the elected women Panchayat leaders of Tamil Nadu have formed a federation by
name Tamil Nadu Women Panchayat Presidents Federation, to take part and lobby
for policy level changes. These women presidents have taken head-on on the
powerful illegal mafias that included sand mafia, mining mafia, land mafia etc.

The decentralized governance is however, a hope and silver lining for the
depressed classes. The Panchayat Raj institutions have brought some changes in
the thinking of the villagers, dominant classes. What was earlier a matter of four
walls, is now a matter of entire village and its people. The participation of people
in Gram sabhas and Panchayats has given them a voice, a thinking of concern and
broad participation. Now villagers tend to work in a more democratic direction in
tackling with the socio-political issues of their villages. It is already surveyed that
a woman’s participation at grass roots level has led to increase in economic
activity in the villages and localities of their presence. Similarly the active
participation of Dalit women leaders has vastly improved the participation of their
community women and girls in the village building. Now, an inclusive
participation of all communities is seen. Now, the Dalits are also giving it back to
the upper castes. They have now taken fight into their own hands instead of just
being mute spectators or relying just on the police and administrators. They have
learnt hard lessons. Strong social movements have asserted their position in the
society. Dalit women leaders have started realizing their rights, and asserting their
constitutional rights. However, it is interesting to note that even the upper castes
have reluctantly started accepting the change in the society. They are now forced
to accept Dalit women leaders. To help the Dalits in their fight for their rights,
social media, telecommunications, technologies have also come to help, a long
way. The upper castes are now fearing that a small incident by them will be
reported whole nation that would ultimately put them in legal tangles. The
grassroots governance has empowered women in many ways. Now they got a
stage to voice their concerns. The Panchayat Raj institutions have also given Dalit
women access to administrators, bureaucrats, political leaders, so that, they can
lobby for the welfare of their villages and localities. They can now bargain for
more funds and better schemes. The though process has changes and they are now
role models for other women. Not only inspiring others, but it has helped the
village women folk to come out openly and discuss their issues, unlike earlier,
when men occupied prestigious posts, women faced hindrance to discuss their
problems, but now as they have a woman village head, this hindrance is removed.
Further, fear of how men would react to their demands is also not clinging on the
women folk30.

Special focus on Scheduled Tribes women:

5.2 Status of Tribal Women in India:

Unlike the women in general, it is often said that Tribal women are in
better space. The tribes have their own set of rules, and women’s status is
primarily based on the societal system, i.e. either Matrilineal or a Patriarchal
society. Tribes like the Khasi, Lalung, Jaintia, & Garo tribes belonging to
Meghalaya follow the matrilinear system. The Mappilas of Kerala too are a
matrilineal community. Property is inherited through the female line, i.e. daughter
inherits from mother. The Khasi tribe explains the tribal Matriarchal family
system. In this tribe the man’s income is given to his mother before his marriage,
while after marriage, he needs to move to his wife’s house and his wife gets right

30
https://idronline.org/power-to-the-people-the-journey-of-panchayati-raj-institutions/
over his income thereafter. The women have total control over religious and
ceremonial life. Even in the Garo tribes, women inherit the property and sons do
not have a say. However, this is not true in all cases. The Jhuang, Ho, Kondh
tribes differ in many ways, they practice patriarchal system, enven then, women
enjoy higher status and respect form all the members of the family.

India has the second largest tribal population in the world, after Africa,
with around 537 different tribes spread over the country. The tribal population
consists of around 8% of the Indian population. There are many tribes in the
Indian Sub-continent, who are called as Vanavasis or Adivasis in India,
Khas/Tharu in Nepal , like Vedda in Srilanka and Chakmas of Bangladesh. These
are indigenous prople, ethnic minorities. Up to 1919, the tribes were included
under the head of depressed classes, the Indian Franchise Committee in 1919
accorded a separate nomenclature for the tribes. The census reports in 1931 put
them under the name primitive tribes; in 1941 as tribes. After independence, and
these tribes were put under scheduled list in the constitution and hence called
scheduled tribes. Adivasis consist of 8.6% of India's population. The Bhil
community is the largest tribe consisting of 37.& percent of the tribal population,
followed by the Gonds of Madhya Pradesh, Telangana standing at 35.6%. As on
date there India has around 645 distinct tribes. According to the “Article
366(25) of the Constitution, Scheduled Tribes are those communities who are
scheduled in accordance with Article 342 of the Constitution.”31

The world societies are infamous for their gender discrimination. With
highest number of educational qualifications listed beside their names, with most
advanced technologies and most developed lifestyles, women are still betrayed.
Without any say in their choice of a life partner, restrained from many public
activities, deprived of social, economic, financial, educational independence,
women at large have been the greatest sufferers among the living beings.
However, a greener patch can be seen in the innermost corners of forests, hills and
mountains of India. The patchy mud roads leading to the hamlets, thandas, and no
existing connection to some lush green habitats show a different perspective of
women. The undeveloped lifestyles, uneducated and illiterate people, secluded in
small groups, who most of the times are nomadic in nature, offer better lives to

31
J.N.Pandey, Constitutional Law of India, 53rd Edition,2016, Central Law Agency.
women in their communities. Our study reveals that, most of the tribes offer and
practice economical self-dependence equally to both men and women. Women
work shoulder to shoulder with their men and enjoy financial equality at par with
men. Their lifestyles are much modern than the thoughts of city dwellers. Women
are allowed to consume liquor. Women participate in the community festivals and
dance with men to express their joy. Women are free to choose their life partner,
further they even have right to divorce at par with men. A tribal society is more
tolerant to women, they give equal right to women in making decisions about their
life. There do exist few exceptions and their might be few disagreements. For
example such freedom is restrained to women in Banda tribe. It is a surprising
issue to know that, while in greater parts of the country and the world, a woman of
younger age is married to a man of higher age, where we also came across child
marriages, where a minor child hardly about 10-12 years age is married off to a 60
year old man, there lies an unusual practice in the Banda tribe. This tribe marries
off a higher age female to a lower age male, which signifies that a more mature
woman is required to take care of the male member. It is ordained that, an older
women can exercise better control on the male, this practice lays foundation to the
prospect of women gaining precedence over the male, with regards to the decision
making, household matters, property issues etc (Panda, 2004, p104-108). Further,
it is also the fact that, the male member has the capacity to earn even if the female
grows old.

In another interesting research, more encouraging facts came to fore. A

standard example of women empowerment is laid down by the Holva tribe. This
tribe practices widow remarriage. In the process of Leviration, a widow is
remarried to the younger brother of her deceased husband (Mohanty et al., 1990).
Further, the Saora tribe practice levirate form of marriage along with Sororate
form of marriage. Here if a man’s wife dies, he is allowed to marry his late wife’s
younger sister (Mohanty et al., 1990, p.94). Also, the dowry system has not left
even the tribal people untouched, but in a reverse way. The Saora tribe practices
bride price, where the groom gifts the bride with valuables32.

According to a research by Anil Kumar Mohapatra- one of the tribe,

namely Koraput tribe “presents a picture of a stable, tolerant, gender-cooperative,

32
www.indianexpress.com/article/lifestyle/sponsored-lifestyle
gender-non-discriminatory, and humane society”. The tribal communities exhibit
equality between men and women. The tribals, who are secluded in small patches,
are untouched by the modern ways of living enjoy a primitive life style and
attitude. Though their attire, culture, way of living are primitive in nature, but they
are way ahead of the city dwellers in their way of living and respecting women.33

It is learnt that, tribal people experience least discrimination on the basis of

sex and they welcome the birth of both a boy and girl in the same way. The tribal
people are seldom seen preferring a male child over a female, the same is reflected
by the sex ratio. It is pertinent to note that, women in tribal communities, enjoy
greater respect, status and position as they are entitled to be more intelligent and
capable in decision making. Women are also attributed with right to interfere and
protest if they find their male members committing anything wrong.

Adivasis became the torchbearers for the Hindus, no doubt that Maharshi
Valmiki composed Ramayana, the major Hindu religious Epic. Another example
is of Ekalavya, a tribesman, who had an important role in Mahabaratha. The
Shavaras, tribes from Orissa, offer their services to Lord Jagannatha and certain
services are reserved only for them. Since ancient times, tribal women, were
seldom treated inferior. The best such example is Shabari from the Hindu Epic
Ramayana. Shabari was a tribal woman from Nishadha tribe, who offered her
obeisance to Sri Rama woman, who in turn accepted her services34.

In the pre independence era, tribal women participated with male

comrades in armed rebellion and fought the Britishers. These women were part of
Santhal Adivasi rebellion, Pahariya Mutiny, Tamar Mutiny, Tanti Mutiny and
many such other revolutianry acts enacted by the adivasis. It is said that Mungri
Oraon, is the first female martyr of Assam, of 1855. She used spy on the British
officials by taking up work as a domestic helper in the house of a British official,
who then passed on the information to the Indian National Congress (INC).
Numerous women who participated in these armed rebellions were killed. These
women used to smuggle weapons and transport the same fromone pleace to other.
However, after achieving independence, women who came up as trade union
leaders, were suppressed. Women were reduced into mute spectators gracing the
33
Theory of Feminism and Tribal Women: An Empirical Study of Koraput, Anil Kumar
Mohapatra
34
https://hindupost.in/history/adikavi-maharishi-valmiki-the-creator-of-ramayana/
political rallies. These women’s decision making right were cut, reducing their
rights and voice.35

It is understood that, the tribal women did not suffer as much as the
scheduled caste women at the hands of men and society. It is true that, they were
excluded from the main stream, they remained in distinct environment, because of
which their lives were not as much polluted, that kept them aloof from the
atrocious discrimination and suppression of women. Their family, financial,
economic and social status was comparatively better. It is pertinent to note that,
being secluded in hills and forests, these women are deprived of health care
facilities, education, modern technology etc. but, the essence is that, when these
tribal women are coming out into the main stream, they are being subjected to
atrocities, discrimination, those that are similar to other women and especially
scheduled caste women. However, when we discuss about the political status,
even they failed the litmus test. They have virtually no role to play in the political
spheres. The tribal women could not participate in Panchayats, village councils.
However, the change in the government policies has empowered tribal women
politically too. Women have now got legal right to occupy political offices
through the Panchayati Raj Act. The constitutional provisions have made it
mandatory provisions for women to participate, get elected in the panchayats, and
not to restrain them to decision making for families but extend their services to the
village and society too. However, it is often seen that, as the case explained in
detail, supra, even tribal women are dictated by husbands or male relatives who
wield proxy power. But research has shown that, Holva tribes have set up many
Women Organizations, and are working towards emancipation of women and
offering a greater role and bigger responsibilities to them. Women are now
becoming members of institutions like Mahila Samithis, Youth Centres etc. Tribal
women are coming forward to take up issues concerning these institutions. The
Self Help Groups have brought immense change in their lives.

5.3 Constitutional Safeguards Provided for the Scheduled tribes women

35
Sumantra Mukherjee- The Revolutionary Role of Adivasi Women in the Tribal Freedom
Movements.
The below mentioned provisions are in addition or an extension to the similar
provisions provided for Scheduled caste women, mentioned in the previous
chapters.

I. Educational & Cultural Safeguards36

“Art. 15(4):- Special provisions for advancement of other backward classes (it
includes STs)37

Art. 29:- “According to this article a cultural or linguistic minority has right to
conserve its language or culture. The state shall not impose upon it any
culture other than the community's own culture.”38

Art. 46:- “The State shall promote, with special care, the educational and
economic interests of the weaker sections of the people, and in
particular, of the Scheduled Castes, and the Scheduled Tribes, and
shall protect them from social injustice and all forms of
exploitation.”39

Art. 350 of the Constitution: - It deals with Right to conserve distinct Language,
Script or Culture40

Art. 350:- It deal with instruction in Mother Tongue41.”

II. Economic Safeguards

Art.244:- “Clause(1) Provisions of Fifth Schedule shall apply to the administration

& control of the Scheduled Areas and Scheduled Tribes in any State other than the
states of Assam, Meghalaya, Mizoram and Tripura which are covered under Sixth
Schedule, under Clause (2) of this Article.”42

36
Article 15(4) which empowers the State to make special provisions for the advancement of any
socially and educationally backward classes of citizens and for SCs. This Prosision has enabled the
State to reserve seats for SCs in educational institutions in general and professional courses etc.
37
Article 15(4) stipulates that nothing in Article 15 or Article 29(2) prevents the state from
creating special provisions for socially and educationally backward classes of citizens, or the
STs/SCs. There were two major instances that motivated the inclusion of such a clause in Article
15
38
J.N.Pandey, Constitutional Law of India, 53rd Edition,2016, Central Law Agency
39
ibid
40
ibid
41
ibid
42
ibid
Art. 275:- It provides “Grants in-Aid to specified States covered under Fifth and
Sixth Schedules of the Constitution”43.

III. Political Safeguards

Art.164(1):- Provides for Tribal Affairs Ministers in MP, Chattisgarh, Orissa and
Jharkhand, Bihar44;

Art. 330:- It Provides Reservation of seats for Scheduled Tribes in Lok Sabha45;

Art. 337- It deals with Reservation of seats for Scheduled Tribes in State
Legislatures46;

Art. 334:- It provides 10 years period for reservation47.

Art. 243:- It deals with Reservation of seats in Panchayats48.

Art. 371:- It deal with “Special provisions in respect of North Eastern States and
Sikkim”

Other Safe Guards:

Art.19 (5) provides for Safeguard of Tribal Interests

“While the rights of free movement and residence throughout the territory of India
and of acquisition and disposition of property are guaranteed to every citizen,
special restrictions may be imposed by the state for the protection of the interests
of any Scheduled Tribe.”49

5.4 Empowerment of Tribal Women:

The various central and state governments have been putting their efforts
for empowering scheduled tribes women through Special Programmes and
Enactments. A few of them are as given below. The State and Central
Governments have enacted progressive legislation, schemes for the development,
emancipation, empowerment of Scheduled Tribes and particularly ST women and
other traditional Forest Dwellers:

43
ibid
44
ibid
45
ibid
46
ibid
47
ibid
48
ibid
49
ibid
 1. Recognition of Forest Rights Act, 2016 (FRA).

2. Panchayats (Extension to the SCHEDULED AREAS) Act, 1996. (PESA)

3. Minor Forest Produce Act 2005

4. Tribal Sub-Plan strategy are focused on the socio-economic empowerment

of Scheduled Tribes.

5. Right to Fair Compensation and Transparency in Land Acquisition,

Rehabilitation and Transparency in Land Acquisition, Rehabilitation and
Resettlement Bill, 2012

The above mentioned Acts are an extension of the other acts

mentioned in supra. Government has been deisgning Special schemes to
enable the Schedueld tribes women to gain access to Scholarships- with
regards to Education, Financial support to set up business or technology,
Skill building and talent acquisition through various programes for setting
up enterprise, Reservations in education, Jobs, etc. Apart from these,
Special Courts have been set up to address Atrocities and Violence against
the tribal men and women, and for speedy adjudication.

National Commission for Scheduled Tribes-

The Constitution of India provisions for national commission for Scheduled

Tribes under Art (338)50

- This Commission has the power to regulate its own procedure.

(a) “to investigate and monitor all matters relating to the safeguards provided for
the Scheduled Tribes under this Constitution or under any other law for the time
being in force or under any order of the Government and to evaluate the working
of such safeguards;”

(b) “to inquire into specific complaints with respect to the deprivation of rights
and safeguards of the Scheduled Tribes;”

50
The Constitution (Eighty-Ninth Amendment) Act, 2003, 28th September, 2003.
https://legislative.gov.in/constitution-eighty-ninth-amendment-act-2003.
(c) “to participate and advise on the planning process of socio-economic
development of the Scheduled Tribes and to evaluate the progress of their
development under the Union and any State”;

(d) “to present to the President, annually and at such other times as the
Commission may deem fit, reports upon the working of those safeguards;”

(e) “to make in such reports recommendations as to the measures that should be
taken by the Union or any State for the effective implementation of those
safeguards and other measures for the protection, welfare and socio-economic
development of the Scheduled Tribes; and”

(f) “to discharge such other functions in relation to the protection, welfare and
development and advancement of the Scheduled Tribes as the President may,
subject to the provisions of any law made by Parliament, by rule specify.51”

5.5 Schemes being implemented by Ministry of Tribal Affairs for STs

Sl. Name of the Scheme / Programme

No.

1 Special Central Assistance (SCA) to Tribal Sub Scheme (TSS)

(hitherto known as SCA to Tribal Sub Plan (TSP)).

2 Grants under Article 275 (1) of the Constitution of India.

3 National Fellowship and Scholarship for Higher Education of ST

students.

4 National Overseas Scholarship for ST Students.

5 Pre-Matric Scholarship for ST students.

6 Post Matric Scholarship for ST students.

7 Girls & Boys Hostels for STs.

8 Ashram Schools in Tribal Sub-Plan Area.

9 Vocational Training in Tribal Areas.

10 Equity Support to National /State Scheduled Tribe Finance and

Development Corporations.

51
The Constitution (Eighty-Ninth Amendment) Act, 2003, https://legislative.gov.in
 11 Institutional support for Development and Marketing of Tribal
Products / Produce.

12 Support to Tribal Research Institutes.

13 Development of Particularly Vulnerable Tribal Groups (PVTGs).

14 Grants-in-Aid to Voluntary Organisations working for the welfare of

STs.

15 Mechanism for Marketing of Minor Forest Produce (MFP) through

Minimum Support Price (MSP) and Development of Value Chain for
MFP.

16 Tribal Festival, Research, Information and Mass Education.

17 Development Programmes in the Tribal Areas(EAP)

18 Van Bandhu Kalyan Yojana

The below images explain the status of ST in government services:

Graph 7. 1

Source: Ministry of Personnel

 Table 5.1

Source: Annual Report, 2017-18. Ministry of Personnel, Public Greivance and

pensions, GOI

Graph.5. 2

Source: Ministry of Social Justice and Empowerment

5.6 ST Women and Panchayat Raj institutions:

Reservation under the 73rd Amendment Act (1992) has been fundamental
in facilitating equal representation and participation of women in the Panchayati
Raj System. The seventy- third constitutional amendment provides reservation of
seats for women. Many states including Telangana have reserved 505 seats for
women which has seen an increased representation of women in the Panchayati
Raj elections. The impetus given by the 73rd amendment, made it mandatory for
Rural local governance to push for greater participation by women, ST & SCs.

5.6.1 Issues faced by Scheduled Tribe women in political arena:

PROXY SYSTEM: In Panchayti level is a serious problem among the

elected women. In Panchayat level election women are elected but practically
offices are being functioned by their husband or related male members. Female
feticide and infanticide is a common event in this district. So they are going to
insult by false character association when they talk with the view that they have
illicit relations with the men. The women are asked to put off and put on shoes of
her husband in regular routine against her will.

Vote Bank System: The top level politicians are finding their potential rivals
hidden under the Panchayat Raj representatives. She acts as a Vote Bank during
the general election for top level leader.

Male- domination: The Male dominated is another major problem. Due to male
supremacy, women leaders are not free from their male and are bound by the
decisions of men.

Educational Qualification: Illiteracy is also a major problem for tribal women

leaders. Due to their less Qualification they pretend to be inferior to others, they
have very less or no knowledge about the modern politics, society, technology etc.
lack of education restrains them to take major strides in politics, as they do not
understand the law, the process of elections, their rights and duties.

Muscular and Money power: Now-a-days democracy runs on muscular and

money power of leaders. So the tribal area women are not participate in politics
due to their life risk. Apart from this there are other so many problems which are
going to suppress the tribal women to take part in politics. The Panchayat Raj,
launched in 1959 ensures people’s participation in the development process,
associate rural people in grass-root democracy and devolves powers to the people
till the village level. This has also made impact for other marginalised sections
that have not enjoyed the fruits of development for more than 60 years of planning

5.6.2 Problems faced by tribal women sarpanches:

The below table52 gives a clear picture of the problems faced by the elected tribal
women sarpanches:

Table 5.2

It has been reported that, in Maharashtra the State Election Commission

had to cancel local polls, in at least two villages, when they got to know that the
post of Sarpanch and panchayat members were being auctioned. It was found that
in the Umrane village of Nashik district, the post of Sarpanch post was auctioned
for about Rs 2.05 crores. This clearly shows that, money power adds to the muscle
of politicians, upper caste and higher strata people. It is the job of the prospective
women belonging to scheduled caste and tribes to fight against all odds and save

52
Bhabhor, S.M., Kunchala, K.D. and Patel, J.K. (2013). Problems faced by tribal women
sarpanches in performing their duties and exercising their power under panchayati raj system, Adv.
Res. J. Soc. Sci., 4 (1) : 109 - 111.
their position in the society. It is quite obvious that many reasons like Patriarchal
society, illiteracy, financial unstableness, economic weakness, customs and
traditional family values etc. are responsible for their less participation of women
representatives in Panchayati Raj Institutions.

Nidhi Choudhari, CEO of Palghar Zilla Parishad has explained that,

women sarpanches lack legal literacy. Even if few of them are educated, they have
nil knowledge of law. She opines that, until and unless these women sarpanches
are educated and made aware of their rights as administrative heads of their
respective village, they cannot proceed and develop. Elected Women
representatives are given lot of rights under the Panchayati Raj system, which
unless conveyed to them, has given them lot of rights which must be
acknowledged by them and it needs lot of training they need to undergo. The
government conducts training sessions through its various institutes to educate and
imbibe knowledge in these women. Nidhi further stresses that lot of interactive
sessions are required to educate women leaders.

The Reservation system in elections enabled women to participate in

electoral process, however a woman cannot assert her influence on decision
making. Due to her socio-economic-educational status, she undergoes hardship,
harassment, pressure from various angles. Tribal women in Orissa formed Odisha
Nari Samaj, which is a State level federation of 55 block level tribal. The
Organization made a mark in the previous Panchayati elections by getting over
1200 nominees selected to Panchayat elections. The organization has also trained
these elected representatives thus making them capable of making their Panchayat
into model Panchayat. This organization has trained over 1100 tribal women on
Panchayat Raj system and also trained many men and women by conducting
workshops53. The ONS has been successful in getting tribal women active at grass
root level, ensuring their participation, clearing their blocks and obstacles, training
them and remodelling the entire Panchayat system.

The tribal women and girls who migrate to cities or outside their scheduled
areas, they face innumerable problems. There are many hindrances like language
barriers, culture barriers, knowledge and lifestyle differences which contribute to

53
IJCRT | Volume 6, Issue 2 April 2018 | ISSN: 2320-2882 IJCRT1812096 International Journal
of Creative Research Thoughts (IJCRT)
their sufferings. The migrant tribal women lack employment opportunities,
awareness, developmental process. Further, having been secluded for years
together, these women suffer from their own cultural taboos and superstitions. To
capacitate and empower these women to become self-reliant, to break away from
the taboos and cultural conflicts, the society and the governments should
strengthen them comprehensively. Earlier through the Five year plan, currently
through NITI aayog, the central government is putting efforts and allocating funds
in the budget for the welfare and development of these people.

In the year 2019, Tribal women belonging to Kutachawali village of

Model Gram Panchayat- Parasi, Jharkhand, have decided to restrain from voting
for the Lok Sabha elections. These people were denied ration under Public
Distribution Scheme, in protest, they have decided to boycott the elections. They
have written a letter to chief Minister Raghubar Das about their decision and
about their indefinite hunger strike till their problems are addressed.

The state of Nagaland has 17 Naga tribes in Nagaland, with distinct

languages and customs. There is a popular perception that women enjoy gender
equality in the Naga Society. Naga women are appreciated for their
entrepreneurial spirit, and are supposed to be educated, independent and
hardworking. Naga Society is also a role model in protecting women and
women’s safety. Crimes against women, rapes etc are very low in Nagaland and
Naga Society when compared to the other states and communities. Though naga
Society is strictly patriarchal in nature, it is the responsibility, duty of men to
respect and protect women. Different roles have been assigned to males and
females. Women have to take care of the domestic, chores, family issues etc,
while men have societal responsibilities, administration etc. Among all this
goodness in the society, there still is a darkness beneath the goodness. Though
women enjoy better status, respect, that does not transpire into equality of women
with men. Of late, women are dissuaded from any role in politics. Though as per
law, 25% of reservation is given for women in Village Development boards, it is
just a paper reality. None of the seats are occupied by Naga Women. Women are
treated as political untouchables. They are not allowed to participate in Village
Councils, Development boards etc54. Naga Society is tied in tight traditional
norms, that overrule women’s role.

Many activists and women’s organizations have been fighting for the
rights of women. The Naga Mother’s Association headed the fight prior to
municipal elections demanding the implementation of Article 243(T) of the
Indian Constitution, that has provisioned for 33% reservation for women in local
self-governance, violence erupted in large scale. Men and other traditional and
orthodox ideologists vehemently rejected the same. Women became the victims of
violence. Nagaland’s Municipal and Town council Act, 2001, did not provide
mandatory right to women. NMA encouraged women to fight for their rights.
After much deliberation, the Nagaland Municipal (First Amendment) Act reserved
33% seats for Naga women in local bodies. However, the male dominated tribal
groups opposed any such rights to women, so the government had to back off and
announce elections for local bodies without any reservation for women.

Nagaland’s Assembly passed a resolution stating that Article 243T of

Indian Constitution will not be applicable to the state of Nagaland as it infringed
on Article 371A of the Constitution. As per the Article 371A of indian
Constitution, the state fo Nagaland enjoys special status, protecting the : “religious
or social practices of the Nagas, Naga customary law and procedure,
administration of civil and criminal justice involving decisions according to Naga
customary law, ownership and transfer of land and resources”.

The traditional Naga leaders are of the opinion that, any kind of
reservation for women in political arena, would be unconstitutional as they
vehemently quote that No Act of parliament would apply for the state of Nagaland
with regards to “religious, political, social or law practices of the Nagas”55. The
NMA along with other joint action committees petitioned before the Supreme
Court of India through a Special Leave petition(SLP) about the implementation of
reservation and the obstacles caused by Article 371A, in implementing Article
234T in Nagaland. The Apex court held that Article 234T supersedes article
371A and upheld reservation for women in local bodies 56. However, rampant
violence caused death of few people, thus forcing the NMA to withdraw the SLP
54
By Lianboi Vaiphei, The Conversation
55
Equality and Tradition Clash As Naga Women Fight for Representation, Lianboi Vaiphei
56
Equality and Tradition Clash As Naga Women Fight for Representation, Lianboi Vaiphei
from the Supreme Court. It is a far reality and a long march for the women of
Naga Community to defend their rights and live up to the reality.

It is a harsh reality that, Nagaland has hardly produced any woman

representative in its history, Nagaland has had only one woman representative as
Member of Parliament that too in the 1970s. Smt. Rano M.Shaiza is the only MP
of Lok Sabha from the state, elected for the first time in 1977. In the 56 years of
the state’s history, it is yet to elect a woman representative for its Legislative
Assembly. Around 19 women contested legislative elections since 1963, however,
none got elected.

However, there are forcible yet landmark steps that have begun in the strict
traditional community. For the first step, the Metha Thinuo Krotho, Dimapur, a
traditional Naga tribal clan, has elected its first woman president, Smt. Khrienuo
Metha. By doing so, the clan has stepped out of its very orthodox thoughts,
further sent out a strong message to the patriarchal society to shed their centuries
old cultural thought that was depriving almost half of the population of their
fundamental rights.

5.7 Tribal lighthouses deferring Patriarchal Society:

We now throw light on few lighthouses that deferred the mindsets of patriarchal
society, paving way for other women to fight and shine:

Tribal Woman who battled many odds to become Sarpanch- Rukmini Devi57:

Rukmini Devi had a broken marriage, and she raised her two daughters
single-handedly. Rukmini Devi is a social and legal rights activist, who continues
to fight for the rights of single women. She was married at an early age of 15
years to a daily wager, who was committed to adultery. Rukmini Devi tried
mending ways of her husband, but failed, she broke her marital ties and started
living with her two daughters, one of whom was suffering from cerebral palsy.
She struggled to make ends meet. Rukmini joined an NGO and got herself trained
in legal and human rights. The NGO taught her about FIR, legal terms, basic
rights and rights of women.

In her run for the post of village head, she failed in her first attempt, but in
her second attempt she won by two votes and challenged her opponents: “I will
57
https://www.shethepeople.tv
rule for five years if you have the guts then remove me”. On her nomination, she
did not receive anyone’s support. She received threats to take back her
nomination. Rukmini could not even campaign, because her opponent was a
highly educated, financially sound. However, she managed to go along with a
friend and did door to door campaigning meeting every person. Even after many
struggles, she won by two votes. In her period she claims to have built her
village’s first high school, laid concrete roads, road to graveyard etc. She also
successfully brought in the MNREGA scheme into her village. Rukmini claims
that, since independence there was only one narrow road leading to her village and
there was a stream flowing in the middle of the road. In the rainy season, this
stream would disable people from crossing it, thus leading to helplessness.
Rukmini took two years to convince authorities and collect funds to build a small
bridge across the stream and that is the only bridge that still helps people travel to
and fro from her village. She became an icon in the village and other women and
elders come to her to seek her advice on various aspects. Rukmini is currently
working with the NGO, promoting the wellness of single and abandoned women.
She is working with National Single Women’s Forum. She is spreading awareness
among women, how women can be self-reliant. Rukmini teaches women to gain
their own identity. Rukmini’s story enables other women to have sheer grit and
dedication in empowering themselves.

Warrior Sarpanch: - Anna Kujur Samvaad, A Tata Initiative said “Any

form of development requires coordination. But for the longest time, tribal
communities have lived on the margins of mainstream discourse that impact them
the most.”

Anna Kujur, Sarpanch, Sunajor- Village said “I have lived my life for the forests,
and one day, I will die for it,”

Anna Kujur an adivasi woman fought hard to get the rightful claims of the
forest dwellers fulfilled. She made herself a one-woman army and helped more
than 16,000 forest dwellers get their rightful patta for their lands. Sundergarh
district of Orissa is dominated by 50% of tribal population. These people eke
their life through forest produce. Tribal people are dependent on forest lands,
cultivating, etc, however, they have been branded as forest grabbers, encroachers
and tortured by the forest officials.
 Anna Kujur, sarpanch of Sunajor Village, Sundergarh district began her
fight through Athkosia Adivasi Sangathan and began her fight for the tribal rights.
She later connected with the Campaign for Survival and Dignity, a national
platform of tribal and forest dwellers’ organisations. She attended workshops,
training sessions and got first- hand knowledge on the rights of the forest dwellers.
, and participated in a three-day training workshop on the rights of the forest
dwellers. Anna travelled about 25Km daily on her cycle creating awareness about
the rights of people, their land rights etc. It is observed that though the tribals were
cultivating since decades, they did not have any right on the said lands, they were
treated as agricultural labourers. Even after decades of labourship, they did not
have land of their own. She created awareness among tribals of 148 villages and
made them join hands and fight for their land rights. Anna has helped around
30,000 tribals realise their claims to land and forest rights under the Forest Rights
Act, 2006. Since 2000, more than 16,000 Adivasis realised their dream of getting
patta of their lands, which was facilitated by Anna Kujur. These people have since
been enjoying and leading dignified lives. whose claim for land Patta was
persuaded and facilitated by Anna, have got the land rights and leading a dignified
life.

Initially she struggled a lot even at the hands of her family. Her husband
Nicholas used to beat her in order to dissuade Anna from going out of her house.
However, later, when he realised the admiration and respect she was receiving
from other villagers and community people, he changed his mind and started
supporting her purpose. In his own words, Nicholas said: “I was giving her a lot
of pain. I have understood that her work and her struggles are not limited to the
family; it is for the larger community. I also know that what she does requires a
lot of patience and guts that most women do not possess. She is the strength of my
family.”

Anna Kujur resisted many multinational and big companies from

destroying the forest lands. She herself claims that, she was instrumental in
shutting down 2 -3 factories in her area, like iron sponge factory and Bhushan
Steel.
Youngest Sarpanch of Chattisgarh: - Ritu Pandram

The youngest female sarpanch of Chattisgarh, is a tribal woman sarpanch

of Sarbahara village, Bilaspur district, getting elected purely because of her
educational qualification, at the age of 24, Ritu Pradhan added many feathers to
her hat. Ritu Pradhan is a Post graduate in Bio technology and opines that
education itself brings in progress. She handles issues of water scarcity, sanitation
apart from teaching to students of the village. Ritu’s campaign includes betterment
in sanitation facilities in the village, higher education for girls. She runs awareness
campaigns of laws and regulations. By helping villagers get payments through
MNREGA, getting Aadhar enrolments, water harvesting, she tries to usher in
simple yet dominant changes in the villages. Ritu’s efforts have resulted in
construction of 600 indoor toilets in her village.

Ritu Pandram, Sarpanch Sarbahara village, Bilaspur district opiend “I want the
kids in my village to believe that the world is their oyster. Many social issues may
plague our society, but education is the first step to addressing them,”

Santabai Warkade:

The first ever Sarpanch to be elected from her Amagaon village, Neempani
Panchayat in Betul district.

Santabai regularly reaches out to her villagers by traversing house to house

enquiring about the grievances, advices, necessities. She takes note of the
villagers’s grievances, prepares pointers. She makes sure that the grievances are
turned into petitions/applications and the issues are addressed. Santabai joined
Ekta Jan sanghatan, which trained her and made her strong enough to change from
an Ordinary Adivasi to Sarpanch of the village. The sanghatan changed
Santabai’s personality from where she emerged as a strong vocal leader to address
concern about women’s rights and development work.

In the words of Santabai, who faced many obstacles for getting herself
nominated for the post, without any economic and social support: “It was tough
being the lone woman candidate. I received threats from the opposition to
withdraw nomination. They told me that a woman should not get involved in
matters like elections. I had sleepless nights. In the last phase of campaign, the
opposition distributed freebies, alcohol, money, chicken, and we had no money
like them”.58

P. Ramabhai- Sarpanch:

It is a lesson that every male sarpanch and other politicval leaders have to
learn. P. Ramabhai, a tribal sarpanch of a village in Adilabad District of
Telangana, has stood in the news recently in the pandemic era. She as Sarpanch,
took upon the responsibility of preventing the spread of Covid 19 in her village
and sprayed disinfectant in her whole village, without depending on the municipal
workers for the same.

Further, without stopping there, she has been creating awareness about the
pandemic among the villagers, urging the villagers to strictly follow the
instructions issued by the State and the Central governments to fight the
coronavirus.

Usha Supe, Sarpanch- Kubi Gram Panchayat:

Usha Supe is the First Sarpanch elected after PESA. Usha’s education has
given her an edge over her rivals for the villagers to elect her. The social status of
Upa Sarpanch of Kubi Panchayat is higher compared to Usha Supe’s, however,
lack of education and absence of caste hierarchy asserted the post of Usha. As
discussed supra, the the caste based hierarchy in adivasi community is very less
compared to the non-adivasi community. Further, the tribal women are far more
equal to their male counter parts compared to the other women in the society.

As a sarpanch, Usha Supe implemented the iconic Mahila Gram Sabha in

her area, ensuring the participation and representation of tribal women in the
decision making processes. The mahila gram sabhas are the rare platforms, where,
only women are empowered to speak, discuss, argue, agitate and decide. This
have enabled tribal women to find their place in a male dominated society. The
mahila gram sabhas also help tribal women in preserving their land, water, forest,
resources and culture. According to Usha Supe: “In such an informal gathering,
women also speak up about their health issues related to menstruation, pregnancy;
their relationship with husband, incidences of domestic violence, need of alcohol

58
https://casa-india.org/once-an-ordinary-tribal-woman-now-a-sarpanch/
ban, etc,”. Usha Supe further went a step ahead and formed a tanta mukti samiti,
with four women members. This Samiti prevents local quarrels, understands
women’s concerns from the perspective of women.

The woman Sarpanch made headlines when she implemented the concept
of an open market in the village itself. It so happens that, while the tribal women
procure the forest produce, the men sell it to mediators etc, thus earning very less
income. So the ultimate beneficiaries are the middlemen, mediators, traders, who
are enjoying the fruits of hard work of the tribals. With meagre earning, the tribals
suffered. So, the brave Sarpanch, Usha Supe, in order to eliminate the role of
mediators, traders, middlemen, she made the availability of markets in the villages
itself, invited customers, traders to participate in auction of the forest produce,
thus gaining profusely and gaining good income for the actual tribals.

Saraswati Hembrum:

She started her career as a Sarpanch of Palasmundle gram Panchayat of

Mayurbhanj District. She went on to become Member of Legislative Assembly,
Orissa and was made Minister. She was the first tribal woman to be given
ministerial charge. Smt. Saraswathi was elected as Rajya Sabha member and was
handed over Misnistry of State for textile Department.

She has risen from an ordinary tribal women to holding a place of pride in
the nation, which is very difficult for tribal women and women in general.

As an MP, she has created history by raising her local issue for the first
time in the house of Rajya Sabha in her Mother toungue, Santali language, which
is a tribal and endangered language.

Recently, Orissa Government has set up the Orissa State Commission for
Protection of Child Rights, in tune with the Central Government laws. Smt
Saraswathi Hembram, was made the Chairperson for three years, becoming the
First Chairperson of the Committee.

5.8 The Panchayats Extension to Scheduled Areas (PESA):

After the 73rd and 74th Constitutional Amendments, exempting the tribal
areas listed under Fifth Schedule of the Constitution, there arose a huge demand to
empower local self-governance in the tribal dominated areas too.
 The government of India, upon pondering, constituted a committee in the
year 1994 to look into a law and modalities that can be extended to the scheduled
areas. The committee which was headed by Dilip Singh Bhuria, a Member of
parliament, from Madhya Pradesh highlighted the plight of the tribal communities
in the Scheduled areas and the kind of exploitation they have been undergoing.

Based on Bhuria Committee’s recommendations, the Central government

enacted PESA in the year 1996 which gave utmost power to gram sabhas (village
councils). The Vision of the government was to strengthen the self-rule in
scheduled areas through PESA. In order to ensure local self-governance for
adivasis, the Central Government enacted PESA on 24th December 1996, by way
of conducting Gram sabhas in Scheduled Areas, and took the decentralised
government, local self-government to the Fifth Scheduled Ares The fifth schedule
areas, which deals with the administration of the districts dominated by the tribal
communities, is in force in 10 states of the country. These states include
Jharkhand, Chhattisgarh, Odisha, Andhra Pradesh, Gujarat, Himachal Pradesh,
Madhya Pradesh, Maharashtra, Rajasthan and Telangana.

This law resurrected a platform for the Adivasi women to assert their
agency. Industrialization, afforestation, not so –sustainable Economic
development has led to the loss of access to forest land for the Adivasis. Rampant
land acquisitions by Central and State Governments, Multinational companies,
local companies etc caused displacement of the tribal population on large scales.
This caused the tribal community resources vulnerable and created distress in
adivasis who till now were residents of Scheduled Areas. However, the
Government has brought in PESA as a step towards the betterment of the tribal
lives, it is seen as a boon showerd on the tribals against the so many
vulnerabilities. PESA sought to usher in a new direction in development of tribal
communities living in Scheduled Areas, placing the decision making right and
capacity in their hands. PESA sought to empower the adivasis to decide the pace
and priorities of their community’s development. The 73rd Constitutional
amendment, decentralizing the powers through the local self- governance has
provided institutional protection for the tribal community, their culture, customs &
traditions, language, knowledge, rights, etc.
 PESA Act not apart from promoting self-governance also prescribes a
yearly funding of Rs 8-9 lakh to the Gram sabhas and also helps in the
empowerment of tribal women

The Central Government’s aim of implementing local self-governance in

pursuit of empowerment of tribal women depends on the social and political
conditions of that particular region. It depends to a greater extent on the
patriarchal mind sets, oppression of Scheduled tribe Women in their communities.
But, indeed, a tribal woman enjoys better place in her community when compared
to other caste women. Caste and gender dynaims in tribal communities is far
diefferent from the rest of the country. In the words of Usha Supe, Sarpanch- Kubi
Gram Panchayat: “The adivasi community itself serves as a non-caste or outcaste
society”

Usha Supe, Sarpanch- Kubi opiend “The caste/varna system and the
hierarchy-based social stratification are absent from the governing structure of the
adivasi community. Although there is caste diversity in the villages, governance
under the adivasi community has prevented upper castes from asserting their
power over individuals/groups belonging to lower caste communities.”59

Many villages in Orissa are blessed with rich forest resources like hirada,
honey, shikakai, etc. The Adivasi women in the scheduled areas under PESA are
generally engaged in collecting and preserving forest resources. It is then the turn
of the tribal men of the community to sell those products with the help of
mediators, traders etc. At last the men receive money that is far too less compared
to the actual value of the forest products. This meagre amount is then shared with
the women who worked in collecting the forest produce. PESA focuses on tribal
women’s health, livelihood, development, empowerment. It works towards
enhancing the skills, financial stability, independence and sustainable
development in terms of requisite focus on land, water, forest and culture of the
Adivasi women. PESA’s action plan for women includes health camps, training
camps and self-help groups for women sustainable development.

Though PESA was thought to be a milestone towards the upliftment of the

tribals, however the Act gathered moss till recent times. However, the icing on the
cake was when the Apex Court of India referred to the PESA Act, in a landmark
59
Pooja Kudal , Adivasis and the Indian State, First Post
case, Orissa Mining Corporation Vs Ministry of Environment & Forest & Others
directed the Orissa Government  to go to the gram sabha  and get permission for
bauxite mining in Kalahandi and Rayagada districts of Orissa 60. The local people
when questioned if they would have any problem in conducting mining works in
their area, will mining affect their religious and cultural rights, they rejected the
bauxite mining firmly. The locals decided against any sort of mining on the
Niyamgiri hills leading to the cancellation of a huge mining project. The Supreme
Court of India, in a rare judgment, declared that Gram Sabhas have an important
role to play while safeguarding the customary and religious rights of the Adivasis
and other Traditional Forest Dwellers under the Forest Rights Act. The Supreme
Court has re-affirmed that only the locals have the decision making power about
their region.

Sarpanch Usha Supe has led the march and protected the rights of the local
adivasis, through PESA.

History shows that, tribal women are known for their leadership qualities,
but due to less opportunities, they are disarmed from contesting elections. Tribal
women fare better when compared to more prosperous, educated women
belonging to rich and upper castes with regards to leadership skills. NGO’s like
Vayam, are designing special cources to train the Sarpanches and Panchayat
members, educating them about their rights. These NGO’s are trying to empower
tribal women by joining them with Self help Groups, amping up pressure on the
villagers, a move to conduct women only gram sabhas etc. and other
organizations like NMA have been already fighting for the tribal women’s rights.

SC/ST Women Reservations and Problems in Implementing the same

Special Analysis on Andhra Pradesh
Men have been dominating the political circles till recently. Apart from the
organizational hierarchy, State Legislatures and Parliament have been a men’s
playground. The power and authority have always been in the hands of men. To
be a part of politics in India, a person should owe good economic, financial and/or
family background. And the society also lines up being the political heavy weights
based on the caste, community, religious factors. Women have always been
discriminated, oppressed and back seated. These unfortunate times of women
60
Nageshwar Patnaik, ET Bureau
gifted the bad luck even to the Dalit women, who have been neglected, ostracized.
They struggled even worse in representing themselves and becoming a potential
strength in nation building.

Women have to face many socio-economic and emotional hurdles to

participate in political circles. Dalit women’s fight is majorly focused on their
facing the many facets of abuse. The decision making power of dalit women has
taken a beat due to their social and economic status. It is said that money and
power makes many things. As these people lacked both, they could not progress.
They neither had money nor the power or authority to change things. The 73rd
and 74th Constitutional amendments have handed over some power to these Dalit
women to snatch the power from the upper classes, still it is a paper based or
documentary support. Where is the real power or strength? The many voices that
raise for equality of men and women, the equality of upper and lower castes, have
not done much to bridge the same in reality. The tragic reality is that Dalit women
still suffer even after getting power. One such story is of recent days. The story is
of a woman Dalit political leader from Madhya Pradesh -Smt. Imarti Devi.
Though she is so powerful that she served as a Minister in the Madhya Pradesh
government in Ministry of Women and Child Development, yet she remained a
woman, a Dalit in the eyes of former Chief Minister Mr. Kamal Nath, who
addressed her as an ‘item’ during an election rally. This clearly shows that, how
much ever a woman raises in her stature, how much ever a Dalit progresses in life,
she still is targeted by the so-called educated, rich upper castes. In spite of many
fight-backs, Mr. Kamalnath did not apologize to Smt. Imarti Devi. This kind of
name calling is a daily affair for the Dalit women. They have been put to
harassment- verbal, physical, sexual. It has further to be noted that, is a Dalit
woman minister faces such criticism, then what would be the position of common
Dalit women and girls? Such derogatory remarks are used by men to cow-down
dalit women who show their strength.

With our studies we have asserted that crimes against Dalits have seen a
steep increase of 6% from the year 2009 to 2018. It is also observed that over 3.91
lakh atrocities have taken place against Dalits. The National Dalit Movement for
Justice (NDMJ) has prepared a report called “Quest for justice” during its
campaign for the scheduled castes human rights. In its report it is stated that,
“Dalit women often bear the brunt of violence in the hand of dominant caste;
violence as grave as physical violence, sexual violence and witch branding”. It has
been observed that, the lockdown during the COVID-19 pandemic has resulted in
more atrocities on women and Dalit women in particular, witnessed various forms
of atrocities. Further the report states that, during the last five years according to
the National Crimes Report Bureau, around 2,05,146 crimes were registered
against the Scheduled Castes under the Scheduled Castes and Scheduled Tribes
(Prevention) Atrocities Act. From these registered crimes, around 41,867 cases ie.,
about 20.40% were related to crimes against the Dalit women.

The said report also observed that these Dalit women victims faced many
challenges in filing the First Information reports against their culprits. The large
number of pending cases sitting with laxity in various courts has hindered the road
to justice. It is said that, from the year 2009 to 2018, around 88.5% of cases
registered under the SC SCT Prevention of Atrocities Act are pending trial.

The former Chief Justice of India Sri K. G. Balakrishnan while releasing

the report stated that, every court in the country has large number of cases stacked
up, which are pending trial. Further, he added that, with the kind of criminal
justice system that exists today in the country, it would be very difficult to have a
bright picture of the implementation of the same. He also said that the Prevention
of Atrocities Act had a “social mission”. The former justice stressed that
education was the most important factor to ring in social conditions of people in
general and the Dalits in particular.

In the recent times, many people namely Dalits and tribals, and other
vested interested people, and political leaders etc. have misused the said Act.
Also, many people in order to avenge absent the upper castes or upper classes
have implicated them in false cases. Even women, out of revenge, or in order to
settle scores with their in-laws, or husband have misused the Dowry prevention
act, domestic violence act. Similarly, few women have falsely implicated some
men in sexual harassment cases to extort, blackmail them. On the similar lines few
scheduled caste people, in collusion with vested interests and unsocial elements
have registered false cases of harassment and violence against them. By seeing all
these illegal and unlawful cases and by few other observations made by the apex
court, the Apex Court has recently diluted the said Act. However, due to the
opposition and huge uproar by people, the Government had to step in and take
action. Duly the Supreme Court had to take back its previous stand.

Dr. V. A. Ramesh Nathan, who is the general secretary of the National

Dalit Movement for Justice has hinted that, the lack of state’s preparedness and
will have failed the delivery of justice. He opined that though the legal
mechanism, the acts and Law being in place, even then the Dalits are not
protected. Dr. Ramesh stated that “It looks like the State lacks political will and is
taking the side of the perpetrators.” He further said that the “Quest for justice”
will clear the doubts imbibed in the minds of people who are calling for the repeal
of the Prevention of Atrocities Act. He explained that, the report would clear the
air and give a deep understanding about the pain of the Dalits and Adivasis.

As per an article written by Mr. Amit Kumar 61, on Two Circles.net , the
Coronavirus disease pandemic has further deepened the woes of the Dalits and
other marginalised sections. In the veil of social distancing, Covid19 restrictions
have enlarged the gap between the Dalits and non-Dalits. Apart from the rising
violence during the lockdown period, reported against women in households,
Dalits in rural areas, and domestic violence. Untouchability has again come to fore
in the form of social distancing. The National Campaign for Dalit Human Rights
(NCDHR) team that has been watching the impact of the COVID-19 situation and
the lockdown on the Dalits, Adivasis and other marginalized sections of the
society. Covid-19 has brought open the norms of social distancing, ie each person
should maintain a distance of few feet from other persons to avoid any contact and
avoid contracting the coronavirus disease. However, few observers have related
this social distancing to that of untouchability that was practiced in the country
many years ago. The team opined that instead of using the term ‘social distancing’
for the safe distance being practiced by everyone, a better term ‘physical
distancing” should be used. They felt that the stay safe –norm is taking the form of
the age old caste practice of untouchability. The team witnessed how the gender
based issues, caste based issues have grown in the pandemic. Even according to
the NCRB, both caste and gender based issues surged in the country.

As per the report, during the pandemic situation, the team has handled
about eighty cases of caste and gender based crimes. These crimes reveal an
61
TCN, Twocircles.net
increase in the veiled practice of untouchability in the form of social and
economic boycotts, physical attacks, sexual assaults against Dalit women. It is
estimated that around 40-60% of the six million households of scheduled castes
are employed as sanitation workers. These scheduled caste people, despite being
the frontline warriors, have not received adequate care and concern. These
sanitation workers have ever been at the bottom of priorities.

Dr Ramesh of NDMJ has informed in the report that the idea of lockdown
and social distancing which were positively introduced by the World Health
Organization and by the Prime Minister Narendra Modi to prevent the spread of
Corona virus, opportunists have crafted this into stressing on untouchability and
violence. It is observed that in the State of Tamil Nadu, a Dalit Panchayat leader
was made to dig a funeral pit by the other high caste members. These upper caste
members have taken undue advantage of the Dalit leaders poverty and not treated
him at par with them, but treated him as a bonded labour. On the similar lines, in
the Tuticorn district of Tamilnadu, four Dalit men died while manually cleaning
septic tanks. Similarly, the Arundathiyar community has been facing extreme
discrimination.

Mr. Hakim Singh, a Researcher on Panchaythi Raj Institutions, has said

that “a favourable environment for weaker sections especially, Scheduled Castes
and Tribes and women is needed to make them more vocal, empowered to ensure
their active participation at a local level.”. He further opined that, there is hardly
any notable ratio of women participating in local governance, be it women in
general or a Dalit woman in particular. A woman’s assertion of rights is not
considered normal to the system.

It is very notable to mention that the State of Jammu and Kashmir, was
considered to be a special state and with no cases of caste discrimination being
reported till recently. However, the State of Jammu & Kashmir was following
Ranbir Penal Code, and none of the Acts enforced in the other parts of the country
could be enforce in that state. So the Prevention of Atrocities Act was never
enacted there. So no case could be specially booked for caste discrimination or
against atrocities committed against the depressed classes. It is only after the
abrogation of Article 370 and Article 35 A in the state, the lower castes were
empowered to make use of a law that could address caste atrocities.
 Rape is often wielded as a weapon by the dominant classes against the
lower castes whenever there arise situations of caste or class conflict. Mr. Sanjay
Srivastava, Sociologist says that, apart from proving their power by sexually
violating the dalit women, the upper class men try to remind the lower caste men
that they failed to protect their female members and are hence powerful. In the
fight of power, proof of strength, upper caste men humiliate, target the lower caste
women. He further states that upper caste men use rape as a prominent tool to
stage a "contest" among men.

As per reports, at least four Dalit Women are raped every single day. The
director of Centre for Social Research, Ms. Ranjana Kumari has said that,
although violence and abuse in all manners take place on a daily basis, yet there is
no substantial caste-based data on sexual abuse in the country. Few years back, in
Harayana, Jat Community agitated, conducted dharnas, rasto-rokos etc for
reservations for their community in government jobs. These jat people are upper
caste agricultural people. There is nothing wrong if any one conducts strike, or
dharnas etc and make demands to government. After all, it is for their
community’s welfare. But the concern is that, during such agitation, few
protestors pulled nine Dalit women from their houses and brutally raped them. It
is still not understood as what might be the reason for such horrific mind set of
people. These people found the dalit women as soft targets. In order to prove their
point, in order to make the agitation more violent, they targeted the lower caste
women to prove their demonic strength. How far is it OK to drag innocent dalit
women without their permission and abuse them and assault them in the harshest
of manners? Such incidents occur every day. A man abuses a woman because she
is his soft target to vent is anger, to prove his false strength. Similarly dominant
classes, in order to prove their false strength and to prove to others that they are
powerful, they target Dalit and tribal women. It is used to settle scores.

The weaker sections of the community have little or no access to land or

properties. Lack of access to agricultural land among Dalits has become a
frontline issue in their progress. Cultivation of land would have given them a
better life, nutrition, better economy and standards of living. At least they would
not have depended for a square meal on the rich. Dalits become economically
vulnerable and their dependence for daily necessities on upper and rich sections of
the society got them exploited from time to time. According to the NCDHR
report, 2006, around 34.9 million acres were distributed among farmers and only
0.5% of that distributed land went to the Dalits and adivasis. As per the reports of
NCDHR on Caste, Race & The World Conference Against Racism (WCAR), out
of around 30 million hectares of surplus land, only 7.5 million acres has been
declared as surplus from which very less percentage was distributed to the Dalits,
who should have been the actual beneficiaries of that land. It is also reported that,
only a fifth of the Dalit population has access to agricultural lands as independent
agricultural workers. Further, most of the Dalits do not have access to Common
property resources like fishing ponds, lands, properties etc. such limited or no
access to the common property resources has still deteriorated the oppression and
discrimination of Dalits and further pushed them into poverty, who otherwise
would have had better lives.

5.9 Reality that worries:

1) A Dalit Pradhan Mr. Pappu Ram was allegedly murdered by four upper
caste men. The upper caste men could not digest a Dalit to become the Pradhan of
their village. Mr. Pappu Ram @ Satyameva Jayate was the first person from his
community to become the pradhan of Bansgaon village in Uttar Pradesh. The DIG
of Police ensured that the accused will be booked under National Security Act
(NSA) and the Gangster Act and a cash reward was also announced. According to
the statement of his cousin Mr. Prasad, Satyamev Jayate had refused to issue a
character certificate and proof of residence to a local criminal. This local criminal
had many criminal cases including a murder case registered against him, due to
which the Dalit pradhan refused to sign his certificates. The upper caste people
were irked by his fearless work, they did not like it when the Dalit pradhan did not
kowtow to the upper castes. The upper caste Thakur’s killed Mr. Satyamev Jayate
to teach a lesson to Dalits and send them a message of fear. They accused wanted
to mark their dominance over Dalits. The killers boasted of their murder victory to
the victim’s mother. An FIR has been registered against the four accused.

2) Jammu and Kashmir registered its first ever case of caste Discrimination.
After the abrogation of Article 370 and Article 35A, now all the acts that were
applicable to Whole India but not the State of Jammu and Kashmir, are now
applicable. Applying the Scheduled Tribes (Prevention of Atrocities) Act,1989 a
case was booked for caste discrimination for the first time in the Kishtwar District
of the State. Mrs. Kamlesh Kumari was elected as Sarpanch for Pocchal Village.
She is a Dalit women leader. The Dalit sarpanch was insulted and slurred with
casteist remarks. She further complained of receiving threats from the accused Mr.
Suresh Sharma, and inaction by police in protecting her. Upon her complaint an
FIR was booked against Mr. Suresh Sharma, the Chairman of the Block
Development Council

Succumbing to the pressure put on her by the other members of the

Panchayat, she was forced to resign from the Sarpanch post. It is said that she
raised her voice against the corrupt practices of the Panchayat, who was
compelled to settle the matter without making noise, however, as she did not yield
into the hands of the corrupt members, she was called names, and insulted using
her caste. She was fighting to get the MGNREGA amount that was due to be paid
to the Dalit women. According to them the Dalit and Muslim workers were
allotted community work under the government’s minimum job guarantee
scheme, but they were not paid their complete wages. In her resignation too, the
Dalit woman leader has clearly mentioned that she was put to atrocities and hatred
based discrimination by the upper caste members. Her husband reiterated that
their life was made hell and they were not allowed to roam freely on roads. Five
members of the Panchayat have moved a no-confidence motion against the Dalit
woman sarpanch, though the same was deferred later.

Mrs.Kamlesh wrote letter to the National Commission of Women,

National commission for Scheduled castes and released a press note submitting
her resignation. Mrs.Kamlesh has also address the President, Sri Ram Nath
Kovind, through a letter detailing the humiliation and abuse she had to put up
with. She demanded a high level probe into the corrupt practices of the Panchayat.
She also mentioned in her letter that Democracy has been murdered in her place.62

A letter was addressed by her daughter Ms. Alka Bhagath to the Prime
Minister Mr.Modi explaining the atrocities they faced and sought action. She drew
the attention of the Hon’ble Prime Minister to the sufferings of women and Dalits
especially. In the heart wrenching letter, she stated that, despite the government
schemes like “Stree Swabhiman” and “Beti Bachao Beti Padhao,” programs
62
Jatinder Kaur Tur, The Caravan
towards empowering women are still abused, harassed and discriminated on the
basis of caste and sex.

3) In a very recent case in Uttar Pradesh, the husband of a Dalit woman

pradhan, was set on fire. Mr. Arjun Kori’s wife Chhotka is a Village pradhan of
Bandoiya Village. On 30th October 2020, Arjun Kori was kidnapped and set on
fire over a money dispute. An FIR has been registered based on the dying
declaration of the victim and some of the culprits were arrested while others
escaped.

4) Mrs. Pappi, is a Dalit woman sarpanch of Virsinghpur, Kanpur, Uttar

Pradesh. It is reported that she being the village head, went to inspect mid-day
meal programme in a Government primary school. She found many issues in the
implementation of the programme and also received several complaints from the
students. In this regard, Mrs. Pappi questioned the Principal Mr. Santosh Kumar
Sharma, who retaliated by insulting her using castiest remarks and
unparliamentary language. Further, according to Mrs. Pappi, the Principal ordered
the attender to wash the chair with detergent, on which Pappi seated. This clearly
reflects the mind set of even educated people occupying respectable positions. A
complaint was made by Mrs. Pappi to the District head, on which an enquiry has
been set up under the chairmanship of the concerned Tahsildar.

5) V. Amurtham, Athupakkam village, Tiruvallur District: V. Amurtham is a

Dalit woman Panchayat President. It is said that she was invited by a Government
school to hoist national flag on Independence Day. However, citing the COVID-
19 pandemic issue, she was again called and asked not to come for hoisting the
flag. Later it was informed that she being a Dalit woman, was kept away from
hoisting the flag. Mrs. Amurtham has stated that as a Dalit leader, she faces
discrimination and received threats from upper caste people. However, after the
District administration intervened, she was made to hoist the national flag five
days later.

6) A Kiruthika Arunkumar, Perugamani panchayat: Mrs. Kiruthika

Arunkumar is a Dalit woman President of her Panchayat, while the vice-president
Mrs.Manimekalai belongs to a non-Dalit caste. It is reported that Mr.
Manimekalai has spent a lot of money to win the Panchayat elections, and that she
wanted to get the money back, so she is adopting corrupt practices of hijacking the
government funds. However, as the same is opposed by the Panchayat President,
she is being abused with her caste and making negative propaganda in social
media. It seems that the upper caste Vice president did not allow this Dalit
president to occupy her president’s chair and further sought a separate cabin for
herself. Mrs. Arunkumar has lodged a complaint against the vice president with
the Block Development Officer and on 22nd Oct 2020, she sat on hunger strike
against the illegal actions of the Vice president and seeking action against
Manimekalai.

7) S. Rajeshwari, Therkuthittai village, Cuddalore: S. Rajeshwari is a Dalit

woman Panchayat President of Therkuthittai Village. Recently the news hogged
the headlines, that this Dalit Panchayat president was made to sit on the floor,
while other panchayat members and even officers with lower ranks were sitting on
chairs during Panchayat meetings. She alleged that the vice-president Mr.Mohan
Raj, who belonged to a dominant caste, forced her to sit on the floor in the
meetings saying that “it would be disrespectful to the others if she also sat on a
chair.” It is reported that since the Panchayat elections in January 2020, there were
over all four meetings that were conducted and in all meetings Mrs. S. Rajeshwari
was made to sit on the floor as she belonged to a scheduled caste and other
members would feel offended as they belonged to upper castes. In the month of
July her husband secretly photographed the meeting in which Mrs. Rajeshwari
was forced to sit on the floor, which was later circulated and the Collector and
district administration intervened. An enquiry was held and a case registered
against the Vice -President under the Prevention of Atrocities case. However, it is
said that S. Rajeshwari was threatened not to complain against the Panchayat
members. However, it was high time and she could not take any more castiest
insults and threats, so she acted upon fiercely.

8) Mr. Popat Pandurang Waghmare, Khadki village: For the first time,
Khadki village witnessed a dramatic change in its politics, and a dalit person was
elected as Sarpanch. Mr. Popat Pandurang Waghmare, belonging to Mang caste,
was elected as the sarpanch of the village, however, his election was opposed by
the Maratha caste people who disagreed and did not cooperate Mr. Waghmare. In
one of the meetings about corruption, the Maratha leaders argued with the Dalit
sarpanch, two men of Maratha caste went to Wahgmare’s house and burnt the
houses of Waghmare and his brothers. Ms. Rajni Waghmare was present in the
house and she recognized the accused burning the houses. Though Mr. Waghmare
complained to police no FIR was registered immediately, after some days, the
police succumbed and filed an FIR and provided the Waghmare family with
police protection. However, the Dalit family later got discriminated and not
allowed to get any kind of employment in the village, they still fear for their lives
and facing worst circumstances with no job and freedom to live in the village.

9) Sheela Devi was a Dalit Sarpanch of Mandothi Panchayat. In the year

2006, one Mr. Bachu Pehlwan was murdered by three men. However, the police
arrested nine people including the Dalit woman sarpanch illegally. They
implicated the woman sarpanch on false grounds. The family members of Sheela
Devi stated that there were group politics that resulted in gang wars in the locality
and the MLA was also backing them. Further, the Villagers were allotted around
four crores of compensation against their lands, which was eyed by the MLA and
other leaders, which was not acceptable by the Dalit woman sarpanch, who was
against it. So she was falsely implicated in the murder case by the police in
collusion with the MLA and other opposition leaders. Sheela’s family approached
the national Commission for Scheduled Castes alleging fowl play by the police.
The Commission backed the Scheduled caste sarpanch and asked the
Superintendent of Police of Jhajjar district to furnish the details in the alleged
implication of the Dalit woman sarpanch, in the murder case.

10) Mrs. Munia Devi, Dalit woman village-head reports her story. She is also
one among many such Dalit woman leaders who is unable to conduct her public
obligations due to manipulative caste discriminations. It is said that, Munia Devi,
was the Dalit Sarpanch of Koirajpur village, who belonged to the Chamar
community under Scheduled Castes. Since her election as the village head, she
was denied the rights to discharge her duties and was also denied control over the
management of the village by the upper caste persons. It is also reported that the
Government appointed Village secretary whose was duty bound to help and assist
the village head, colluded with the upper caste people and neglected his duties.
When Mrs. Munia questioned the corrupt practices of one Mr. Ravindra Singh in
Public Distribution System, she was manhandled and verbally abused. Though she
complained against the perpetuators, no action has been initiated.

11) Muthukanni, Madhavakurichi Panchayat. Muthukanni a scheduled caste

woman, contested in 2011 from a seat reserved for scheduled caste candidates.
Muthukanni, hugely popular among the women of the Panchayat, was voted to
power by six of the seven hamlets. She contested the Panchayati elections as she
felt indignated at the humiliation hurled by the Marvar caste, an upper caste on the
previous scheduled caste Panchayati leader. She wanted to fight it tooth and nail.
She stated that the ex-Dalit Panchayat leader was once locked in the Panchayati
office. other time he was forced to sign the cheques standing on road itself.

12) Jukkala Mamata, Bussapur Village: Jukkala Mamata belonges to Mala

community. She was elected as the Sarpanch of Bussapur Village, Nizamabad
District. Trouble broke out between few upper caste men and the Dalit families
related to Mamata over a land dispute. There was a dispute regarding the
ownership of some land in their village between few upper caste men and families
of Scheduled castes. Later the upper caste men pressurised the scheduled caste
family to transfer the ownership rights to them that were allegedly in the names of
the Scheduled castes. As Mrs. Mamata and others refused to transfer the
ownership of land, a social boycott was ordered by some village elders and none
in the village was talking to them and they were also not being allowed to buy or
purchase goods in the village. Mamata reported that, she and her family were
socially boycotted and no villager was allowed to talk to them and no tractor was
allowed to plough their lands. However, she complained to the District Collector
who ensured to resolve the problem and later a compromise was reached between
the upper caste and scheduled caste people. Later an FIR was registered under the
Prevention of atrocities act against culprits who ordered the social boycott of the
sarpanch. As soon as she got elected, her troubles started. At the first instance
itself, she was not allowed to step into the Panchayat office. She was neither
allowed to carry out her duties nor hoist the national flag. She was put to verbal
abuse by the upper caste men. One who doesn’t relent or succumb to pressure, she
put a tough fight. She sifted her Panchayat office to a community library and held
the meetings there with other members. She lobbied with India Cements to build a
new Panchayat office. Under the Corporate Social responsibility Scheme, the
company funded fifty lakhs, using which Muthukanni built a new Panchayat
Office. She stated: “This office is open to all. Anyone can come and meet me and
talk to me”.

13) Bagdi Bai, Mewasa Gram Panchayat, Ratlam District: Bagdi Bai was
elected as sarpanch of her Panchayat, however, she has signed a Power of
Attorney on a Rs. 500/- Non-Judicial Stamp paper, authorising another man, one
Mr. Deepak Sharma of the same village to perform her duties. Mr. Sharma was
given power and right to take decisions in place of the elected woman sarpanch
whose. It was said that Bagdi Bai’s election expenses were purportedly paid by
Mr. Sharma, in return she signed the Power of Attorney, as she was illiterate. Her
husband was a labourer and was illiterate too. Mr. Sharma gor directly involved
in the public works. Many complaints were recedived byt eh District
Administration, who then ordered a probe by the Block Chief Executive Officer.
The Chief executive officer stated that Bagdi Bai’s action amounted to misuse of
office. She has no authority to sign any such document authorizing someone else
to work on her behalf.63

14) Shalu Bai, Osmanabad District: Shalu Bai, belonged to Mang Caste, a
Dalit. She was elected as sarpanch. The locals never allowed the mang community
people to celebrate the birth anniversary of their revered leaders. They were not
allowed to enter itno temple.

After her election as Sarpanch, she remained one with a chair and no table.
It so happened that, after she came to occupy her chair, few young men brought a
bust of Chatrapati Shivaji and put it on the only table that was for a sarpanch to
use. So, Shalu bai was forced to share table with the clerk and sometimes did not
even have that to sign on cheques etc. All the five years of her tenure, she was
without a table, and signed her official documents, sitting like any other villager.

It is the lack of awareness and inadequate knowledge among the Dalit

women about the Panchayat Raj Institutions that is causing their non-effective
participation and non-performance. Mr. O.P.Bohra who studied one of the Tamil
Nadu Panchayats observed that though a very large number of women represent
electorate, yet they seldom take active participation in campaigning and
electioneering. Another Researcher Ms. Rashmi Arun also conducted a case study
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Milind Ghatwai, Indian Express.
of Panchayati raj insititutions in the state of Madhya Pradesh and found that :
“majority of the elected women are first time entering the politics, have no prior
experience of polity and are mostly illiterate”. Other Researchers have shed light
on the links between proper education and participation in politics. Further, the
failure of sponsoring themselves for elections also is failing many aspirants. Being
under poverty since years together, many Dalits and Dalit women in particular
hardly have any money or finances to utilise and contest elections. Also, in these
days, money speaks and many rich and dominant classes make money flow like
water in elections, be it in Panchayat elections or in parliamentary elections. Such
capacity is denied to the Dalit women. It is known that, sound economic back up
gives great sense of confidence to the contestants and encourages them to
participate. Further, financial freedom gives them a fair opportunity. Even is a
poor dalit woman contest elections, most electorates might not vote because there
may not be any benefits for them unlike the wooing done by a cash-rich person.
So her participation hardly creates any difference.

Alankrita Ananad in her studies has learnt that after a push from men,
women become leaders, but are overtaken by their husbands. As per her talks with
one Mrs. Rekha, a villahe Panchayat leader of Rajasthan, Rekha stated that “I
have been elected sarpanch for five years, I was a daughter-in-law before this and
will be a daughter-in-law even after my term. I wear a veil now and I will have to
wear a veil even after five years,”. Ms. Anand met Rekha and Seema, both village
heads in Rajasthan. These both first though reluctant to talk, later shared their part
of stories in patriarchal society. Rekha explained as why she does not attend
meetings alone and is always accompanied by her husband, she did not even go to
oversee the work at MNREGA sites alone. The problem was with the veil that is
compulsory for all women in the villages. Without veil, they were not allowed to
tlak to anyone. In case if a woman failed to take veil on her head, men did not talk
to her, and they spoke to her only seeing her back. The compulsion to wear the
veil imposed on women, severely hinders their public participation. Both Rekha
and Seema are quite aware of this, and of their status as daughters-in-law in their
families, who are primarily expected to play domestic roles.

Light should be thrown on some other intricate factors that affect or

challenge the success of dalit women. Generally in the Indian society, marriage is
a priority and getting a girl married at the earliest is the foremost responsibility of
the family. So most of the women are married at a very young age, without even
getting proper education, who then immediately set up a family and the woman
gets totally involved and exhausted with the family matters, children etc. So, by
the time they develop interest in outside matters, politics, welfare activities, they
are into their forties. It is reported that the average age of elected female members
is 45 years. They are married, engaged with children. Because of their patriarchal
families, and crazy rush to get settled in familial ties, they do are subjected to poor
educational status and seldom they get chance to go to schools. These women
representatives are generally housewives, belonging to poor economic
background. These women often enter into the politics for the first time, so
generally do not have any prior experience of politics. Because of their fresh start,
they are not nexus with any political party, even political parties donot given them
the chance, fearing their less experience and nil knowledge. Only those women,
whose family is already involved in politics, or those women who are actively
involved in welfare activities, self-help groups etc. have an edge.

The case of “sarpanch pati”: after the 73rd constitutional amendment

offering 33% reservation for women, women from villages have been pushed into
the political arena by their husbands, family members or dominant classes. In this
period a new custom or culture has evolved called Sarpanch Pati. It is an illegal
practice that makes husbands of the woman Panchayat leaders substituting for
their wives, who are duly elected. They are just titular heads while their husbands
ruin the show. Governments have taken cognizance of this newly evolved illegal
custom/culture. Prime Minister Narendra Modi has also taken a strict view against
this practice. The governments and courts want to ensure that women
representatives be allowed to discharge their public duties without any
interference or hindrance from their husbands or relatives. Many state
governments have initiated legal action against such non-objecting women
representatives by suspending.

In an astonishing story, Santoshi Bai of Kawardha district, she handed

over her sarpanch powers to her nephew. Santoshi bai was elected for the first
time as Sarpanch of for Gangibarha Gram Panchayat. She wrote an affidavit
handing over all her duties and works and powers to her nephew Mr. Kaushal
Nishad. Citing her busy house hold chores as a reason, she delegated her
responsibilities to her nephew. She further stated that it was difficult for her to
handle the public works and execute the various government schemes, so she gave
Power of attorney to her relative, saying that he was a credible man. After coming
to know of her irresponsible attitude, the Sub-Divisional magistrate cancelled her
election and suspended her form the post of sarpanch. She was also served a
show-cause notice to explain her actions.

In another shocking incident of failure of knowledge of law, Hemanth

Kumari from Chattisgarh contested elections after the State made 50% seats
reserved for women in Panchayat Raj Institutions. She got elected and became
Sarpanch. She later authorised her husband to take over her Panchayat works. She
made a notarised Power of Attorney on Rs.50 Non-Judicial Stamp paper,
authoriseng her husband Ballu Ram Dewangan to take all decisions on behalf of
her. When the villagers got to know that she “legally” delegated her works to her
husband, a complaint was registered against the woman sarpanch. Hemanth
Kumari stated that, she was less mobile than her husband and further added that
her husband was more capable than her to carry on the role and responsibilities the
sarpanch post has given her. The District Collector Sri Thakur Ram Singh said
that a show cause notice was issued to her seeking explanation for her misconduct
and an inquiry was ordered. The woman sarpanch was suspended.64

The amended constitution has enabled a broad change in the Indian

political structure. A study by Narendra Kumar and Manoj Rai concluded that:

(1) The emergence of political parties like Bahujan Samaj party and other dalit
political parties have initiated a change in the political game. These parties being
game changers shifted the command of political structure which was of- late in the
hands of rich upper classes and landowners into the hands of educated and
upwardly mobile Dalit leaders.

(2)The constitutional amendments have decentralized the governance, thus

making the villagers directly involve in local administration. This gave access to
Dalits and dalit women to the rural power structure

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(3) The Dalit leaders and women representatives have become responsible and a
slow shift is observed even in the attitude of other communities who are now more
considerate.

It is further studied that the affirmative quotas have changed the picture of
rural politics, ushering the marginalised sections into the main stream politics:

(1) Reservations in Panchayati Raj institutions have acknowledged the Dalit

women’s participation;

(2) with changing times, it became essential for the non-dalits also to change their
attitude and thinking process, this shift is boosting the confidence of dalit women
in panchayats;

(3) The Dalit women representatives have started acquiring the recognition and
assistance within the Panchayats and from the local community;

(4) The active participation of Dalit women is still limited. Due to the rural
thinking and way of life, women are yet to break more boundaries. They are still
not taken seriously. This needs to be shaken off.

(5) Not all Dalit women representatives take significant role in meetings,
discussion and are not able to add up to the valuable local governance and
development. Only 1/3rd of these women representatives are free and independent
to prove their mettle and implement their thoughts.

5.10 Diverse Factors

So, what are the diverse factors that challenge the effective participation of
Dalit women in Panchayat elections? :

(1) Education backwardness: majority of Dalit women and families are

uneducated, illiterate.

(2) Nil or less Experience, knowledge: due to backwardness and illiteracy,

they neither have proper knowledge nor experience to take a lead or
compete.

(3) Economic Backwardness, financial dependence: Dalits, having been

oppressed have no financial backup or stability. Most of them do not even
own agricultural lands. They work as agricultural labourers in the fields of
 dominant and rich class people. So, in order to fend themselves, they
depend on the dominant classes for livelihood and employment.

(4) Cultural thinking: since centuries, the Dalits have been working for the
upper castes, so, it is inhibit in their attitude to obey the upper castes, abide
by their words. This culture of mental dependence brings a kind of
hesitation in their minds to contest against their earlier owners, employers
and a kind of fear to participate in elections.

(5) Discrimination and lack of Support: discrimination on the basis of caste,

class and gender have already disrupted the dreams of Dalits, however,
lack of support form the other villagers, same community members and
family members hinder their prospects.

(6) Unfair social system and caste based humiliation puncture the confidence
of the aspirants.

(7) Mistrust and disbelief: Reservations alone is not the solution. A seat may
be reserved for the Dalit woman, but the aspirant should have the courage
to sit on it apart from having trust and belief on her own self to command
the respect. As the saying goes, you can take the horse to the lake but can’t
force water down its throat. So, government can provide reservation,
ensure support and help though aid, but the Dalit woman should be brave
enough to fight the odds. Unless they themselves do not come forward to
avail the benefits of such reservation, it would be of no help.

(8) Lack of Administrative support: it is seen that the local administration and
authorities have to be of total support to these contestants and winners.
Every kind of training, aid and assistance should be provided to the
women representatives. But the system failed the winners, no such unfazed
support has been rendered to the Dalit women representatives. Further, the
prejudiced behaviour of officials makes things worse.

(9) No Quick police action: in case of any untoward incidence, the police
should swiftly swing into action and protect the rights and lives of the
Dalits. It is observed that many times many complaints have been lodged,
but no action is initiated by police and local authorities against the
culprits, which in turn boosts the chauvinism of the culprits. Though FIRs
 are lodged, they are simply an eye wash, nothing concrete shapes up.
Many times in order to take revenge or thinking to show the Dalits their
original place, the upper castes have taken to violence and abuse of Dalit
women. As we have already seen earlier, in order to prove their machoism
and their heavy headedness, either these women representatives have been
verbally and physically abused, raped, or their families and houses burnt,
or their husband murdered, family threatened. This fear should be
removed, failing which even those who dared to step out, will ultimately
return to the four walls.

(10) Failed Judiciary: Many times justice delayed is justice denied. The
judiciary has many pending cases before it, unresolved cases create unrest
among the victims. Judiciary has been deeply buried in stacks of files.
Recently the Supreme Court tried to dilute the Prevention of Atrocities
Act, though it did not see light due to timely intervention of government.

There lies no doubt that both central and state governments have been
making numerous developmental efforts , but , the intrinsic family, orthodox
culture and divided communities together have created a difficult atmosphere for
the dalit women representatives to move forward. These factors are proving to be
stumbling blocks in the effectual functioning of these members in Gram
Panchayats. Dalit women have some traditional inhibitions because of which they
are not able to discharge their functions properly in Gram Panchayats. Their
domestic and family responsibilities forced them to remain within the four walls
of their house and kept them busy with their personal lives. It is seen that even
now, women leaders are accompanied by their male relatives to meetings,
campaigning, discussion etc. these male relatives take charge of the
responsibilities and duties of the sarpanch. It is they who take decisions reducing
the women into name sake leaders. The shy and hesitant women leaders prefer
their husbands or male relatives to act on behalf of them. Lack of financial
knowledge, lack of accounts, transactional knowledge and infrastructural
awareness contributes to their poor performance. The indifference and prejudiced
behaviour of administrative officials adds up to the ill-performance of Dalit
women Panchayat leaders. It is general notion that women are weak in taking
decisions and dealing with administrative work. The minds of men are sown with
the idea of incapability of women. So women are stigmatized as worst performers
by the villagers and other officials and people are of the notion that they do not
know anything. So they are forced to either take a back seat by handing over the
reins to men or to relinquish their seat by making it difficult for them to take up
any work or by passing no- confidence motion against the women and dalit
women leaders.

The idea of Positive discrimination and affirmative action in this regard by

law makers to bring the dalits and dalit women into the main stream is a well-
played game. More and more dalit women representatives are becoming
politically aware overtaking the dominant classes. However, a mere representation
of dalit women in Panchayati system does not necessarily confer the actual
authority in them. Time and again reservation has only proved that they are a
means and not the end in itself. Though there is an increase in representation of
dalit women in political forums, yet it will not automatically lead to their
empowerment.

It is quite important to understand the judgment of five-judge Constitution

bench comprised of Justices Ranjan Gogoi, N V Ramana, Mohan M
Shantanagoudar, S Abdul Nazeer and R Banumathi. The bench unanimously held
that ‘a person who is a member of Scheduled Castes/ Scheduled Tribes in his
original state, will be entitled to all the benefits of reservation under the
Constitution in that state only, and not in other states/union territories and not
entitled to the benefits of reservation in the migrated state or union territory’ 65.
This is a landmark judgment that reiterates the constitutional provision. However,
it has a dark shade on the other side. It becomes a challenge to many.

Dalit women are now fighting for their political rights and power. After
the 73rd Constitutional amendment it is mandated that certain seats are reserved
for the Scheduled Castes and Tribes, women. Does that mean that earlier women
and Dalit women were not contesting elections? No. They were participating but
only those women who were associated in social reforms, educated, backed by
great leaders or from elite families. It was hardly negligible. However, now it is
an affirmative action taken by the government to push more and more women into
political circle. Dalit women who contested Panchayat elections have been elected
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into local self-governance and this reservation policy helped them to get
nominated as the President of the lowest, smallest, grass root level self- governing
units called Panchayats. However, their new adventure has been met with
violence, abuse, humiliation, rape, murder, threats. Dalit woman Sarpanches are
not allowed to enter intot he Panchayat office, not allowed to occupy the
President’s chair, not allowed to attend or conduct meetings, not allowed to
transact. If she wants, for name sake can be called the Village head, but reduced to
a rubber stamp, with proxies and benamis taking over her rights and duties.

As stated by Mr. Pradip Kumar Nayak, Project Director, DRDA: “Dalit

women leaders are able to understand their roles and responsibilities in
Panchayats, however, but their numbers are very sporadic.” He stresses that even
now, in many areas women Sarpanchs are still overpowered by their husbands or
other male members of the family. Further, husbands or male relatives of Dalit
women leaders are seen attending meetings and enquiring about various schemes.
He states that, “lack of education and understanding of budgeting and planning
creates hurdles in the path of implementation of Government schemes. If there
will be minimum educational qualification, say for example matriculation, fixed
for the Sarpanchs, it will help them in better implementation of schemes.”

Dalit women who dared to contest and win Panchayat elections were
pressurized and forced to resign from their posts, making a mockery of the
mandatory affirmative quota system that was reigned in to politically empower the
oppressed classes.

In the political process the upper castes directly sponsor funds for elections
by putting up a dalit daily wager woman, who works in their fields for Panchayat
elections. Whenever there is a seat reserved for scheduled castes, these dominant
class men become active and field their labourer as a contestant. This poor
labourer is expected to be pliable, gullible and loyal to her owner or employer.
Once she is elected, she would take a back seat while her sponsor takes the reins
of the power.

It is said that, among the number of human rights of the Dalit women,
political participation is one among them. Participation of Dalit women in
Panchayati Raj elections enables them to experience their basic human rights. It is
quite challenging for Dalit women to fight caste, class & gender discrimination.
Political voice and decision-making power of dalit women representatives, with
regards to basic services, economic development and social justice are important
factors in challenging and transforming structural discrimination of Dalit women
that they are put to since many decades. These political participation enables Dalit
women to realise their fundamental rights. The state should guarantee Dalit
women’s political voice and development. It is the duty of the non-state actors
equally to respect and support the Dalit voices. There needs to be a sea of
transformation both in government and non-government institutions in ensuring
women’s empowerment through political participation. The 73rd constitutional
amendment has stirred a social revolution handing over an effective tool in the
hands of the depressed classes to claim and fight for their equal rights. It is to be
remembered that a formal authority does not equal the political power. As per the
study of International Journal of research and Science, men overtake woman
representative’s public duties, barring them to attend any meetings, owing to the
her low levels of literacy, lack of knowledge and experience to take decisions.
Women leaders’ views are ignored just because she is a woman. Reservation is an
impetus to women empowerment, but not a guarantee for participation

According to reports, only a third of the total Dalit women representatives

could act independently, without pressure in Panchayat elections. Women
Panchayat leaders, being socially, educationally, financially backward, are
overpowered by dominant classes. Further, in order to enforce the reservation
policy effectively and exercise the empowerment, there needs to be adequate
government official monitoring and police protection of Dalit candidates. There
should be absolute support of administration to ensure free and fair elections. Also
there need be encouragement, trust and support from the government officials,
district officials to ensure smooth transactions in the Panchayats run by Dalit
women leaders.

The requisite amendment in the constitution was made to percolate the

administration into village level, the grassroots of governance. The said
amendment was also to facilitate empowerment of the depressed classes, viz.,
women, Dalits and scheduled tribes. However, our study reveals that in spite of
such attempts , the real success could not be achieved, due to the tactics of the
dominant classes, politics of the political leaders and attitude of the people both
upper and lower castes. Above all there is administrative failure that is not
allowing the policies to see the light.

Upon the failure of the administration, another shock that has been given
to the dalit women and women in general to participate and contest Panchayati
elections is deferring all the efforts that have been put till now. The State of
Rajasthan has amended its law and made some inclusions and exclusions in
Panchayati Raj Act. The Act stated that any prospective candidate had to meet the
following requirements in order to be eligible for contesting Panchayati elections:

1. The candidate should have ‘a functional sanitary toilet in the house.’

2. The candidate should have cleared Class X to become a member of a Zila

Parishad or Panchayat Samiti.

3. The candidate in order to run for sarpanch post should have cleared Class
V if contesting in a scheduled area, and Class VIII if in a non-scheduled
area.

These amendments have more than devastated the dreams of many

participants, both male and female. The above changes disqualified many Dalit
women from contesting elections.

These amendments were also made in Haryana, where few other conditions were
also listed like:

-- Failure to pay arrears to the agricultural co-operative society

-- Failure to repay bank loans

-- Failure to clear electricity bills etc

-- Criminal cases framed against a person for offences punishable with

imprisonment for not less than ten years,

would disqualify the candidate.

Many women and dalit sarpanches have been disqualified from contesting
elections. Norti Bai, Preeti Singh are a couple of examples. Speaking about her
disqualification Preeti Singh stated that, though she did not have formal education,
but had enough work experience. She challenges that even a person with PhD will
also not have same knowledge as she has. She further stated that, owing to
disqualification, many people are producing fake certificates. Mrs. Norti bai, a
first Dalit woman sarpanch of Harmara village, an illiterate, labourer, created
history. She got herself trained in computer skills, became literate, setup computer
training centres for villagers, got them educated, built a hospital by fighting land
mafia, planted more than three thousand saplings. Even such a successful
sarpanch could not re-contest elections due to the changes made to the Panchayati
Raj Act. Speaking in a discussion held by National law University, she said that:
“I got my rights for five years, and then they got taken away. In those five years,
many women had started asking questions of the establishment. They have been
let down. If we can manage the home, we can absolutely take part in the political
process.”

It was Dr. Ambedkar’s struggle that helped comprise the Panchayats as the
basic administrative units in the otherwise federal form of government. As per the
Nehruvian thoughts, Panchayati raj institution, would uproot the rigid and
discriminatory caste structure that hovered India. The rural local self-governance
was expected to shift power and authority from the hands of dominant classes,
land owners to a milder minded sections. It would create a middle path, bringing
broad change in the Indian polity.

5.11 Judicial Decisions

Dalit reservations have faced many challenges, many landmark cases have
time and again reiterated that the main idea of reservation was to provide the
marginalised sections with an equal opportunity and added resources. The
Appellate courts, through their decisions have stressed that the Constitution is the
ultimate law and saviour of all the citizens guaranteeing equality and justice.

5.11.1 Indra Sawhney v. Union of India 66: The main take away of the Preamble
and Constitution is the equality that is guaranteed to all its citizens. In the path of
creating an egalitarian society, demolition of the caste system is the most avowed
mission. Governments have created various affirmative action policies to
eradicate caste and support the social mobility of backward classes. Reservation
policy is the main tool used in this process. Backward classes and oppressed

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AIR 1993 SC 477, 1992 Supp 2 SCR 454
classes have been gifted with reservations in educational institutions, public
employment.

The Janata Dal government under the Prime Ministership of Shri MorarJi
Desai has set up a Commission to study the factual situation of the backward
classes, their social status, in the year 1979, headed by B.P. Mandal, also called
the Mandal commission. The commission submitted its report in 1980. It
recommended 27% of reservation for these backward classes. However, the same
could not be implemented due to the fall of the Janata Dal Government. But later
when Janata dal re4vived, Mr. V.P. Singh implemented the recommendations
leading to immense protests. A Public Interest Litigiation was filed before the
apex court which gave a landmark judgement:

 Court upheld the validity of 27% reservation by recognizing socially and

economically backward classes as a.

 Apex court introduced the concept of ‘creamy layer’ through this judgment.
Those among the backward classes who transcended social backwardness
were to be excluded from the reservation system.

 The judgment capped reservation to 50% observing that economic, social and
educational criteria were needed to define backward classes.

 Reservation for backward classes (which include OBCs and SCs & STs)
should be confined to initial appointments and that it should not be extended
to promotions.

5.11.2 M. Nagraj v. Union of India67: The Supreme Court in M. Nagraj v. Union

of India 2006 case while upholding the constitutional validity of Art 16(4A) held
that any such reservation policy in order to be constitutionally valid shall satisfy
the following three constitutional requirements:

o The SC and ST community should be socially and educationally backward.

o The SC and ST communities are not adequately represented in Public

employment.

o Such a reservation policy shall not affect the overall efficiency in the
administration.

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 Further, the Supreme Court also held that, the quantifiable data showing
backwardness of the SCs and the STs collected by the State is invalid as it was
contrary to the findings arrived at by the nine-judge bench in Indra Sawhney v.
Union of India. The apex court primarily held that, as held in Indra Sawhney case
that, test or requirement of social and educational backwardness cannot be applied
to SCs and STs, who undoubtedly fall within the expression “backward class of
citizens”.

5.11.3 Dr. K. Krishna Murthy Vs Union of India68

The petitioner argued on contentious issues as following:

(i). Whether Article 243-D(6) and Article 243-T(6) were constitutionally valid
since they enabled reservations in favour of backward classes for the purpose of
occupying seats and chairperson positions in Panchayats and Municipalities
respectively?

(ii). Whether Article 243-D(4) and Article 243-T(4) were constitutionally valid
since they enabled the reservation of chairperson positions  in Panchayats and
Municipalities respectively?

  The learned counsel for the petitioner argued that the provisions which
were inserted into the Constitution by way of the 73rd and 74th Constitutional
Amendments, were violative of the very principles off constitution such as
equality, democracy and fraternity, which are part of the ‘basic structure’ of the
constitution.

The Apex Court gave the following conclusions:

(i) The nature and purpose of reservations with regards to local self-government is
different from that of education institutions and public employment. Articles 243-
D and Article 243-T form a distinct and independent constitutional basis for
affirmative action and the principles that have been evolved in relation to the
reservation policies enabled by Articles 15(4) and 16(4) cannot be readily applied
in the context of local self-government.

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(ii) Article 243-D(6) and Article 243-T(6) are constitutionally valid since they are
in the nature of provisions which merely enable State Legislatures to reserve seats
and chairperson posts in favour of backward classes.

(iii) it is the responsibility of the State Legislations to conduct a rigorous

investigation into the patterns of backwardness that act as barriers to political
participation which are quite different from the patterns of backwardness with
regards to education and employment.

(iv) The upper ceiling of 50% vertical reservations in favour of SC/ST/OBCs

should not be breached in the context of local self-government.

(v) The reservation of chairperson posts in the local self-governance under Article
243-D (4) and 243-T(4) is constitutionally valid.

5.11.4 Pawan Kumar & others Vs. State of Haryana & others:69

The petitioners here have challenged the reservation of seats for the post of
Sarpanches for the Scheduled Caste men and women under the Haryana
Panchayati Raj Act, 1994 in the Panchayati elections held in the year 2010.

The petitioners argued that, some villages with considerable population of

Scheduled Castes have never got the post of Sarpanch reserved, while in some
other villages the post of Sarpanch has been reserved successively for three
elections.

The petitioners argued that, the reservation for the post of Sarpanch has to
be rotated among all the villages starting with the village which has the highest
percentage of Scheduled Castes in the first election.

The Supreme Court after a combined reading of the arguments put out by
the petitioners and respondents observed that, “the principle of rotation has been
super-scribed on the principle of reservation so as to obviate the possibility of the
office of Sarpanch of a particular village either being reserved in perpetuity
despite there being a size-able number of general category voters in the said
village or, being not reserved in perpetuity despite there being a size-able
percentage of SC persons in a village.”

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 Further, the number of offices that are to be reserved in favour of
Scheduled Castes and Tribes is to be determined based on the proportion of
population belonging to Scheduled Castes and Tribes categories and the total
population of the State.

5.11.5 Leena Kanwar Case, Rajasthan: The High Court of Rajasthan

revoked the suspension of Leena Kanwar:

The Rajasthan State’s Panchayati Raj Department ordered to act against

the women sarpanches if their husbands or family members are found to be
involved in the Panchayat work. As per the Rajasthan Panchayati Raj Act, “if any
interference by husband or relatives of an elected woman representative is found
in the public works and duties, that should actually be performed by the woman
representative herself, and without objection from her, then action would be
initiated against such woman representative Under Sec. 38 of the said Act leading
to suspension or removal of such woman representative. Further action will also
be initiated against her husband or relative too.” Also, the order states that, if any
Government official is encouraging such actions of the woman representatives,
then even they shall be punished accordingly.

Smt. Leena Kanwar is the Sarpanch of Palada Panchayat of Nagaur

District. It was found that her husband was conducting all the Panchayat meetings
instead of the actual Sarpanch Leena Kanwar and he interfered in the works of the
Panchayat. He was conducting meetings pertaining to the Covid-19 issues and
even admonished the governemetn officials. So action was initiated by the district
officials suspending her from the post of Sarpanch.

The Chief Executive Officer of Nagaur Zilla Parishad stated that, the
directions of the government suspending Mrs. Leena Kanwar were in pursuance
and compliance of the High Court’s observation that the women leaders be
ensured of conducting their official duties.

However, Mrs. Leena Kanwar challenged the orders of the District

officials stating that she was new to the post. The Hon’ble High Court taking
cognizance, ordered that thhe suspension be revoked. It also observed that the
punishment was very harsh.
 According to the district officials, it is the responsibility of the woman
sarpanch to discharge her duties by herself and not allow her husband or any other
relative to disrupt or take over her public duties. In case if she finds that any such
disruptions being caused, she has to object the same and lodge a complaint against
any such interference.

Mrs. Leena Kanwar has been reinstated to her post after the High Court’s order.

5.11.6 Rajbala and otherrs Vs State of Haryana and others70:

The petitioners challenged the constitutionality of the Haryana Panchayati

Raj (Amendment) Act, 2015. The amended Act disqualified the below people
from contesting Panchayat elections: (i) persons against whom charges are framed
in criminal cases for offences punishable with imprisonment for not less than ten
years, (ii) persons who fail to pay arrears, if any, owed by them to either a Primary
Agricultural Cooperative Society or District Central Cooperative Bank or District
Primary Agricultural Rural Development Bank, (iii) persons who have arrears of
electricity bills, (iv) persons who do not possess the specified educational
qualification and lastly (v) persons not having a functional toilet at their place of
residence.

The last two conditions, ie basic education and compulsory functional

toilets in house have taken many people by shock. It si learnt that most of the
villagers do not have basic education, most of them are illiterate. Further, even
after the push from the central and state governments, after availing financial
assistance for constructing toilets, many villagers failed to comply.

Based on these amendments, many sarpanches were disqaulaified and

many prospective candidates were disqualified to contest elections.

In this regard, the Supreme Court has said that71:

 It is necessary that the elected representative must have some educational

background to enable him/her to effectively carry out the functions
assigned to Panchayats in Part IX of the constitution.

 No one can dispute that education is must for both men and women as both
together make a healthy and educated society. It is an essential tool for a
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 bright future and plays an important role in the development and progress
of the country.

 The provision of having functional toilets is enacted essentially in the

larger public interest and is indeed the need of the hour to ensure its
application all over the country and not confining it to a particular State.
Moreover, the State having provided adequate financial assistance to those
who do not have toilet facility for construction of toilet, there arise no
ground to challenge this provision as being unreasonable in any manner. 

The Hon’ble Judge Mr. Chalameshwar stressed how open defecation is a

“notorious fact” and a rampantly unhealthy practice in India. He also added that
there is nothing “irrational or illegal or unconnected” if the law prescribes
minimum educational qualification for candidates

The Supreme court dismissed the petitions and upheld the Haryana
Panchayati Raj (Amendment) Act, 2015. The apex court said that basic education
is the need of the hour and having functional toilets is for larger public interest.

5.11.7 Javeed Vs. State of Haryana72:

Aanother landmark judgment pertaining to Panchayati raj elections is

Javed V. State of Haryana.

As per the Haryana Panchayati Raj Act, a person having more than two
living children was disqualified from holding any offices in Panchayats. The
objective of such provision was to promote family planning. Among many other
conditions, having more than two children had become a hindrance and many
candidates were disqualified on this basis. In this particular case, the petitioners
and appellants were disqualified from holding an office in Panchayat due to the
reason that they had more than two children.

The petitioners approached the Supreme Court stating that the provisions
of the impugned Act were arbitrary and violative of Article 14 of the Constitution.
They further said that it was discriminatory, adversely affecting the personal
liberty so violative of Article 21, Right to Life. lastly the petitioners also
submitted that it was interference of the State in religious matters and thus violate
Article 25 of the constitution.
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 The Hon’ble Court viewed that, “The right to contest an election for any
office in Panchayat is neither fundamental nor a common law right. It is the
creature of a statute and is obviously subject to qualifications and disqualifications
enacted by legislation”

Also, “If anyone chooses to have more living children than two, he is free
to do so under the law as it stands now but then he should pay a little price and
that is of depriving himself from holding an office in Panchayat in the State of
Haryana. There is nothing illegal about it and certainly no unconstitutionality
attaches to it.73”

The Court upheld the provision, as it was a provision in public interest.

The PIL indirectly promoted family planning in India even though the judgment
did not do anything to evaluate it critically.

II. SPECIAL ANALYSIS OF PANCHAYAT RAJ SYSTEM IN

ANDHRA PRADESH

According to a study by Komraiah Palamakula regarding “The

Performance of Tribal Sarpanches in Andhra Pradesh”: The State of Andhra
Pradesh has 33 tribes classified as Scheduled Tribes. According to the Census,
2001, the total population stands at 5,024,104 in AP. Most of these tribal people
are inhabited in the forest ranges and ghats of the districts of Srikakulam,
Visakhapatnam, East Godavari, West Godavari, and others. These tribes have
very low literacy levels, and most of them still live in a subsistence economy.
These people are subjected to land theft, indebtedness and bonded labour.
However, due to changing times, these tribals are becoming aware of their rights
and getting organized into committees and associations to fight for their rights and
protection of their forest resources. These people are also fighting to protect their
culture, customary rights.

According to the 2001 census, the combined state of Andhra Pradesh was
home to 33 recognized Scheduled Tribes with an estimated population of about
5,024,000. Apart from the tribals like the Yerukala, Yanadi, and Lambada living
in the plains areas, there are tribals who live in the hills and forest tracts of the
costal districts and Telangana region. The reservation system through the
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constitutional amendments has paved the way for the entry of women into the
political system mainly within the Panchayati raj system. After bifurcation of
Andhra Pradesh, Elections were held in 13,097 gram panchayats. The PESA has
been extended to Andhra Pradesh, which aims to enable tribal communities to get
involved in decision making, protect their traditional rights, customs and culture,
protect and enforce their rights over natural resources and shape their own
development. It is mandatory under PESA, Andhra Pradehs that, the Gram sabha
has to meet twice in a year.

The State of Andhra Pradesh has earmarked 50% seats as reserved for
BCs, SC/ST etc. by a law enacted by the State Government:

5.12 Andhra Pradesh (50 Percent Reservation to BCs, SCs, STs and
Minorities in all the Nominated Posts) Act, 2019: (Act No. 24 of 2019)74

Clause (3) of the Act provisions for:

(3) Reservation. – “There shall be 50 % Reservation to BCs, SCs, STs and

Minorities in all the nominated posts in all the Corporations /Agencies/
Bodies/Boards/ Societies /Committees functioning under all the Administrative
Departments of the State of Andhra Pradesh,-

(i) There shall be 50 % Reservation to BCs, SCs, STs and Minorities in

respect of all the nominated posts of Chairpersons in all the Corporations /
Agencies / Bodies / Boards /Societies / Committees, functioning under all
the Administrative Departments of the State of Andhra Pradesh;

(ii) There shall be 50% Reservation to BCs, SCs, STs and Minorities in
respect of all the nominated posts of Directors/Members in all the
Corporations / Agencies / Bodies / Boards / Societies / Committees,
functioning under all the Administrative Departments of the State of
Andhra Pradesh;

(iii) There shall be 50% Reservation in the Nominated Posts of Directors/

Members in Every Corporation/Agency/Body/Board/ Society/ Committee,
as a Unit;

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 (iv) There shall be a minimum of 50% reservation for women out of the
reservation earmarked for BCs, SCs, STs & Minorities in their respective
Reservations in the nominated posts;”

While the clause (3) specifies about reservation for Different communities
and castes, in different departments across posts, clause (4) specifies about the
percentage earmarked for the nominated posts.

Clause (4) of the Act provisions for:

(4) Earmarking. – “The 50% reservation to BCs, SCs, STs and Minorities in
nominated posts shall be apportioned as follows:”

Sl. No. Category Percentage of Reservation

1. BCs & Minorities 29%
2. SC 15%
3. ST 6%
TOTAL 50%
Table 8.1 Percentage of Reservation in AP

Source: Bare Acts Live

5.13 SC nod for quota within quota gives new hope:

The State of Andhra Pradesh has been bifurcated in the year 2014 into
Andhra Pradesh and Telangana. It has been reported that, before bifurcation of the
state, there were protests and agitations demanding sub-classification of
Scheduled Castes to guarantee the upliftment of the deprived sections.

The Supreme Court’s recent ruling in favour of ‘quota within quota’ for
the Scheduled Caste communities has reignited hope among those fighting for
sub-categorisation of the SCs in the Telugu states of Telangana and Andhra
Pradesh to ensure equitable distribution of the reservation benefits. The fight was
to provide preferential treatment to the more deprived sections of the already
deprived Scheduled Caste people. The agitation was started by the Madiga
Community of Scheduled castes for the reasons that, they were being cornered by
the rich and more prosperous section of the Scheduled castes i.e. Malas. The main
grievance of the Madiga Community was that, the Malas were comparatively far
more educated and prosperous section with greater political representation, who
relished higher percentage of the quota benefits for decades.

The Supreme Court took an affirmative view of the issue. While the Apex
court favoured the sub-classification of Scheduled castes, it ruled that, “the state
governments were entitled to decide on the categorisation and fix the quantum of
quota within quota.” A five-judge Constitution Bench of the apex court ordered
that, the states can make the sub-classification of Scheduled Castes (SCs),
Scheduled Tribes (STs), and Socially and Educationally Backward Classes
(SEBCs), to provide preferential treatment to the deprived sections among
themselves “to achieve the real purpose of reservation.” The positive order from
the Apex Court served as a relief to people belonging to the less deprived among
Scheduled Castes who could not avail reservation benefits despite being eligible.

In the words of Justice Arun Mishra, who headed the Constitutional 5-

Judge Bench ruled that: “When the reservation creates inequalities within the
reserved castes itself, it is required to be taken care of by the State making sub-
classification and adopting a distributive justice method so that State largesse does
not concentrate in few hands and equal justice to all is provided. It involves
redistribution and reallocation of resources and opportunities and equitable access
to all public and social goods to fulfil the very purpose of the constitutional
mandate of equal justice to all.”75

Keeping in view the orders of the Apex Court, the Central Ministry of
Social Justice and Empowerment then constituted a commission, headed by Smt.
Usha Mehra, a former judge of the Delhi High Court, to enquire into the demands
for quota in quota. The Commission also favoured restoration of classification of
Scheduled Castes to meet the State-specific demand. The commission further
advised that there needed a constitutional amendment for the same. The advice
and report of the commission as put before the National Commission for
Scheduled Castes by the Social Justice ministry. However, there hasn’t been any
progress in this regard.

5.13.1 Dr. O.P.Shukla Vs Union of India and others.76:

The following submissions and observation were made in the said case:
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Delhi High Court, 31st August, 2009
"In the State of Andhra Pradesh, Relli and Madiga together form 50.21% of the
Scheduled Castes whereas Mala and its allied castes form 42.78% of the
Scheduled Castes, but Mala and its allied castes are enjoying 70% representation
in Class I and Class III posts in the State Services. The population of Scheduled
Castes and their representation in various institutions as per census 2001 as
informed by various organizations in their representations is indicated hereunder
in the following tables:

77

*Table 8.2: Population of Sub-castes in SCs

*Source: Bar & Bench

Given below are the tables depicting the percentage of various sub-castes under
the Scheduled castes population in Andhra Pradesh:

78

Table 8.3: Percentage of SC-Sub castes in State Public Sector Undertakings

Source: Bar & Bench

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 79

Table 8.4: Percentage of SC-Sub castes in Local; Bodies

80

Table 8.5: Percentage of SC-Sub castes in Educational institutions

Table 8.6: Percentage of SC-Sub castes Secretariat

81

Table 8.7: Percentage of SC-Sub castes in IPS cadre

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 82

Table 8.8: Percentage of SC-Sub castes as Deputy Collectors

83

Table 8.9: Percentage of SC-Sub castes as Magistrates

It is also reported in the Dr.O.P. Shukla case that: “State of Andhra

Pradesh after going through the report of Justice Ramachandra Raju 'Commission,
felt it necessary for the purpose of giving full effect to the provision of
reservations, categorized Scheduled Castes into four categories i.e. A, B, C & D
keeping in view, their common profession, social set up, backwardness etc. State
realized that the Scheduled Castes who have achieved benefits and gained means
to develop their capability can only on the basis of their original birthmark, not be
equated with those who though included in the Presidential List are yet deprived
of these means and capabilities and in fact have become unequal vis-a-vis the
former. Therefore came to the opinion that categorization was justified…"

5.13.2 Andhra Pradesh Government Office Ms. No.3 dated 10.1.2000

The Andhra Pradesh Governement has ordered reserving 100% quota for the
Schedueld tribes in the Scheduled areas. On Appeal, the Hon’ble High Court of
AP has upheld the government’s decision

5.13.3 CHEBROLU LEELA PRASAD RAO & ORS. Vs
STATE OF A.P. & ORS84.

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. Mr. Chebrolu Leela Prasad Rao and others filed a civil appeal before the
Supreme Court, which was pleased to pass judgement against 100% reservation
for the Scheduled Tribes in primary schools located in the Scheduled Areas. This
again caused a debate over the protection given for the tribals in the scheduled
areas Fifth Schedule of the Constitution.

It is reported that85, the five-judge constitution bench led by Justice Arun

Mishra struck down the Andhra pradesh government’s order, which had provided
absolute reservation for the tribals for teaching jobs in the scheduled areas of the
state. The Supreme court reiterated the Indra Sawhney vs Union of
India judgement, capping reservations at 50%. The five-judge constitution bench
interpreted its judgement prospectively but not “retrospectively” and held that “the
existing appointments made in excess of 50% reservation shall survive but shall
cease to be effective in the future, providing relief to the tribal teachers who have
already been appointed.”

5.14 Andhra Pradesh, G.O.No. 176:

The Andhra Pradesh Governement passed a G.O. reserving 59.85% quota

to the Scheduled Castes, Scheduled Tribes, and Other Backward Classes in the
local body elections of the state86. The reservation was in the below percentage:

i) 34 per cent for OBCs,

ii) 19.08 per cent for SCs and

iii) 6.77 per cent for STs.

8.7.1 Birru Prathap Reddy vs The State Of Andhra Pradesh87:

A Public Interest Litigation was filed by Mr. Birru Prathap Reddy agasint
the Government’s order. The Hon’ble High Court of Andhra Pradesh, dismissed
the government order. The division bench of the high court, headed by Hon’ble
Chief Justice of AP High Court Sri Jitendra Kumar Maheshwari and Judge Naina
Jayasurya, held that: “the total percentage of reservation in the local body polls
should not exceed 50 per cent, as per the Supreme Court order”. Further the High

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Court of AP ordered the government to: “reallot the reserved percentage to
marginalized sections by keeping in mind that it cannot go beyond 50 per cent.”

5.15 The Andhra Pradesh State and Subordinate Service Rules, 1996:

The above Rule was amended in the year 2018, based on the Supreme Court’s
judgment in Rajesh Kumar Darla Vs Rajasthan Public Service Commission as:
"In the matter of direct recruitment to posts for which women and men are equally
suited, there shall be reservation to women Horizontally to an extent of 33 1/3%
of the posts in each category of Open Competition, Backward Classes (Group-A),
Backward Classes (Group-B), Backward Classes (Group-C), Backward Classes
(GroupD), Backward Classes (Group-E), Scheduled Castes, Scheduled Tribes and
Physically Handicapped and Ex-servicemen and Meritorious Sportsperson quota".

It is pertinent to note that, the Hon’ble Supreme Court in Rajesh Kumar

Darla Vs Rajasthan Public Service Commission held as follows: - “Social
reservations in favour of SC, ST and OBC under Article 16(4) are ‘vertical
reservations’. Special reservations in favour of physically handicapped, women,
etc. under Articles 16(1) or 15(3) are ‘horizontal reservations’. Where a vertical
reservation is made in favour of a Backward Class under Article 16(4), the
candidates belonging to such Backward Class, may compete for non-reserved
posts and if they are appointed to the non-reserved posts on their own merit, their
number will not be counted against the quota reserved for the respective
Backward Class.”

5.16 Andhra Pradesh Panchayat Raj (Reservation of Seats and Offices of

Gram Panchayats, Mandal Parishads and Zilla Parishads) Rules, 2001

As per the rules laid down by the AP government for reservation of offices
and seats in Panchayati Raj Instituions, in every district the reservation of seats
shall be in accordance with these rules.

I. Part – I: Gram Panchayats,

a) Members of Gram Panchayat

4. (1) “The Revenue Divisional Officer shall in respect of each Gram Panchayat in
his jurisdiction determine in the first instance, the number of wards to be reserved,
in the Gram Panchayat concerned, for the members belonging to Scheduled Tribes
and the Scheduled Castes subject to the condition that the number of wards so
reserved shall bear, as nearly as may be, the same proportion to the total number
of wards to be filled by direct election to the Gram Panchayat as the population of
Schedule Tribes or as the case may be, of the Schedule Castes in that Gram
Panchayat bears to in total population of that Gram Panchayat, subject to the
condition that the Revenue Divisional Officer shall, in the Scheduled Areas,
allocate not less than one half of the total number of seats of each Gram Panchayat
for being reserved for Scheduled Tribes.”

4(3) (a) “Where the reservation for Scheduled Tribes, Scheduled Castes and
Backward Classes reaches or exceeds 100%. in such case, the reservation for
Backward Classes shall be calculated by arriving ata percentage to the remaining
Offices after so reserving for Scheduled Tribes and Scheduled Castes.”

4(4) “The Revenue Divisional Officer shall reserve one-third of the number of
wards reserved for Scheduled Tribes, Scheduled Castes and Backward Classes
and one-third of the un-served wards for Women, in each Gram Panchayat.”

b) Reservation of Offices of Sarpanchas of Gram Panchayats

7. (1) “The Revenue Divisional Officer shall determine in the first instance the
number of offices of Sarpanchas to be reserved in each Mandal Parishad for the
Scheduled Tribes and Scheduled Castes subject to the condition that the number
of offices so reserved shall bear as nearly as may be, the same proportion as the
population of the Scheduled Tribes or as the case may be, Scheduled Castes in the
Mandal Parishad bears to the total population of the Mandal Parishad concerned.”

5.17 The Andhra Pradesh Panchayati Raj Act was enacted in the year 1994. :

The clause (9) of the Act ensures reservation for theScheduled castes/tribes
and women in general:

“Reservation of seats of members of Gram Panchayats:- (1) In every Gram

Panchayat, out of the total strength of elected members determined under section
7, the Commissioner shall, subject to such rules as may be prescribed, by
notification, reserve – (a) such number of seats to the Scheduled Castes and
Scheduled Tribes as may be determined by him, subject to the condition that the
number of seats so reserved shall bear, as nearly as may be, the same proportion to
the total number of seats to be filled by direct election to the Gram Panchayat, as
the population of the Scheduled Castes, or as the case may be, Scheduled Tribes in
that village bears to the total population of that village, and such seats may be
allotted by rotation to different wards in a Gram Panchayat; 20 [* * *] (c) not less
than one-third of the total number of seats reserved under 21[clause (a) and sub-
section (1 A)] for women belonging to the Scheduled Castes, Scheduled Tribes or
as the case may be the Backward Classes; (d) not less than one-third (including
the number of seats reserved for women belonging to the Scheduled Castes,
Scheduled Tribes and Backward Classes) of the total number of seats to be filled
by direct election to every Gram Panchayat shall be reserved for women and such
seats may be allotted by rotation to different wards in a Gram Panchayat.”

5.18 Panchayati Raj Elections-2021

The notification for Rural elections was reelased in 2020, however,

because of differences between the Governement of AP and the State Election
Commission, the same were conducted in 2021 after an order from the High Court
of AP and Supreme Court of India. The details of Panchayati Raj Elections
conductred in the state of AP are as below:

 Elections were held in 13 districts of the state.

 Across 13,097 gram panchayats.

 The ruling party has wiped the elections winning around 10,382 gram
Panchayats.

 2192 sarpanches were elected unanimously.

Given below are the seats reserved in Gram Panchayat elections, 2021. Source:
Andhra Pradesh State election Commission:

Table 8.10: Abstract of Reservations to the offices of Sarpanches in Srikakulam

District
 Table 8.11 : Abstract of Reservations to the offices of Sarpanches in East
Godavari District

Table 8.12 : Abstract of Reservations to the offices of Sarpanches in Guntur

District

Table 8.13 : Abstract of Reservations to the offices of Sarpanches in East

Godavari District

Table 8.14 : Abstract of Reservations to the offices of Sarpanches in East

Godavari District

5.19 The Silver Linings:

Below is the percentage of women elected representatives, state-wise

numbers, for the year 201888

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 Fig. 8.1, Source: The Times of India

 There are 1.37 lakh women sarpanches in India

 Rajasthan accounts to most number of women sarpanches, amounting to

70,527.

 Among the total elected representatives in Rajasthan, women account to

56.49% of them, the highest in the country.

 Nimkheda Gram Panchayat, Mewar Distrcit, is the first all-women gram

Panchayat in India.
 Fig.8.2. Women Sarpanches as of 2017 in India

*Source: Google Images

5.20 Leading Women Sarpanches:

 Mrs. Chhavi Rajawath: she is the first female sarpanch with a management
degree She also addressed delegates at the United nation’s 11 th
Infopoverty World Conference in 2011.

 Arati Devi: She left her corporate job and got interested in the art work of
her locality. She strived hard to make the artisans and their work
recognised. Her hardwork got international recognition when she was
selected to be a part of International Visitors Leadership Program by the
US Consulate, to speak on the importance of “transparency and
accountability in the government”.

 Bhakti Sharma: A post-graduate in Political Science. She went to pursue

her higher education in the United States, stayed there for sometime, but
her passion to serve people made her to return to India. She then contested
the Panchayat elections in Barkhedi Abdulla village, and was successful in
getting elected. In the year 2016, she saw place in the list of Top 100 most
influential women in India.
  Pushpanjali Singh: the woman who created history by settling numerous
disputes within days. She created record by settling a 20-year-old land
dispute in 6 days. She has already settled 52 civil cases and 30 criminal
cases after taking over as the head of Wari Panchayat that comprises of 18
villages and 15 wards in Dobhi, Gaya district.

 Shalubai, Wagholi Panchayat: in spite of her many problems as a Dalit

sarpanch, she brought immense change in the village and also the attitude
of the upper caste Marathas. Her community was earlier not allowed to
enter into the Shiva temple in her village, however, her becoming
Sarpanch changed the matter. She was allowed to enter the temple and
offer prayers. Behind her, entered the entire community to pray to Lord
Shiva. Also, till then they were not allowed to celebrate the Birth
anniversaries of their leaders or community heads, but all this changed;
now they take processions too. They also hold saptahas in the temple.89

 Nauroti bai: an illiterate, labourer, struggled hard and fought to get the
payment of wages for the labourers who were not denied the same. She
later became computer literate, started training classes for girls in
computers, built hospitals, roads, hand pumps etc. She is the recipient of
the CII-Bharti Woman Exemplar Award in 2007. Norti Bai  has also been
a speaker at various events including the Conference on Media, IT and
Grass-root Development in Bangalore.

 Anuradha, Kodaria Village. She has made her village one of the first ISO
Panchayat. She has set up water-ATMs in her Panchayat, making drinking
water, RO purified water for Rs.10/- for 20 litres for all the villagers.
Kodariya is the first water ATM village in Madhya Pradesh. She also
fecilitated Nal Jal Yojana, giving 100% water connection to every house
hold in the village90.

 Sampatiya Uikey , a tribal leader from Tikarwara Gram Panchayat of

Mandala district was a Sarpanch, a Zilla Panchayat President and later
elected as a Rajya Sabha Member. Under her leadership, Tikarwara village
was awarded as “Best Panchayat‟ for holistic development. She shaped
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 her village Tikarwara so much that it was awarded as 100% literate
Panchayat by the then Hon’ble President Dr. APJ Abdul Kalam. She is the
best example of success of the Panchayati Raj Institutions as she initiated
her leadership career as a sarpanch of Tikarwada Gram Panchayat. Mrs.
Uikey has proved that women emerging from Panchayati Raj can attain the
highest level of leadership. She is an exemplary role model for women
seeking to accept a role in Panchayati raj Institutions. Serving at various
levels of grass-root and middle level institutions, Mrs. Uikey has elevated
from a mere village sarpanch to a more wider, prestigious and responsible
role of becoming a parliamentarian91.

 Jabna Chauhan,Tharjun gram Panchayat, mandi District: at the age of 22,

Ms. Jabna has made history by becoming the youngest sarpanch in the
whole country. Coming from a weaker background, she made it to the post
and has also made tremendous changes to her village. She proposed
prohibition of alcohol in Panchayat meeting, though resisted earlier, but
later accepted. Ms. Jabna has been awarded the first position in the
cleanliness department, and also received appreciation form Governor
Acharya Dev Vrat. She has been honoured as the “Best Sarpanch” and
appreciated by Chief Minister Virbhadra Singh for all her efforts. She was
also honoured by Prime Minister Shri Narendra Modi on International
Women’s Day.

 Sushma Bhadu, Dhani Miyan Village Panchayat. Belonging to Bishnoi

Community she was tied in the custom of ghunghat or veil. Brave as she
stands, she found the custom of veil very regressive and unnecessary and
she understood that it robbed women of their real identity. She shed her
veil and started attending public meetings sans veil. By securing funds
from a nationalised bank, she started a tailoring centre for women in her
village also started scholarships for poor girls wishing to pursue higher
studies. Under her leadership, her won the Nirmal Gram Puruskar awarded
by the Central Government for model villages. In the first of its sorts, she

91
Documentation of Success stories of Women Panchayat Representative Of Madhya Pradesh, By
SHODH
 introduced rewards of up to Rs. 50,000/- for whistle blowers to expose
people who seek sex determination tests92.

 Gangubai Nivrutti Bhambure, Bhamburwadi village, Pune: she is the

oldest sarpanch unanimously elected at the age of 94. Her epic words after
elction are quite inspiring and heart winning: “Now it’s time to work.”
Though she never went to school, it did not discourage her from contesting
the elections. Even at her ripe age she says about her villagers : “I will not
disappoint them… I can walk like a youngster and talk like a teacher,”
“Nothing affects me, rain or sun,” she added93. This should be really a
silver lining. She proves age cannot be a factor.

Smt. Gangubai is a great example. Neither caste, nor age, nor finances, nor gender
can be a hindrance for a woman who thinks she can excel.

5.21 A way Forward:

• Mandatory education: education has to be made free and compulsory till

the age of 17. All the children should be provided free education till at least they
complete Higher Secondary education, so that they are ready to understand basic
things of life, law, rules, or that which is essential to get jobs. Even dalit women,
who want to become political leaders, should be capable to understand the
Panchayat law, rules, maintain accounts, make transactions, fight for the rights of
the village and community. All this comes only from basic education.

• De-reservation Policy: Caste and community have always been the go-for
for all the political parties. Caste has always remained the basic criteria for
reservation policies. However, the idea is that it should benefit underprivileged
people of the depressed classes. But politics in its place, all the people, whether
belonging to rich families or educational families or even that of people employed
in higher civil services, children of political leaders, are enjoying the fruits of
reservation. This actually deters the real use of the mandatory affirmative quota
system. So, as suggested by the Supreme court and few intellectuals, we should
follow De-reservation policy. Benefits should not flow to the privileged families
though belonging to downtrodden castes. Families of public officials of a higher

92
Shruti Kedia-Your Story.

93
Charvi Kathuria, author, She the People
ranks, person of high income and others above a certain income , people
belonging to creamy layer should be de-reserved. That concludes that once people
have benefitted from the reservations significantly, they should be responsible to
ensure opportunities for their family members and let the benefits of reservation
reach the real under privileged groups.

• Affirmative steps:

- Aid and support based on merits be promoted

- Anger and aspirations of poor families from other backward

classes, or economically backward classes or those of
unreserved communities should be heard and addressed

- Not just education of children , but suppose if the parents of the

children failed to make it to comfortable education, then that be
promoted and chance be given to them.

- Adequate opportunity to the below poverty, underprivileged

unreserved classes be provided rather than privileges to rich
reserved classes.

• Best education practices: of what use is reservation at higher stages, when

the foundation level itself is weak. Revolutionary changes at the grass-root
levels of the education system is the need of the hour. Quality education
should be provided to the people in rural, tribal areas. Government
schools/institutions should be made at par with private prestigious
schools/institutions, so that equal opportunity and resources are available
for the people dependent on government institutions on similar lines of
those availing convent, private education.

• Reservations on the basis of few criteria of what help? A poor person, not
able to make a square meal, or home to live, of what use are reservations for
them in educational institutions, jobs or Panchayati raj? Of what use is
reservation for a woman who has been raped by upper class men, or of what
use is reservation for a jogini? The society and the government need to erase
these spider nets, provide the poor, under privileged, depressed sections of
the society with all round development, if a person is able to feed himself, a
woman feels safe, and a child has a shelter to live in, then the real benefit of
 reservation can be enjoyed by them to progress in life. Reservations are just
another road towards empowerment, but the most important ones to empower
the oppressed, so fair and just reservations are needed to uplift the people
with poor conditions of life.

• Subsidies not the proper answer: Governments are giving subsidies to many
in one or the other form say like, gas, ration, sales etc, instead on the other
hand it should also spend its funds on the betterment of the standard of
living. As the Chinese proverb goes: “give a man a fish you feed him for a
day. Teach a man to fish and you feed him for a lifetime”

Earn While Learn: all the people, students should be provided

opportunity to earn while they learn or study. This would usher in economic
stability for them.

As Narendra Modi rightly pointed "Law has empowered women. When

law has given them the rights, they should also get an opportunity,"

There have been numerous researches, studies, articles, reports that were
worked on to understand the complex social structure of India. The most
threatening disease eating into the country’s overall development is the caste
system. The ‘Varnashrama’ practice of ancient Indians, divided people into
different classes based on their class of work for efficient societal norms. This
system gradually turned into a monstrous brahminical oppression, subduing the
goodness of the varna system and increasingly giving rise to the abuse, assault,
oppression of the last varna people called shudras.

The shudras or avarnas were bracketed into servant class by the upper
class people, slowly painting them as the ‘untouchables’. This downtrodden fourth
class was engaged in menial services like scavenging, lifting corpses of dead men,
animals etc, sewerage cleaning, safai, sweeping, cleaning the roads latrines of
upper castes etc. In fact, without the service of the shudras, other classes could not
otherwise survive, however, they were considered to be socially inferior,
outcastes.

The world over, India is humiliated for practising caste system. However,
the truth lies in stating that such oppression against a specific class is not just
restricted to India. The Asian countries like Nepal, Bangladesh, Srilanka,
Pakistan, Japan, Yemen, African countries like Mauritania, Nigeria, Senegal, and
European country The United Kingdom, have all been infected by this caste based
discrimination. In other countries like Greece, a similar practice was encountered
in the form of slavery. Philosophers like Plato and others made rules similar to
that are supposedly made by Manu from India. Even The United States of
America is not free from such oppression. The blacks in America are subjected to
similar humiliation and abuse, but there is the difference of terminology in these
countries. There is no escape of oppression in many other countries too. Most of
the countries experience the evil of racism. Here, we may argue that casteism and
racism are different, however it needs to be understood that wherever we go, the
human nature remains the same. Slaves, shudras, blacks, are all treated in similar
way. They are boycotted, humiliated, sexually abused, subjected to atrocities and
violence. It is all because the dominant classes feel that they are superior.

In India, after independence, these oppressed classes were given a special

importance by the law makers and the author of the constitution, Dr. Baba Saheb
Ambedkar. The word Dalit was rechristened as “Scheduled Castes” and a special
policy called Reservation is provisioned to fight the existing inequities,
intolerance and injustice in the society, the Indian Constitution has voiced the idea
of positive discrimination to boost the backward classes with reservation policy
and necessary provisions were plugged into the Constitution. Dalits being the
main targets under the guise of discrimination and untouchability, reservation
policy was enshrined to empower them and give them an opportunity at par with
the upper castes to improve their living conditions, as such many policies were
enacted to bridge the discrimination. Since then, reservation system has existed in
the country to improve the living conditions of socially and economically
depressed people, especially the Scheduled castes to increase their representation
in political arena, welfare activities and for all round improvement. The Indian
Constitution India, is strengthened with many Articles that deal with
discrimination against any citizen, like Article 15(4), 16(4), 335, 338, 341, 342,
366(24) & (25)94

In the present research study we studied the extent of participation of Dalit

women elected representatives in Panchayats. The objectives of the study have

94
Which were discussed in detail in earlier chapters.
been to understand the Socio- demographic profile of the respondents, Political
profile of the respondents, educational and legal strides taken by them, to analyse
the constraints faced by the respondents because of the vulnerability. Pertaining to
our category of studies, the 73rd and 74th Constitutional Amendments are working
up towards a uniform three tier system to enhance the opportunities of Dalits, in
the form of local self-governance viz., the village Panchayats, Panchayat Samities
and Zila Parishads, Municipalities etc. For an overall development, when the
political parties and Governments have been mulling about the 33% reservation
for women that includes Scheduled caste women, seats have been reserved for
Scheduled Castes in direct proportion to their population, and to top it up, 1/3rd of
the reserved seats for SC’s constitutes SC women. The 73 rd Constitutional
Amendment has come as a boon providing reservation in seats for SCs, BCs and
women in the Panchayati raj Institutions.

In the present research study, the Researched has discussed the position of
Dalit Women in ancient and modern India along with their main problems in
Indian Community. The Researched has discussed the reasons for seeking
reservations for Dalit Women in political arena and where exactly the Dalit
community in failing in successfully utilising the reservations for Dalit Women.
The present research study also successfully studied the role of the father of the
Indian Constitution Dr. Baba Saheb Ambedkar’s who has driven the reservation
policy with his strong will.

The present research study also deals with the safeguards that are
incorporated in our Constitution with regard to Reservations of Dalit Women.
Now, have we been successful in earing the inequalities, have we passed in
ironing out the differences, if yes, then to what extent, if no then why? All these
have been discussed in detail. It is also studied if the reservation system has been
of any advantage for the Dalit Community and the Dalit women in particular. Or
have we done more harm through the process. The present research study also
reveals the participation of various national commissions like national
Commission for Women, national Commission for Scheduled castes and national
Commission for Human Rights in the progress of the Dalit women with regards to
the utilisation of reservation system.
 The present research study reveals that, even as per the Skanda Purana, “A
Man is no better than a sudra at his birth. He is called Brahmana (Twice Born) due
to the consecration”. Every person born is a Shudra and the way he lives converts
him into a Brahman, and even a Brahmin is not a Brahmin by heredity. The
Hindus holy epics, both Ramayana and Mahabaratha were written by Valmiki and
Vedavyasa, both non-brahmins However, the pre-Vedic, Vedic thoughts have
been over ruled by the hypocritic, orthodox thinking of a handful of so called
selfish people, who ruined the original weaves of the societal norms into a devilish
outcaste system. It is found that there are as many as fifty manuscripts of
Manusmriti, and there are many objections laid about them, because of their failed
authenticity and inconsistencies. By each passing time, there were many
insertions, interpolations, many authors inserted their own thoughts into it. As the
Dharmashastras were open texts, they became easy prey to translators,
commentators. It is said that the original script of Manusmriti is not found. The
entry of Muslim rulers, still worsened the Hindu thinking. Out of fear of polluting
their Dharma, Hindu communities out rightly banned any mixing of communities
and castes, making the lower castes fall prey for the Muslim tactics and paving
way for conversion into Islam. As they couldn’t deal with the Mughals, Hindus
made their lives more rigorous and slowly went into the crab shell, tightening the
caste noose. Attempts were made during the Bhakti movement to revive the Hindu
culture and take it back to its Vedic period glory. Brahman saints like
Dnyaneshwar taught the society that, God did not create Varnas or Jatis, but such
varna system was only an occupational division for proper functioning of the
society. They observed that customs and rituals were not the only means to attain
God, but ultimate devotion would, without caste or occupation being a barrier.

The status of women changed due to patriarchal lineage. Customs like

performance of sati, child marriages, marrying off a minor girl to an old aged man
raised their hood. Women were denied right to education or holding property or to
compete apart from dfenying their basic independence. People from the lowest
class were oppressed to the core, negating their total rights. Dalit women suffered
at the hands of upper caste men and their own men. Rape, violence, humiliation
were new found tools in the hands of upper caste women to counter any say of the
dalit men. Dalit women suffered triple burden of gender, caste and poverty.
 It is observed that, the most populated country of the world is also the
home for largest population of the Dalits. Though Dalits are not exclusively based
in India, the Indian Subcontinent is home for Dalits. Apart from the Asian
countries, many other countries of the world are home for the Dalits. As discussed
earlier, the oppression and circumstances have been varying from country to
country. However, India being the 2nd populated country, has the larger number
of effected people. Dalit women comprise of almost half of the Dalit population.
Apart from suffering the caste based humiliation, they carry the triple burden of
oppression- gender, economic and social. Their lives have been vulnerable. They
have been humiliated, oppressed, socially boycotted, misused, laboured for long
time. This continues even today in many parts of the country. Even their basic
daily needs of nutritious food, education, shelter have not been fulfilled even after
73 years of independence. Social justice, equality, respect have always eluded
them. Their impoverishment and marginalization has ever since continuing and
there seems to be no abatement in the near future. Poverty, gender & caste
discrimination, and socio-economic untouchability have been a part and parcel of
Dalit women’s lives. Since their birth, they have been struggling for education,
health, employment, financial independence, equality and opportunity.
Consecutive governments have evolved and implemented various plans through
positive interventions, affirmative measures, mandatory reservations, to empower
them socially, economically, educationally and politically. The efforts of
governments are not far reaching. Though a foundation is laid, there is long time
to go. The developmental plans have been inadequate, not satisfying thus making
the transformation at a snail’s pace. The reluctance of upper castes, the fear of
political powers of losing their vote percentage, the inhibited fears among Dalits
to go against age old practices, have dented the government’s plans.

Inequalities faced by the Dalit women are most grave. The lack of power,
wealth, opportunities have derailed their progress. The varna system which was
optimistic in nature at the beginning became ostensible, oppressive and degrading
as time passed. This varna system slowly but remarkably paved way for the social
inhumanity that grew into monstrous form of untouchability. The social
hierarchies that were based on employment and service for better division of
work, lost its essence completely to a meaner, loathed system of caste. The rigid
brahminical society grew by stepping its foot on and trampling the lower sections
of the society. The tyrannical brahminical obsession of purity and pollution has
diminished the role of women and particularly menial job holders. These menial
job holders were restricted, bounded to remain holding to their work and no
chance of ever developing and moving upwards in the social ladder was seized.
Our country has been divided on Caste and social stratification, which decide the
progress of the society.

Dalit women have been facing various forms of exclusion and boycott.
Even in this developed times, Dalit families are still found in clusters in
segregated hamlets at the outer space of villages. They can be located in slums,
mohallas, and segregated colonies. These areas are devoid of basic civic amenities
like proper drainage, drinking water, roads, health clinics, schools. It is often
reported that the drainage of the rich, upper caste and non-dalits flows through the
colonies of Dalits. The stink from open drainage has been a part of their lives.
Recently it is being said that the slum dwellers of Mumbai, owing to their
unhygienic dwelling have become immune to the coronavirus. In an election rally,
the Minister for Women and Child Welfare of Madhya Pradesh Government has
also said that, she being a Dalit was brought up in filth and cow-dung, so her
upbringing has made her immune to many viruses. Such is the sorry state of
affairs in our society.

The evil of untouchability is not restricted to India or Indian sub-continent.

In the western countries slavery system existed. These slaves were different from
other people in race and culture. Similar to the Indian punishments, Western
punishments also endorsed boycott of the culprit. These convicts were taken as
slaves or socially boycotted. According to Plato, “if any person eats or drinks, or
has any other sort of intercourse with the boycotted person or slave, or meeting
the slave have voluntarily touched him, he shall not enter into any temple, nor into
the agora, nor into the city, until he is purified for he should consider that he has
become tainted by a curse (A.C. Pradhan)”. It is believed that even in Greece, the
slaves were treated similar to the treatment meted out to Dalits in India.

Politics have always been men’s playground. The Upper caste men and
dominant classes have dominated and monopolised the politics in the country.
Women rarely got any chance to participate in political arena or contest elections.
The power and authority have been treated as man’s birth right, women were
deprived of the same. The question of Dalit women thinking of elections did never
arise. These political leaders after independence started wooing the Dalits and
other lower caste population to increase their voting percentage, rarely did they
work for the empowerment or improvement of the Dalit lives. The upper caste
political representatives seldom cared for the oppressed classes, neither did they
play any role in the betterment of social, educational, financial or political status
of the under privileged. Dalit women were never given an opportunity to stand a
chance in elections, neither were they allowed to raise their voice and speak about
their concerns. Seldom was any platform raised for the Dalits and dalit women in
particular to voice out their opinion or views. When there are less or no platforms
for the Dalits to seek redressal of their issues, the point of their upliftment seldom
arises.

The inequalities in the society are clearly evident. The social change that is
expected to provide equal status and opportunity for all men and women of all
castes and classes has not caught up the required speed. For the political leaders,
even the so called Dalit leaders, its time only for politics and saving their skin but
empowerment, upliftment and betterment of the Dalits has always remained
secondary.

It is inherent in the society that women always received step motherly

treatment in all sectors and at all phases. Women play many roles in the lives of
men. Further an educated woman enlightens not just her family but the society
too. This nuance has to be understood by the society. The leadership qualities of a
woman have to be used for nation building as, for a country to achieve sustainable
development goals, all the members of the society need to participate and perform
their duties. Woman is definitely the other half of the society. A woman leader’s
role cannot be neglected as she plays important role in framing and implementing
programmes and legislations for the welfare of women as whole.

Since independence, the Central and State governments have been coming
up with many laws, acts and policies to ensure the empowerment of the depressed
classes. The Central government, through its five-year plans has formulated
different policies and programmes for empowerment of women in general and
Dalit women in particular. The Constitution of India has provided safeguards for
Scheduled caste people and women in general. According to the Census, 2011, the
Scheduled Castes constitute of 16.6% of India’s population, of which 49.96% i.e.,
around 50% are women. The states of Uttar Pradesh, West Bengal and Bihar have
most number of Dalit population.

We being a country of many religious diversities, we have not only limited

ourselves to religion, but each religion has seen many sects, castes, divisions etc.
However, the people who suffered as the lowest rung of the society, who
experienced violence, abuse, humiliation, had to be given a helping hand to come
out of those bruises caused by the society since centuries. So, a protective policy
to benefit the un-privileged sections has been woven into the very constitution, the
ultimate law book of the country through affirmative mandatory quota system
otherwise referred to as reservation. Our study briefs the timeline for Reservations
to support the Dalit women:

 The first talk on reservations came up in the Madras Presidency, i.e., the
current Tamil Nadu in the year 1831.
 William Hunter and Jyotirao Phule in 1882 originally conceived the idea
of caste-based reservation system.

 However, it is traced that, Shahu Maharaj of Kolhapur started the system

of Reservation for non-Brahmins and other lower castes in the year 1902.
 In 1919, the king of Mysore formed a committee headed by a judge to
study the feasibility of reservations, and a plan was under way.

 Separate electorate was introduced by the Government of India Act,

1919, for Muslims in the Indian council Act, 1909 and then extended to
Sikhs, Indian Christians, Anglo-Indians and Europeans by Government
of India Act 1919.
 The State of Mysore, in the year 1921 initiated reservation for backward
castes against the repression of non-Brahmin castes.
 The reservation policy that is being followed currently, in its true sense,
was introduced by the then British Prime Minister Ramsay Macdonald,
on 16 August 1932, who presented the ‘Communal Award’ also called
the MacDonald Award after the Round Table Conference held between
 1930–32 and the earlier separate electorate was again extended  to the
depressed Classes and other minorities.
 On 24 September 1932, to end the fasting of Mahatma Gandhi, an
understanding had been reached between Dr.B.R. Ambedkar and Gandhi Ji
and The Poona Pact was signed. The same was signed by Dr.Ambedkar on
behalf of the depressed classes and by Sri Madan Mohan Malviya on
behalf of the upper castes
 In the year 1942, Viceroy's Executive Council , with Dr. Ambedkar as its
member, recommended for 8.5% of reservation for Scheduled Castes in
civil services

 After independence, the Constitution of India provisioned the reservations

for Scheduled Castes and Tribes. Originally a Government Order excluded
except four Sikh Dalit castes converts, but later amended and later
included Sikhs and Buddhist.

 The first amendment to Constitution was made in the year 1951 to legalise
caste-based reservations and enabled states to reserve seats for Scheduled
Castes and Tribes in educational institutions.

 On 29 January 1953, a Backward Classes Commission was set up under

the Chairmanship of Sri Kaka Kalelkar to identify the socially and
educationally backward communities, also called as the Kaka Kalelkar
commission.

 In 1978-79, the Former Prime Minister of India, Sri Morarji Desai set up
the Socially and Educationally Backward Classes Commission identify the
socially and/or educationally backward classes, also called as Mandal
Commission.

 In the 1989 Former Prime Minister, Sri V P Singh announced the

implementation of Mandal Commission recommendations in government
jobs. However, there was huge resistance to the same.

 In the year 1990, Sri V.P. Singh implements the 27% quota for the Other
Backward Classes as per the Mandal Commission Recommendations.
  In the year 1992, the Supreme Court of India upheld the 27% reservation
for Backward Classes with a condition to exclusion of creamy layer.

 Under the leadership of Prime Minister Mr. Narendra Modi, Constitution

was again amended in 2019, to allow 10% reservation for the
economically backward. Till now the reservation was based on social and
educational backwardness, which included women reservation, however, a
new angle of economical backwardness has been introduced.

 The reservation system was initially up to 10 years, but time and again the
same has been extended for the reasons best known to the political parties
and the governments. In the year 2020 also, reservation has been extended
by 10 more

In spite of such reservation policies and constitutional iron fist in

providing political entry, we observed that Scheduled castes are lagging behind in
many sections as stated below;

• Around 75% of the scheduled castes households are either landless

or near landless.

• Among the Scheduled caste employed people, around 49.06 % of

them are agricultural labourers in the rural areas.

• 35.4% of the Dalit population lives below poverty line as compared

to 21% of non-dalits under poverty line.

• The percentage of literacy among Scheduled castes comes around

54.7 % quite low when compared to a better percentage of 68.8 %
of non-scheduled castes.

• Dalit women are more vulnerable to violence and atrocities, sexual

abuse when compared to non-dalit women, who are also at the
receiving end but on a better side comparatively.

• Social boycott, economic backwardness, discrimination in general

use of public water bodies, water taps, temple, tea stall, restaurants,
community bath, and other social services continues.

The thesis is beneficial in studying the government’s efforts in uplifting

the Dalit women. Central and State governments have been working hard to
support the dalit women to get educated , improve their social status, become
financially independent, change their living standards. Our study reiterates that, if
only the Dalit women are educated, empowered and financially independent and
economically strong, only then they can put their best foot forward in political
sector too. Their participation as people’s representatives increases if the schemes
of governments are efficiently percolating into the aggrieved people’s houses and
bringing positive changes. Certain schemes that are being run by the government
for the social, economic and educational empowerment of Dalits and Dalit
women:

 National Safai Karamcharis Finance and Development Corporation

(NSKFDC)

 National Scheduled Castes Finance and Development Corporation

(NSFDC)

 Credit Enhancement Guarantee Scheme for the Scheduled Castes (SCs)

 National Fellowship for Scheduled Caste Students

 Dr. Ambedkar International Centre

 Babu Jagjivan Ram National Foundation

 e-Utthaan: Development Action Plan for Scheduled Castes

 Mahila Adhikarita Yojana

 Special Central Assistance to Scheduled Caste Sub Plan (SCA to SCSP)

 Self-Employment Scheme for Rehabilitation of Manual Scavengers

(SRMS)

 Scheme of Assistance to Scheduled Castes Development Corporations

(SCDCs)

 Venture Capital Fund For Scheduled Castes

 Pradhan Mantri Adarsh Gram Yojana (PMAGY)

 Gram Swaraj Abhiyan

 Swachhta Udyami Yojana

  Valmiki Malin Basti Awas Yojna (VAMBAY),

 Centrally Sponsored Scheme for implementation of the Protection of Civil

Rights Act, 1955 and the Scheduled Castes and the Scheduled Tribes
(Prevention of Atrocities) Act, 1989

Our study reiterates the statement of the former member of Planning

Commission, Smt. Syeda Hameed, that, Dalit women representative’s status has
never changed, it remained the same as it was years ago. It is not just enough for
the Central and State governments to work collectively for the empowerment of
Dalit women, but a much needed multi-sectoral approach should be in place to
develop and properly implement the governmental policies.

In this thesis we stand by the views of Smriti Kak Ramachandran 95

mentioned in an article published by her in The Hindu. Few recommendations are
put forth for improvement of Dalit women leaders. She quotes few of the
recommendations put forth by a jury as follows:

 Every District should have a Special office that would act as a support
system for the Dalit and other women Panchayat leaders.

 The said special office has to advice, train and provide adequate
information as and when required by the Panchayat Leader or
Sarpanch.

 The office should also monitor the performance of Sarpanches, any

interventions by other panchayat members or government officials.

 It is also the duty of the Special office to mediate and come up with
plans to resolve any sort of issues that are faced by the panchayat
members.

We also second some other important recommendations made by few

others like, as the Dalits, dalit women, tribals or women belonging to poor
families, etc who are interested to contest the Panchayat elections, often face
financial crunch to participate in elections, which is why they are misused by the
rich and dominant classes. So, it is recommended that the State Election
commission should provide basic financial support and bear the cost of the
95
https://www.thehindu.com/news/national/other-states/upper-caste-men-brand-dalit-sarpanchs-
daughterinlaw-witch/article2869614.ece
elections that is to be occurred by these marginalised and poor contestants. In this
regards, it is advised that the election commission of that particular state set up a
specific fund.

Among the other views held by few eminent people, it was recommended
to set up an Autonomous Statutory Directorate for all the reserved panchayats in
the States. This Statutory body should be headed by a lady IAS officer belonging
to either a Scheduled caste or Scheduled Tribe. Further, the Assistant Directorates
at the district level should be headed again by a Scheduled caste or Scheduled
Tribe woman officer below the rank of IAS, to function under the directorate. It is
stated that the Autonomous Statutory Directorate and the Assistant Directorates
should be under the Legislative Assemblies’ jurisdiction through the Governor of
those respective states. It is the duty of these statutory institutions to monitor and
review the complete election performances from pre-polls to post-polls
concerning the reserved panchayats and need to submit an annual report to the
Assembly.

Further, it is also suggested that the National and State Scheduled Caste,
Scheduled Tribe and Women's Commissions be given sufficient powers, funds
and staff to specifically inquire into any kind of political hindrances or obstacles,
and/or violence, abuse committed against the elected Dalit women and men
representatives, the tribals representatives and in general women elected
representatives.

It is to be understood that though the National and State Commissions

pertaining to the Scheduled Castes, Scheduled Tribes or Women commissions,
though are statutory bodies, do not have enough tough teeth to enforce heavy
punishments. They have been literally coached down to advisory bodies. These
commissions either face fund crunch, or staff crunch to implement their plans or
enforce their powers. Even if otherwise, there is lot of political intervention that
makes them go slow in taking action. All these obstacles should be overcome by
the said commissions and they should stand for the cause they have been set up
for.

Coming back to our main topic of Dalit women participation in Panchayati

raj Institutions, our thesis has touched the main aggravators. This paper
enlightens the situation of Dalit women in political arena especially Panchayati raj
Institutions. This study answers the below questions, that have not been
adequately answered by other such works:

 Have Dalit women been able to access political posts fairly?

 If so, then have they been elected to those posts?

 If elected, then could they exercise their political power freely?

 Could Dalit women adequately participate in decision making and

overall development?

 Have they been given a benami or proxy post, with the power
being held by the upper caste or by a male family member?

 How far have they been successful?

 What can be the factors that support participation of Dalit women

in Panchayati Raj?

 What impact has been experienced by their involvement?

 Are the State entities been able to protect and support the Dalit
women in their political uprising?

 Has the government been able to address the laybacks in this

process?

In the process we have studied that below listed are few factors that
enabled Dalit women’s success in Panchayati raj institutions, like:

 Education, literacy.

 Physical and Psychological maturity.

 Strong will to address their personal as well as community’s issues.

 First-hand information and experience on social issues.

 Support of family, society.

 Age of women.

 Mindset to develop community, village.

 Big fire for social justice.

 Skills to talk on various issues, on various platforms.

 Experience, knowledge and authority to gather information on

several issues.

 Personal income, stability in finances.

 Strength to attract national attention towards their locality’s

problems.

 Negotiate and resolve the problems with great ability.