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Bombay High Court: Misconduct by Women Leaders Should Not Be Ignored in the Name of Empowerment

The Bombay High Court recently emphasized that ignoring serious misconduct by women office bearers in the name of women empowerment goes against democratic principles. The court upheld the removal of Pratima Gaikar, the Sarpanch of Ambivali village in Raigad district, Maharashtra, who was found guilty of financial misconduct.

Justice NJ Jamadar criticized the decision of the Rural Development Minister, who had earlier reversed the removal order, stating that removing a woman from a leadership role would harm the idea of women empowerment. However, the court disagreed, stating that true empowerment also means being accountable for one’s actions.

The court stated, “Empowerment of women through political representation helps strengthen democracy. But if misconduct is tolerated simply to promote a woman, it defeats the purpose of empowerment.”

The case dates back to May 26, 2022, when the Rural Development Minister overturned the Divisional Commissioner’s decision from April 19, 2022, which ordered Gaikar’s removal. Gaikar, elected in 2019, also served as Chairperson of the Village Water Supply and Sanitation Committee.

According to official rules, the Committee’s bank account must be jointly operated by the Chairperson and an Asha Sevika. However, Gaikar violated this by issuing a cheque for ₹15,549 in coordination with an Anganwadi Sevika instead. This was considered a serious breach of financial protocols.

The Divisional Commissioner ruled that this action amounted to gross misconduct and justified her removal. The Minister, however, reversed the order, claiming that taking action against Gaikar would go against the principle of empowering women.

The High Court strongly opposed this view. It observed that protecting someone from consequences simply based on gender weakens public trust and sets a poor example. The court clarified that even if a post is reserved for women, after the removal, only a woman can be elected again to that post, ensuring continued representation.

In conclusion, the Court quashed the Minister’s order and reinstated the Divisional Commissioner’s decision to remove Gaikar, affirming that accountability is essential, regardless of gender.

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