The bench of Justice Surya Kant and Justice KV Viswanathan expressed strong disapproval of the regulation, questioning its necessity and implications. They observed that the wife of the officiating DM automatically becomes the president of various societies, regardless of her leadership skills or community spirit. The court raised concerns about the assumption that a DM would always be male, raising questions about gender bias and the state’s endorsement of such a practice.
NEW DELHI: (On May 6th): The Supreme Court of India criticized the Uttar Pradesh government for implementing a controversial regulation that requires the wife of the district magistrate (DM) of Bulandshahr to serve as the president of registered societies in the district. The court denounced the norm as “atrocious” and “humiliating for all women in the state,” questioning its relevance and practicality in today’s society.
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The bench of Justice Surya Kant and Justice KV Viswanathan expressed strong disapproval of the regulation, questioning its necessity and implications. They observed that the wife of the officiating DM automatically becomes the president of various societies, regardless of her leadership skills or community spirit. The court raised concerns about the assumption that a DM would always be male, raising questions about gender bias and the state’s endorsement of such a practice.
The court highlighted that in cases where the DM lacks a spouse, the regulation empowers the officer to designate any other woman as the president.
Expressing dismay, the court exclaimed,
“This is utterly unacceptable! How could such a provision exist, let alone be endorsed by the state?”
The counsel representing the Uttar Pradesh government argued that the regulation aimed to protect government lands leased to societies from being misused for private interests. However, the court rejected this argument, stating that there are alternative ways to safeguard government interests without requiring the DM’s wife to act as the society president. The court urged the state government to explore stricter conditions and regular monitoring instead.
“We can conceive of numerous methods to safeguard the government’s interests regarding nazul land. Strict conditions and regular oversight are feasible options. However, mandating the DM’s wife to serve as the president of a society solely to protect the state’s interests is unacceptable to us. Nominating an individual solely based on their relation to a DM is unjust,” retorted the bench.
Rejecting the concept of spousal proxy presidents, the court directed the state’s women and child development department to submit an affidavit within two weeks justifying the propriety and legality of the regulation. The court expressed its concern for the welfare of women and marginalized sections and emphasized the need to reassess the regulation’s practicality and fairness.
Punit Mishra, the deputy director of the Women and Child Development department, stated that the department did not have any regulations establishing such committees anywhere in the state.
He mentioned, “The committee may have been formed locally in Bulandshahr.” Additionally, he admitted that the department “was also unaware of the Supreme Court order.”
Background
Bulandshahr’s Zila Mahila Samiti, is a society working for the welfare of widows, orphans, and marginalized women. The Samiti had been operating since 1957, with the original bye-laws stipulating the DM’s wife as the president. In 2022, the Samiti attempted to amend the bye-laws, designating the DM’s wife as a “patron” instead of the president. However, the deputy registrar nullified the amendments, leading the Samiti to appeal to the Allahabad High Court, which also rejected their plea. Subsequently, the case reached the Supreme Court, which expressed its concerns regarding the regulation’s approval by the state government.
