Laxmikant Summary: National Commission for Women | Indian Polity for UPSC CSE PDF Download

Introduction

Established in 1992, the National Commission for Women (NCW) is a key autonomous body in India, focused on safeguarding women's rights. Investigating issues related to legal safeguards, the NCW recommends measures for effective implementation, actively resolving grievances, and contributing to women's socio-economic development. With a broad mandate, the NCW plays a pivotal role in shaping policies for gender equality nationwide.

Establishment

The Committee on Status of Women in India, formed by the Government of India in 1974, proposed the creation of a National Commission for Women to perform surveillance functions, facilitate grievance redressal, and accelerate the socio-economic development of women. Subsequently, various women-related committees, commissions, and plans, including the National Perspective Plan for Women (1988), also endorsed the formation of such a top-tier body for women. In line with these recommendations, the National Commission for Women was established in 1992 with the mandate to protect, promote, and safeguard the interests and rights of women.

The Commission operates as an autonomous statutory body, not a constitutional one, established under the National Commission for Women Act, 1990, enacted by the Parliament. The Ministry of Women and Child Development of the Government of India serves as the nodal ministry for the Commission.

The Commission's broad mandate encompasses nearly all aspects of women's development and empowerment, with specific objectives:

1. To review constitutional and legal safeguards for women.
2. To recommend legislative measures for remedies.
3. To facilitate the redressal of grievances.
4. To advise the government on policy matters affecting women.

Composition

The Commission is a multi-member body comprising a chairperson, five members, and a member-secretary. The chairperson must be dedicated to the cause of women, while the five members should possess ability, integrity, and experience in various fields such as law, legislation, trade unionism, industry management, or organizations committed to enhancing women's employment potential. At least one member from Scheduled Castes and Scheduled Tribes respectively is required. The member-secretary should be an expert in management, organizational structure, sociological movement, or an officer in a Civil Service of the Union. The Central Government, specifically the Ministry of Women and Child Development, nominates the chairperson, members, and member-secretary, determining their salaries, allowances, and service conditions.

The tenure of the chairperson and members is three years, and they have the option to resign at any time. The Central Government can also remove them under specific circumstances, including insolvency, conviction for an offense involving moral turpitude, declaration of unsound mind by a competent court, refusal or incapability to act, consecutive absence from three Commission meetings, or abuse of official position detrimental to public interest.

Functions

The Commission operates under a fourteen-point mandate:

1. To investigate and examine matters related to the safeguards for women under the Constitution and other laws.

2. To submit annual and additional reports to the Central Government on the functioning of these safeguards.

3. To make recommendations for the effective implementation of these safeguards.

4. To review existing provisions of the Constitution and other laws affecting women and suggest amendments to address inadequacies.

5. To address cases of violations of women's rights and non-implementation of protective laws with the relevant authorities.

6. To address complaints and take suo moto notice of issues related to deprivation of women's rights, non-implementation of laws, and non-compliance with policies aimed at women's welfare.

7. To conduct special studies or investigations into problems and discrimination against women, identifying constraints and recommending strategies for their removal.

8. To undertake promotional and educational research to ensure women's representation in all spheres and identify barriers to their advancement.

9. To participate in and advise on the socio-economic development planning process for women.

10. To evaluate the progress of women's development under the Union and states.

11. To inspect jails, remand homes, and women's institutions, taking up remedial actions with authorities.

12. To fund litigation involving issues affecting a large group of women.

13. To submit periodic reports to the government on women-related matters and difficulties they face.

14. To investigate any other matter referred to it by the Central Government.

The Commission submits an annual report to the Central Government and can provide additional reports as deemed necessary. These reports are presented to each House of Parliament, along with a memorandum explaining the action taken on the Commission's recommendations, including reasons for non-acceptance. If a report concerns a State Government, a copy is forwarded to that government, which places it before the state legislature with a memorandum explaining the actions taken and reasons for non-acceptance of recommendations.

Powers

The Commission has the authority to establish committees to address specific issues as needed. It is also empowered to include individuals external to the Commission (not its members) as members of such committees. Co-opted members can participate in committee meetings but do not have the right to vote. The Commission is responsible for regulating its own procedures and those of its committees.

When investigating a matter or examining a complaint, the Commission possesses the powers of a civil court trying a suit, specifically:

1. Summoning and compelling the attendance of any person from any part of India for examination under oath.
2. Requiring the discovery and production of any document.
3. Accepting evidence provided on affidavits.
4. Requisitioning any public record from any court or office.
5. Issuing summons for the examination of witnesses and documents.
6. Exercising any other powers as may be prescribed by the Central Government.

The Central Government is required to consult the Commission on all major policy matters impacting women.

Working

The Commission reviews and processes complaints received either verbally or in writing, including cases identified suo moto related to women. These complaints span various categories of crimes against women, registered under 23 distinct heads, such as rape, acid attacks, sexual assault, and cybercrimes.

The 23 categories include, among others:

1. Rape/Attempt to rape
2. Acid attack
3. Sexual assault
4. Sexual harassment
5. Stalking/Voyeurism
6. Trafficking/prostitution of women
7. Outraging modesty of women/Molestation
8. Cyber crimes against women
9. Police apathy against women

The Commission addresses complaints in the following ways:

1. Reports specific cases of police apathy to the authorities for investigation and monitors the progress.
2. Resolves family disputes or reaches compromises through counseling.
3. Shares disaggregated data with state authorities for appropriate action.
4. For sexual harassment complaints, urges organizations to expedite cases and monitors their resolution.
5. For serious crimes, establishes an Inquiry Committee to provide immediate relief and justice to victims of violence and atrocities.

Parivarik Mahila Lok Adalat

The Commission has introduced an innovative concept called Parivarik Mahila Lok Adalat (PMLA), complementing the efforts of the District Legal Service Authority to address and promptly resolve matters related to marriage and family affairs pending in various courts.

The Parivarik Mahila Lok Adalat operates similarly to the Lok Adalat, with the Commission offering financial assistance to NGOs, State Women Commissions, or State Legal Service Authorities to organize these adalats.

The objectives of the Parivarik Mahila Lok Adalat include:

1. Providing swift and cost-free justice to women.
2. Creating awareness among the public about the conciliatory mode of dispute resolution.
3. Facilitating the organization of Lok Adalats and encouraging the public to settle disputes outside the formal setup.
4. Empowering the public, especially women, to actively participate in the justice delivery mechanism.