National Commission for Women (NCW)
The National Commission for Women (NCW) is the apex statutory body established to safeguard and promote the rights and interests of women in India. Constituted under the National Commission for Women Act, 1990, the Commission reviews constitutional and legal safeguards for women, recommends legislative reforms, investigates complaints relating to the deprivation of women’s rights, and advises the Government on policies affecting women. It acts as a watchdog for women’s rights and works towards achieving gender justice and women’s empowerment.
Establishment
- The Constitution of India does not specifically provide for the National Commission for Women (NCW).
- The Committee on the Status of Women in India (1974) first recommended the establishment of a National Commission for Women to safeguard and promote women’s rights.
- Accordingly, Parliament enacted the National Commission for Women Act, 1990.
- The National Commission for Women (NCW) was constituted as a statutory body on 31 January 1992 under the provisions of the National Commission for Women Act, 1990.
Brief History
- The Committee on the Status of Women in India (CSWI) first recommended the establishment of a National Commission for Women to safeguard women’s rights, facilitate grievance redressal, and promote the socio-economic development of women.
- The recommendation was subsequently endorsed by various committees, commissions and plans, including the National Perspective Plan for Women (1988–2000).
- In 1990, the Central Government held consultations with NGOs, social workers and experts regarding the proposed Commission’s structure, powers and functions.
- The National Commission for Women Bill was introduced in the Lok Sabha in May 1990.
- After wider consultations and amendments—including granting the Commission powers of a civil court—the Bill was passed by Parliament.
- The National Commission for Women Act, 1990 received the President’s assent on 30 August 1990.
- The National Commission for Women (NCW) was constituted as a statutory body on 31 January 1992 under the provisions of the National Commission for Women Act, 1990.
Composition of the National Commission for Women (NCW)
The Commission is a multi-member body consisting of a chairperson, five members and a member-secretary.
Chairperson
- Nominated by the Central Government.
- Must be a person committed to the cause of women.
Members
- Nominated by the Central Government.
- The five members should be from amongst persons of ability, integrity and standing who have had experience in law or legislation, trade unionism, management of an industry or an organisation committed to increasing the employment potential of women, women’s voluntary organisations (including women activists), administration, economic development, health, education or social welfare.
- Reservation: At least one Member each shall belong to the Scheduled Castes (SC) and Scheduled Tribes (ST).
Member-Secretary
- Member-Secretary is nominated by the Central Government
- The member-secretary should be :
- An expert in management, organisational structure or sociological movement, or
- An officer who is a member of a civil service of the Union or of an all-India service or holds a civil post under the Union with appropriate experience.
Term of Office and Conditions of Service of Chairperson and Members
Term of Office
- The Chairperson and every Member hold office for a period specified by the Central Government, not exceeding three years.
- They are eligible for reappointment.
Resignation
- The Chairperson or any Member (other than a Member-Secretary who is a civil servant) may resign at any time by submitting a written resignation to the Central Government.
Removal
The Central Government may remove the Chairperson or a Member if:
- He/She becomes an undischarged insolvent.
- He/She gets convicted and sentenced to imprisonment for an offence which (in the opinion of the Central Government) involves moral turpitude
- He/She is declared to be of unsound mind by a competent court.
- He/She refuses to act or becomes incapable of performing duties.
- He/She is, without obtaining leave of absence from the Commission, absent from three consecutive meetings of the Commission;
- He/She has abused one’s official position which (in the opinion of the Central Government) renders one’s continuance in the office as detrimental to the public interest
- Safeguard: Before removal on the ground of abuse of position, the person must be given a reasonable opportunity of being heard.
Vacancy
- Any vacancy arising due to resignation, removal or otherwise shall be filled through a fresh nomination by the Central Government.
Salaries
- Salaries, allowances and other service conditions are prescribed by the Central Government.
- The salaries and allowances payable to the Chairperson and Members and the administrative expenses, including salaries, allowances and pensions payable to the officers and other employees are paid out of the grants given by the Central Government.
Functions
The Commission performs the following functions:
- investigate and examine all matters relating to the safeguards provided for women under the Constitution and other law;
- present to the Central Government, annually and at such other times as the Commission may deem fit, reports upon the working of those safeguards;
- make in such reports recommendations for the effective implementation of those safeguards for improving the conditions of women by the Union or any State;
- review, from time to time, the existing provisions of the Constitution and other laws affecting women and recommend amendments thereto so as to suggest remedial legislative measures to meet any lacunae, inadequacies or shortcomings in such legislations;
- take up the cases of violation of the provisions of the Constitution and of other laws relating to women with the appropriate authorities;
- look into complaints and take suo moto notice of matters relating to-
(i) deprivation of women’s rights;
(ii)non-implementation of laws enacted to provide protection to women and also to achieve the objective of equality and development;
(iii) non-compliance of policy decisions, guidelines or instructions aimed at mitigating hardships and ensuring welfare and providing relief to women,
and take up the issues arising out of such matters with appropriate authorities;
- call for special studies or investigations into specific problems or situations arising out of discrimination and atrocities against women and identify the constraints so as to recommend strategies for their removal;
- undertake promotional and educational research so as to suggest ways of ensuring due representation of women in all spheres and identify factors responsible for impeding their advancement, such as, lack of access to housing and basic services, inadequate support services and technologies for reducing drudgery and occupational health hazards and for increasing their productivity;
- participate and advise on the planning process of socio-economic development of women;
- evaluate the progress of the development of women under the Union and any State;
- inspect or cause to be inspected a jail, remand home, women’s institution or other place of custody where women are kept as prisoners or otherwise, and take up with the concerned authorities for remedial action, if found necessary;
- fund litigation involving issues affecting a large body of women;
- make periodical reports to the Government on any matter pertaining to women and in particular various difficulties under which women toil;
- any other matter which may be referred to it by the Central Government.
Reports of the National Commission for Women (NCW)
- The National Commission for Women (NCW) submits an annual report to the Central Government. . It can also submit a report as and when it thinks necessary.
- The Central Government lays these reports before both Houses of Parliament, along with:
- Memorandum explaining the action taken on the recommendations made by the Commission.
- Reasons for the non-acceptance of any recommendation, if applicable.
- Where a report relates to a matter concerning a State Government, the Commission forwards a copy to the concerned State Government.
- The State Government is required to place the report before the State Legislature, along with:
- Memorandum explaining the action taken on the recommendations made by the Commission.
- Reasons for the non-acceptance of any recommendation, wherever applicable.
Powers
- Committees of the Commission
- The Commission can appoint such committees as may be necessary for dealing with special issues taken up by the Commission from time to time.
- The Commission has the power to co-opt as members of any such committee the persons from outside the Commission (i.e. those who are not members of the Commission).
- The co-opted persons can attend the meetings of the committee and take part in its proceedings but without the right to vote.
- The Commission shall regulate its own procedure and the procedure of its committees.
- The Commission, while investigating any matter or inquiring into any complaint, has all the powers of a civil court trying a suit and in particular in respect of the following matters:
- summoning and enforcing the attendance of any person from any part of India and examining him on oath;
- requiring the discovery and production of any document;
- receiving evidence on affidavits;
- requisitioning any public record or copy thereof from any court or office;
- issuing commissions for the examination of witnesses and documents; and
- any other matter which may be prescribed.
- The Central Government should consult the Commission on all major policy matters affecting women.
Parivarik Mahila Lok Adalat
The National Commission for Women has evolved an innovative concept of Parivarik Mahila Lok Adalat for redressal and speedy disposal of cases under Legal Service Authority Act, 1987, which has its roots in the traditional Nyaya Panchayats.It supplements the efforts of the District Legal Service Authority (DLSA) for redressal and speedy disposal of the matters pending in various courts related to marriage and family affairs.
The essential features of PMLA are amicable mutual settlement and flexibility in functioning. The NGOs in association with District Legal Aid and Advisory Board, activists, advocates and others, organize Parivarik Mahila Lok Adalats with the Commission’s financial assistance.
Objectives of Parivarik Mahila Lok Adalat:
- To provide speedy and cost free dispensation of justice to women.
- To generate awareness among the public regarding conciliatory mode of dispute settlement.
- To gear up the process of organizing the Lok Adalats and to encourage the public to settle their disputes outside the formal set-up.
- To empower the public, especially women, to participate in justice delivery mechanisms.
Methodology
- The Parivarik Mahila Lok Adalat functions on the model of the Lok Adalat.
- The Commission provides financial assistance to NGOs or State Women Commissions or State Legal Service Authority to organize the Parivarik Mahila Lok Adalat.
Benefits of Lok Adalat
- Cases are amicably settled by the parties in a harmonious atmosphere.
- It saves time, effort and expenses.
- Long pending disputes in the courts can be settled through the Lok Adalat expeditiously.
- Copies of decisions of the Lok Adalat are given to the parties free of cost.
- The decision of the Lok Adalat is final and there is no appeal against the same.
Validity of Award of Lok Adalat
- Under the Legal Service Authority Act, 1987, the decisions of the Lok Adalat have legal validity.
- The award of the Lok Adalat has the same force as a decree of the Court of Law.
- The decisions of the Lok Adalat are based on terms of mutual consent of the parties.
- The decisions of the Lok Adalat are binding on the parties.
The National Commission for Women has emerged as the apex statutory institution for protecting women’s rights and promoting gender justice in India. By reviewing laws, investigating complaints, recommending policy reforms, and creating awareness, the Commission plays an important role in advancing women’s empowerment. However, strengthening its institutional autonomy, ensuring greater enforcement of its recommendations, enhancing coordination with State Commissions for Women, and improving grievance redressal mechanisms are essential for enabling the NCW to effectively address emerging challenges and realise the constitutional vision of equality, dignity, and justice for women.
FAQs
1. Is the National Commission for Women a constitutional body?
No. The National Commission for Women is a statutory body established under the National Commission for Women Act, 1990.
2. When was the National Commission for Women established?
The NCW was constituted on 31 January 1992.
3. Who appoints the Chairperson of the NCW?
The Central Government appoints the Chairperson, Members, and Member-Secretary of the Commission.
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