The National Commission for Women (NCW) was established on January 31, 1992, under the National Commission for Women Act of 1990. It is a statutory body dedicated to safeguarding women’s rights and welfare by reviewing constitutional and legal protections, recommending legislative measures, addressing grievances, and advising the government on policy matters affecting women.
Establishment and Role
The NCW functions as a statutory body dedicated to women’s rights and welfare with a view to:
- Review the Constitutional and Legal safeguards for women.
- Recommend remedial legislative measures.
- Facilitate redressal of grievances.
- Advise the Government on all policy matters affecting women.
Legislative Reforms and Legal Initiatives
The Commission effectively addressed the issue of child marriage, sponsored legal awareness programs, and meticulously reviewed and amended key legislations, including:
- Dowry Prohibition Act of 1961
- Pre-Conception and Pre-Natal Diagnostic Techniques (PCPNDT) Act, 1994
- Indian Penal Code (IPC) of 1860
- National Commission for Women Act of 1990
Awareness and Societal Initiatives
The Commission conducts workshops and establishes expert committees focusing on women’s economic empowerment. It organizes seminars on gender awareness and launches campaigns against societal issues such as female foeticide and violence against women to combat social evils.
Structure of the Commission
According to Section 3 of the Act, the Commission is constituted by the Central Government and includes:
| Composition | Eligibility Criteria |
|---|---|
| Chairperson | Committed to the cause of women. |
| Five Members | Amongst persons of ability, integrity, and standing with experience in law, legislation, trade unionism, women’s voluntary organizations, administration, health, education, etc. (Note: At least one Member shall be from SC and ST respectively). |
| Member-Secretary | An expert in management, organizational structure, or sociological movement; OR an officer of the civil service of the Union/All-India service with appropriate experience. |
Term: The Chairperson and every Member are appointed for a period of three years in office.
Removal Procedures
The Central Government has the power to remove a member, including the Chairperson, under the following circumstances:
- Resignation: By writing to the Central Government.
- Death: Deemed to have vacated office upon death.
Grounds for Removal:
- Incapacity: Due to infirmity of mind or body.
- Moral Turpitude: Convicted of an offense involving moral turpitude.
- Insolvency: Becomes an undischarged insolvent.
- Absence: Absent from three consecutive meetings without reasonable cause.
- Abuse of Position: Opinion of Central Government that continuance is detrimental to public interest.
Functions of the National Commission for Women
The Commission performs a multi-dimensional role in protecting women's interests:
- Research and Study: Conduct research on women’s rights and gather data for evidence-based policy.
- Advocacy and Awareness: Campaigns to promote social change and change attitudes towards women.
- Legal Aid and Support: Provide support to women facing discrimination or violence and assist in accessing justice.
- Training: Capacity building for law enforcement agencies to sensitize them towards women’s issues.
- Policy Recommendations: Recommendations to address systemic gender disparities.
- Inquiry and Investigation: Examine all matters relating to safeguards provided for women.
- Legal Intervention: Parivarik Mahila Lok Adalat (PMLA) for redressal and speedy disposal of cases.
Powers and Working of the NCW
- Civil Court Authority: NCW has the same powers as a civil court.
- Attendance & Documents: Summon attendance from anywhere in India on oath and require discovery of documents.
- Affidavits & Public Records: Proper disclosure of documents as evidence and request for public records from any court/office.
Working Categories:
The Commission initiates investigations (including suo-moto) into various categories:
- Domestic Violence: Physical, sexual, emotional, and economic abuse.
- Sexual Violence: Rape, sexual assault, and harassment.
- Trafficking: Forced labor and sexual exploitation.
- Dowry Harassment: Demanding/accepting gifts/money at marriage.
- Honour Crimes: Acid attacks, forced marriages, and killings.
- Workplace Harassment: Harassment within professional environments.
Case Studies: NCW’s Interventions
Example 1 (Workplace Harassment): In 2020, NCW intervened for a woman harassed by male colleagues. After inquiry, disciplinary action was taken, ensuring a safe environment.
Example 2 (Caste-Based Discrimination): In 2019, NCW investigated a woman denied medical college admission due to her caste. The NCW directed the college to admit her, successfully protecting her rights.
Parivarik Mahila Lok Adalats (PMLAs)
- Overview: Unique initiative for speedy and cost-free resolution of family disputes (divorce, alimony, custody).
- Organizing Authorities: Held by DLSA in collaboration with NCW and NGOs.
- Panel: Three members: a woman judge, a lawyer, and a representative of a women’s organization.
- Achievements: Resolved over 50,000 disputes in the last 5 years, benefiting over 100,000 women. Average resolution time: 6 months.
Conclusion
The NCW is a vital institution in promoting women’s rights and combating social evils. Through initiatives like legal aid, policy recommendations, and PMLAs, the Commission has significantly contributed to improving lives and making substantial strides towards gender equality and empowerment in India.