National Commission for Women (NCW)

At a Glance

• What it is Statutory body to protect and promote the rights of women
• Act National Commission for Women Act, 1990 (in force 31 January 1992)
• Constituted 1992
• Members Chairperson, five members and a member-secretary
• Exam link UPSC Prelims, Polity: Non-Constitutional Bodies

Where Does It Fit?

This is the sixth topic of the category on Non-Constitutional Bodies. The Committee on the Status of Women in India recommended in 1974 a National Commission for Women to fulfil surveillance functions, facilitate redressal of grievances and accelerate the socio-economic development of women. The Commission was constituted in 1992 as an autonomous statutory, and not constitutional, body.

Establishment and Objectives

The National Perspective Plan for Women (1988) and successive women-related committees also recommended such an apex body. The Commission was established under the National Commission for Women Act, 1990, which came into force on 31 January 1992, and its nodal ministry is the Ministry of Women and Child Development, which came into existence as a separate Ministry in 2006; earlier, since 1985, it was a Department under the Ministry of Human Resource Development. Its specific objectives are to review the constitutional and legal safeguards for women, recommend remedial legislative measures, facilitate redressal of grievances and advise the government on all policy matters affecting women.

Composition, Tenure and Removal

The Commission is a multi-member body of a chairperson committed to the cause of women, five members and a member-secretary. The five members come from among persons of ability, integrity and standing with 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, administration, economic development, health, education or social welfare, with at least one member each from the SCs and STs. The member-secretary is an expert in management, organisational structure or sociological movement, or an officer of a Central Civil Service, an All-India Service or a civil post under the Union.

The Central Government nominates the chairperson, members and member-secretary and prescribes their salaries and conditions. The chairperson and members hold office for three years and may resign to the Central Government. The Central Government can remove the chairperson or a member who becomes an undischarged insolvent, is convicted and sentenced for an offence involving moral turpitude in its opinion, is declared of unsound mind by a competent court, refuses to act or becomes incapable of acting, is absent from three consecutive meetings without leave, or has abused the official position in a way detrimental to the public interest.

Functions: A Fourteen-Point Mandate

1. Investigate and examine matters relating to the safeguards provided for women under the Constitution and other laws.
2. Present reports to the Central Government annually and at other times on the working of those safeguards.
3. Make recommendations for their effective implementation by the Union or a state.
4. Review existing provisions of the Constitution and other laws affecting women and recommend amendments.
5. Take up cases of violation of constitutional and legal provisions relating to women with the appropriate authorities.
6. Look into complaints and take suo moto notice of deprivation of women’s rights, non-implementation of laws for their protection and non-compliance of policy decisions aimed at their relief.
7. Call for special studies or investigations into specific problems arising out of discrimination and atrocities against women.
8. Undertake promotional and educational research to ensure due representation of women in all spheres and identify factors impeding their advancement.
9. Participate and advise on the planning process of socio-economic development of women.
10. Evaluate the progress of development of women under the Union and any state.
11. Inspect any jail, remand home, women’s institution or other place of custody where women are kept and take up remedial action.
12. Fund litigation involving issues affecting a large body of women.
13. Make periodic reports to the government on any matter pertaining to women and the difficulties under which women toil.
14. Look into any other matter referred to it by the Central Government.

Reports and Powers

The Commission presents an annual report to the Central Government and may submit others as it thinks necessary. The Central Government places the reports before each House of Parliament with a memorandum on action taken and reasons for non-acceptance. Where a report concerns a state, a copy is sent to the state government, which places it before the state legislature with a similar memorandum. The Commission can appoint committees for special issues and co-opt outside persons who can attend and take part but not vote, and it regulates its own procedure. While investigating or inquiring, it has all the powers of a civil court trying a suit: summoning and examining persons on oath, requiring discovery and production of documents, receiving evidence on affidavits, requisitioning public records, issuing summons for witnesses and documents, and any other matter prescribed by the Central Government. The Central Government should consult it on all major policy matters affecting women.

Working and Parivarik Mahila Lok Adalat

The Commission processes complaints received verbally or in writing and takes suo moto notice of cases, registering complaints under 23 heads, among them rape and attempt to rape, acid attack, sexual assault, sexual harassment, stalking and voyeurism, trafficking, outraging modesty, cyber crimes against women, police apathy, dowry harassment and death, bigamy, domestic violence, custody and divorce, honour crimes, the right to live with dignity, sexual harassment at the workplace, denial of maternity benefits, gender discrimination, indecent representation of women, sex selective abortions, traditional practices such as Sati, Devdasi and witch hunting, and free legal aid. Specific cases of police apathy are sent to the police for investigation and monitored, family disputes are resolved through counselling, and for serious crimes it constitutes an Inquiry Committee to provide immediate relief and justice. In sexual harassment complaints it urges organisations to expedite cases. The Vishaka case (1997) requires every employer to provide effective complaint procedures and remedies, including compensation.

The Commission has evolved the Parivarik Mahila Lok Adalat, on the model of the Lok Adalat, which supplements the District Legal Service Authority in matters of marriage and family affairs pending in courts. It funds NGOs, State Women Commissions or State Legal Service Authorities to organise it, and its objectives are speedy and cost-free justice for women, awareness of conciliatory dispute settlement, encouraging settlement outside formal courts and empowering the public, especially women, to participate in justice delivery.

Why Is This Topic Important?

• Frequently asked Statutory status and composition
• Link with other commissions NHRC ex-officio member
• Social issues Common in GS Paper 1 and 2

What Came Next?

The next topic covers the National Commission for Minorities.

Key People and Terms

• Parivarik Mahila Lok Adalat Family-dispute adjudication forum
• Suo moto On its own initiative
• Member-secretary Official and administrative head
• Moral turpitude Basis for removal
• Vishaka judgment Sexual harassment guidelines

Exam Corner

Mains Angle

Questions on this topic usually ask about the role and limitations of the NCW. Use these points to add depth.

• Mandate Safeguards and complaints
• Powers Civil court
• Advisory role Consultation on policy
• Innovations Parivarik Mahila Lok Adalat