National Commission for Women

The National Commission for Women (NCW) is a statutory body established in January 1992 under the National Commission for Women Act, 1990. It was created to serve as a high-level watchdog to protect and promote the interests of women in India, ensuring they enjoy the rights and safeguards guaranteed by the Constitution and other laws.

1. Constitution / Composition

The Commission is constituted by the Central Government. According to Section 3 of the Act, it consists of:

• A Chairperson: A person "committed to the cause of women," nominated by the Central Government.

• Five Members: Nominated from amongst persons of ability and integrity who have experience in law, trade unionism, management of women's organizations, administration, or social welfare.

  • Note: At least one member must belong to the Scheduled Castes and one to the Scheduled Tribes.

• Member-Secretary: An expert in the field of management, organizational structure, or sociological movement, or an officer of the Central Government.

2. Functions of the NCW

The mandate of the Commission is broad, covering legal, investigative, and advisory roles. Under Section 10 of the Act, its functions include:

• Review of Laws: To examine the Constitutional and legal safeguards for women and recommend amendments to address any lacunae or inadequacies (e.g., suggesting changes to the Dowry Prohibition Act).

• Investigation of Complaints: To look into complaints and take suo motu (on its own motion) notice of matters relating to:

  • Deprivation of women’s rights.

  • Non-implementation of laws enacted to provide protection.

  • Non-compliance with policy decisions aimed at mitigating hardships.

• Research and Studies: To undertake promotional and educational research to suggest ways of ensuring due representation of women in all spheres.

• Inspection: To visit jails, remand homes, or other places of custody where women are kept as prisoners, and take up the matter with relevant authorities for remedial action.

• Funding Litigation: To fund litigation involving issues affecting a large body of women.

3. Powers of the NCW

To perform its functions effectively, the Commission is vested with specific legal powers.

A. Powers of a Civil Court

While investigating any matter or complaint, the Commission has all the powers of a Civil Court trying a suit under the Code of Civil Procedure, 1908. These include:

1. Summoning and enforcing the attendance of any person from any part of India and examining them on oath.

2. Requiring the discovery and production of any document.

3. Receiving evidence on affidavits.

4. Requisitioning any public record or copy thereof from any court or office.

B. Advisory Power

The Commission submits annual reports to the Central Government. It also submits reports upon the functioning of safeguards for women. The Government is required to lay these reports before Parliament, along with a memorandum explaining the action taken or the reasons for non-acceptance of recommendations.

4. Critical Assessment

While the NCW has been instrumental in highlighting issues like domestic violence and workplace harassment, it faces certain limitations:

• Recommendatory Nature: Its findings are not legally binding on the government; it acts primarily as an advisory body.

• Political Appointments: Critics often argue that the nomination process by the Central Government can sometimes affect the perceived neutrality of the body.