National Commission for Women
Establishment:
- Recommended by the Committee on Status of Women in India (1974)
- Successive women-related committees and plans recommended an apex body for women.
- Constituted in 1992 under the National Commission for Women Act, 1990 to protect, promote, and safeguard the interests and rights of women.
- Autonomous statutory body, not constitutional.
- Nodal ministry: Ministry of Women and Child Development.
- Wide mandate covering all aspects of women's development and empowerment.
Objectives:
- Review constitutional and legal safeguards for women.
- Recommend remedial legislative measures.
- Facilitate the redressal of grievances.
- Advise the government on all policy matters affecting women.
Composition:
- Multi-member body.
- Chairperson: Committed to the cause of women.
- Five members: With ability, integrity, and standing, experienced in law/legislation, trade unionism, management, women's voluntary organizations, administration, economic development, health, education, or social welfare.
- At least one member each should belong to Scheduled Castes and Scheduled Tribes.
- Member-Secretary:
- Expert in management, organizational structure, or sociological movement.
- Officer in Civil Service of the Union/All-India Service/Civil post under the Union.
- Appointed by the Central Government (Ministry of Women and Child Development).
- Salaries, allowances, and service conditions prescribed by the Central Government.
- Term: Three years.
- Resignation: Addressed to the Central Government.
- Removal by the Central Government before term expiry:
- Undischarged insolvent.
- Conviction and imprisonment for an offence involving moral turpitude.
- Declared of unsound mind by a competent court.
- Refusal to act or becomes incapable of acting.
- Absence from three consecutive meetings.
- Abuse of official position detrimental to public interest.
- Multi-member body.
Functions (Fourteen-Point Mandate):
- Investigate and examine matters relating to safeguards for women under the Constitution and other laws.
- Present reports to the Central Government on the working of safeguards.
- Make recommendations for the effective implementation of those safeguards.
- Review existing provisions of the Constitution and other laws affecting women and recommend amendments.
- Take up cases of violation of laws relating to women.
- Address Deprivation of women's rights, Non-implementation of laws, Non-compliance of policy decisions
- Call for special studies or investigations into specific problems.
- Undertake promotional and educational research.
- Participate and advise on the planning process of socio-economic development of women.
- Evaluate the progress of the development of women.
- Inspect any jail, remand home, women's institution.
- Fund litigation involving issues affecting a large body of women.
- Make periodical reports on any matter pertaining to women.
- Look into any other matter referred to it by the Central Government.
Reporting:
- Presents an annual report to the Central Government, and also submit a report as and when it thinks necessary.
- Central Government presents reports to Parliament with a memorandum explaining the action taken on the recommendations.
- State Government places it before the state legislature, along with a memorandum explaining the action taken on the recommendations of the commission.
Powers:
- Appoint committees for dealing with special issues.
- Co-opt members from outside the Commission. Co-opted members can attend and participate in meetings without voting rights.
- Regulate its own procedure and the procedure of its committees.
- Powers of a civil court when investigating matters or complaints:
- Summoning and enforcing attendance.
- Requiring discovery and production of documents.
- Receiving evidence on affidavits.
- Requisitioning public records.
- Issuing summons for the examination of witnesses and documents.
- Any other matter prescribed by the Central Government.
- The Central Government should consult the Commission on all major policy matters affecting women.
Working:
- Processes complaints received verbally or in writing, and takes suo moto notice of cases.
- Complaints relate to various categories of crimes against women, registered under 23 heads:
- Rape/attempt to rape
- Acid attack
- Sexual assault
- Sexual harassment
- Stalking/Voyeurism
- Trafficking/prostitution
- Outraging modesty/Molestation
- Cyber crimes
- Police apathy
- Harassment of married women/dowry harassment
- Dowry death
- Bigamy/Polygamy
- Domestic violence
- Women's right of custody of children/Divorce
- Right to exercise choice in marriage/Honour Crimes
- Right to live with dignity
- Sexual harassment at workplace
- Denial of maternity benefits
- Gender discrimination
- Indecent representation
- Sex Selective Abortions; Female Foeticide/ Amniocentesis
- Traditional practices derogatory to women
- Free legal aid
- Complaints are acted upon by:
- Sending cases of police apathy to police authorities for investigation.
- Resolving family disputes through counseling.
- Making disaggregated data available to state authorities.
- Urging organizations to expedite sexual harassment cases.
- For serious crimes, the Commission constitutes an Inquiry Committee.
Parivarik Mahila Lok Adalat:
- Innovative concept supplementing District Legal Service Authority efforts.
- Functions on the model of Lok Adalat.
- Commission provides financial assistance to NGOs/State Women Commissions/State Legal Service Authority to organise Parivarik Mahila Lok Adalat.
- Objectives:
- Provide speedy and cost-free dispensation of justice to women.
- Generate awareness regarding conciliatory dispute settlement.
- Gear up the process of organising the Lok Adalats and to encourage the public
- To empower public especially women to participate in justice delivery mechanism.