National Commission For Women: NCW Act, Functions & Responsibilities | UPSC

The National Commission for Women has been a statutory commission formed in January 1992 under the National Commission on Women Act 1990. It is used to promote and protect women in India. The Commission looks into safeguarding women's legal issues and proposes modifying policies. It gives women a voice about injustice. The government also calls upon the National Commission on Women to provide input on legislation and schemes in areas affecting women. It is a significant enough component in empowering gender equality, justice, and women's safety in India, irrespective of their social and economic background.

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The National Commission for Women is significant to aspiring candidates of the UPSC. It belongs to General Studies Paper II (under the subject Statutory Bodies in Governance, Constitution, and Social Justice). This question can be asked in prelims, mains, and essay papers. It must know its structure, powers, and functions to prepare comprehensively and write exam answers. Join the UPSC coaching today and boost your preparation.

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What is the National Commission for Women (NCW)?

The National Commission for Women (NCW) is a statutory body established in 1992 under the National Commission for Women Act, 1990, to protect and promote women's rights in India. It functions under the Ministry of Women and Child Development. The NCW reviews constitutional and legal safeguards for women, recommends policy reforms, investigates complaints on women's rights violations, and conducts studies and awareness programs on gender issues. It comprises a Chairperson, five members, and a Member-Secretary. Acting as a watchdog, the NCW plays a vital role in ensuring gender equality and addressing challenges faced by women nationwide.

National Commission for Women Act (1990)

The National Commission for Women Act, 1990, is the law that created the National Commission for Women in India. Parliament passed it to establish a statutory body focused on women's rights and welfare. The Act defines the structure, powers, and functions of the Commission. It empowers the Commission to investigate women-related issues, review laws, and recommend reforms. It also gives the Commission authority to take suo-motu action in rights violations. The National Commission for Women Act, 1990, marked a significant step in India's commitment to women's equality and justice.

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National Commission for Women Composition

As per Section 3 of the National Commission for Women Act 1990, the Commission shall consist of a Chairperson, 5Members, and a Member-Secretary who the Central Government nominates.

• Term: The Chairperson and every Member shall hold office for three years.
• Removal: The Central Government may, by order, remove the Chairperson or any other Member from office if the Chairperson or any other member:
• Is adjudged insolvent.
• He engages during his term of office in any paid employment outside his office duties.
• Refuses to act or becomes incapable of acting.
• Is of unsound mind and stands so declared by a competent court.
• He has so abused his office that he renders his continuance in office detrimental to the public interest.
• Is convicted and sentenced to imprisonment for an offence which, in the opinion of the Central Government, involves moral turpitude.

Note: No person shall be removed until that person has been allowed to be heard in the matter.

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National Commission for Women: Functions and Responsibilities

As per Section 10 of the National Commission for Women Act, 1990, the commission shall perform all or any of the following functions:

• Investigate and examine all matters relating to the safeguards provided for women under the Constitution and other laws.
• Present annual reports on the workings of these safeguards to the central government.
• Make recommendations in such reports for the effective implementation of those safeguards for improving the conditions of women by the union or any state.
• Review the existing provisions of the Constitution and other laws affecting women and recommend amendments to suggest remedial legislative measures to meet any lacunae, inadequacies, or shortcomings in such legislation.
• Take up cases of violation of the provisions of the Constitution and other laws relating to women with the appropriate authorities.
• Look into complaints and take suo motu notice of matters relating to the deprivation of women’s rights and non-implementation of laws enacted to protect women.
• Undertake promotional and educational research.
• Participate and advise on the planning process of the socio-economic development of women.

National Commission for Women's Powers

The Commission, while investigating, shall have all the powers of a civil court in respect of the following matters:

• Summoning and enforcing the attendance of any person from any part of India and examining them 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.

What are the various initiatives under the NCW that it undertakes to carry out its mandate?

In keeping with its mandate, the Commission initiated various steps to improve the status of women and worked for their economic empowerment.

• The Commission completed its visits to all the States/UTs and prepared 'Gender Profiles' to assess women's status and empowerment.
• It received many complaints and acted suo-moto in several cases to provide speedy justice.
• It took up the issue of child marriage and sponsored legal awareness. Programmes, Parivarik Mahila Lok Adalats, and reviewed such as the Dowry Prohibition Act 1961, the PNDT Act 1994, the Indian Penal Code 1860, and the National Commission for Women Act 1990 to make them more stringent and effective.
• The Commission has proposed amendments to the Hindu Marriage Act 1955, the Medical Termination of Pregnancy Act 1971, and the Indian Penal Code 1960.
• It organized workshops, constituted expert committees on economic empowerment of women, conducted seminars for gender awareness, and took up publicity campaigns against female foeticide and violence against women.
• Since the specific issues of women in J&K and Ladakh are different, NCW has recently set up a cell called J&K and Ladakh Cell that will enable the association to handle women's complaints and work towards their growth in all fields in these new UTs.

National Commission for Women Challenges

The National Commission for Women (NCW) has much to do with protecting women's rights in India. Examples of them are:

• Weak legislative authority: NCW has limited authority, which is advisory and is not empowered to enforce its suggestions or issue legal provisions against criminals.
• Scarcity of finance: The NCW is also characterized by a lack of skilled personnel and funds, affecting its capacity to perform the mandate effectively.
• According to a report by the Parliamentary Standing Committee on Home Affairs, the NCW has a staff shortage and requires more resources to resolve men-related issues. The NCW is accused of not representing marginalized women or women in lower castes, tribes and religious minorities.
• According to a study conducted by the Centre for Social Research, those groups are underrepresented in the NCW, and the latter must be more inclusive in its agenda.
• Poor reach: The outreach movement of NCW can be described as being inadequate and not capable of reaching out effectively to women in far-flung locations or even illiterate ones.

What measures could be recommended for the effective functioning of the commission?

Some recommendations for the effective functioning of the National Commission for Women (NCW):

• Increasing awareness: The NCW could deploy resources at the district level to bring attention to local atrocities and raise awareness about the NCW.
• Strengthening the legal powers: To enhance the NCW's ability to address issues related to women's rights effectively and to reinforce the laws of women's safety in the workplace, it would be beneficial to give the NCW more legal powers.
• The 257th report of the Law Commission of India recommended that the NCW be given greater powers to take action against violators of women's rights.
• Increasing the funding: To ensure the NCW has the resources it needs to carry out its mandate effectively, it would be helpful for the central government to devolve more funds to the NCW and to give it an independent budget.
• Outreach to remote areas: The NCW needs effective outreach mechanisms to reach women in remote areas or those who are illiterate.
• The Human Rights Watch has recommended that the NCW improve its outreach efforts and ensure it reaches women needing assistance.
• Education and empowerment: The NCW should educate women about their rights and empower them to make informed decisions regarding their lives. It should establish self-development centers and encourage women's participation in small-scale work to promote empowerment and independence.

Conclusion

The National Commission for Women plays a key role in ensuring that women's rights are upheld, in forming policy and creating gender equality. Eliminating some forms of grievances and suggesting revamping the system empowers the system of women's empowerment. It allows them to guarantee their constitutional rights under the Indian socio-legal system.

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