The National Commission for Women was established on January 31, 1992, under the National Commission for Women Act, 1990, to review the Constitutional and legal safeguards for women, recommend remedial legislative measures, facilitate grievance redress, and advise the government on all policy matters affecting women. The present and the 9th National Commission for Women was constituted in 2018 and is headed by Rekha Sharma.
Table of Contents
- Historical Background
- Statutory Provisions
- Composition
- Removal
- Tenure
- Powers
- Functions
- Reports to be laid
- Issues
- Recent Context
- List of NCWs
- Conclusion
National Commission for Women – Historical Background
- The Committee on the Status of Women in India advocated the establishment of a National Commission for Women about two decades ago.
- Objective: To fulfil surveillance functions in order to promote grievance resolution and expedite women’s socioeconomic growth.
- In 1990, the central government held consultations with NGOs, social workers, and academics about the proposed Commission’s organization, functions, and powers.
Timeline
- In May 1990, the Bill was introduced in the Lok Sabha.
- The HRD Ministry held a National Level Conference in July 1990 to get feedback on the Bill. The government adopted many revisions and new rules in August 1990 to give the commission the competence of a civil court.
- On August 30, 1990, the bill was passed and signed by the President.
- The First Commission was constituted on 31st January 1992 Mrs. Jayanti Patnaik as the Chairperson.
National Commission for Women: Statutory Provisions
- National Commission for Women is a statutory body constituted under the National Commission for Women Act, 1990 on 31st January 1992.
- The Commission provides financial assistance to non-governmental organizations (NGOs) and educational institutions that conduct legal awareness programs to help women become more aware of their rights.
- In order to carry out its duties, the Commission has been given the authority to constitute special committees. Furthermore, the Commission shall have the authority to nominate outsiders as members of any such group.
- Consult with NCW: According to the National Commission for Women Act of 1990, the Central Government must consult the Commission on all policy decisions affecting women.
- Related to Procedure regulated by the Commission:
- The commission or a committee of the commission will convene as needed and at the time and location determined by the Chairperson.
- The Commission’s and the Committee’s procedures will be regulated by the Commission.
Constitutional Provision of National Commission for Women
- There are no provisions in the Indian Constitution that specifically mention the National Commission for Women, although there are several safeguards for women’s safety that are mentioned in Article 15 (3), Article 14, and other places.
Composition
National Commission for Women – Composition
The Commission shall consist of:
- The Central Government will designate a Chairperson who is committed to the cause of women.
- The Central Government nominated five members from among people of ability, integrity, and standing who have worked in law, legislation, trade unionism, management of a female-oriented industry, women’s voluntary organizations (including women activists), administration, economic development, health, education, or social welfare;
- At least one member from each of the Scheduled Castes and Scheduled Tribes shall be nominated by the Central Government; a Member-Secretary shall be nominated by the Central Government and shall be from the Scheduled Castes and Scheduled Tribes respectively:
- an expert in management, organizational structure, or sociological movement, or
- a member of the Union’s civil service or an all-India service, or an officer holding a civil post under the Union with appropriate experience.
Removal
Removal of National Commission for Women
- If a person becomes an undischarged insolvent, the Central Government may remove him or her from the position of Chairperson or member. Or,
- gets convicted and sentenced to prison for an offence that the central government considers to be morally reprehensible.
- becomes mentally ill and is declared as such by a full-court.
- refuses to act or loses the ability to act.
- is absent from three consecutive commission meetings without receiving leave of absence from the panel.
- The central government believes that the Chairperson or members have abused their positions to the point where their continued service is detrimental to the public interest.
- No individual shall be removed under this provision unless and until he or she has been given a reasonable opportunity to be heard in the issue.
Tenure
Tenure of National Commission for Women
The Chairperson and every Member shall hold office for such a period, not exceeding three years, as may be specified by the Central Government on this behalf.
Powers
Powers of the National Commission for Women
The Commission must have all of the powers of a civil court trying a case when examining any topic, including, in particular, the following:
- summoning and enforcing the attendance of any person from any part of India and examining him on oath,
- requires any document to be discovered and produced,
- obtaining evidence through affidavits
- obtaining a copy of any public record from any court or office,
- issuing commissions for witness and document examinations, and
- any other matter which may be prescribed.
Functions
Functions of the National Commission for Women
- Inquire into and evaluate all issues connected to the Constitution’s and other laws’ protections for women.
- Annual Report
- Report on the operation of those safeguards to the Central Government on an annual basis and at other times as the Commission sees suitable.
- Make suggestions in such reports for the Union’s or any state’s effective implementation of those protections for enhancing women’s conditions.
- Submit periodic reports to the government on any issue concerning women, including the different difficulties that women face.
- Review existing provisions of the Constitution and other laws affecting women on a regular basis and recommend revisions, as well as proposing remedial legislative actions to address any gaps, deficiencies, or flaws in such laws.
- Bring cases of violations of the Constitution and other laws affecting women to the attention of the appropriate authorities.
Look into complaints and take suo moto notice of matters relating to
- Deprivation of women’s rights.
- Non-implementation of legislation designed to protect women as well as fulfill the goals of equality and development.
- Non-compliance with policy choices, guidelines, or instructions aimed at alleviating hardships, safeguarding women’s welfare, and giving assistance, and bringing such issues to the attention of competent authorities.
- Participate in and provide suggestions on the planning process for women’s socio-economic development.
- Evaluate the Union’s and any State’s progress in the development of women.
Reports to be laid
Reports to be laid before the Houses
- The Central Government shall cause all the reports to be laid before each House of Parliament along with a memorandum explaining the action taken or proposed to be taken on the recommendations relating to the Union and the reasons for the non-acceptance, if any, of any such recommendations.
- When a report or portion of a report relates to an issue that is of concern to a State Government, the Commission shall submit a copy of the report or part to that State Government, which shall cause it to be brought before the State Legislature.
Issues
Issue related to National Commission for Women
- The Commission receives very little financial assistance to meet its needs.
- The National Commission for Women’s members are appointed by the government; thus, the commission has no authority to choose its members.
- There is no legislative authority conferred on the National Commission for Women. It’s only authority is to make suggestions for changes and provide reports.
Recent Context
Recent Context
- The National Commission for Women (NCW) has established a state-wide training and capacity-building initiative for women who work in the dairy industry.
- NCW is collaborating with agricultural institutions in India to create the training program, which will identify and train women working in dairy farming and adjacent industries in areas such as value addition, quality enhancement, and dairy product packaging and marketing.
- The first session under this project was held for women self-help groups at Lala Lajpat Rai University of Veterinary & Animal Sciences in Hisar on “Value Added Dairy Products.” The Haryana State Rural Livelihood Mission helped to organize the event.
List
List of the National Commission for Women
| Commission | Chairman | Year |
|---|---|---|
| 1st National Commission for Women | Mrs. Jayanti Patnaik | 1992 |
| 2nd National Commission for Women | (Mrs.) Mohini Giri | 1995 |
| 3rd National Commission for Women | Mrs. Vibha Parthasarathy | 1999 |
| 4th National Commission for Women | Dr. Poornima Advani | 2002 |
| 5th National Commission for Women | Dr. Girija Vyas | 2005 |
| 6th National Commission for Women | Mrs. Mamta Sharma | 2011 |
| 7th National Commission for Women | Ms. Lalitha Kumaramanglam | 2014 |
| 8th National Commission for Women | Ms. Rekha Sharma | 2017 |
Conclusion
Conclusion
- There is a need to raise awareness and educate ignorant women, particularly in rural regions, about the existence of such a commission to address their rights. The Commission should be able to select its own members.
- In India, the National Commission for Women is effective since there is still room for improvement.
