National Commission for Women (NCW)

National Commission for Women (NCW)

This article covers “Daily Current Affairs” and the topic details “National Commission for Women”. The topic “National Commission for Women” has relevance in the “Indian Polity and Governance” section of the UPSC CSE exam.

For Prelims:

What is the National Commission for Women? IComposition? Functions? 

For Mains:

GS2: Statutory, regulatory and quasi judicial bodies

Why in the news?

National Commission for Women (NCW) has condemned incidents in Manipur and Rajasthan, takes suo-motu cognizance, and directs respective state’s DGP to act promptly.

 

National Commission for Women (NCW)

Established in 1992 through the National Commission for Women Act, 1990, it functions as a statutory body with the following objectives:

  1. To assess the Constitutional and Legal protections for women.
  2. To propose necessary legislative actions for improvement.
  3. To assist in resolving women’s grievances.
  4. To provide guidance to the Government on policies impacting women.

 

NCW AT A GLANCE
Constitution of NCW The Union Government shall establish the under the National Commission for Women Act, 1990  Act.
Composition of the Commission Chairperson
Five Members nominated by the Union Government
Inclusive of individuals with expertise in various fields such as law, trade unionism, management, women’s organizations, administration, etc.
At least one Member each from Scheduled Castes and Scheduled Tribes.
Term of Office Chairperson and Members’ tenure not exceeding three years, as specified by the Union Government.
Members can resign by notifying the Union Government in writing.
Conditions of Service The terms and conditions of service for the Chairperson and Members shall be determined by the Union Government.
Functions
  • Investigate and examine women’s safeguards under laws and the Constitution.
  • Present regular reports to the Central Government on safeguard functioning.
  • Recommend legislative measures to improve women’s conditions.
  • Review and suggest amendments to laws affecting women.
  • Take up cases of women’s rights violations with appropriate authorities.
  • Address women’s complaints and non-implementation of laws.
  • Conduct special studies on discrimination and propose strategies.
  • Research to promote women’s representation and identify barriers.
  • Advice on socio-economic development planning for women.
  • Evaluate women’s progress under the Union and States.
  • Inspect jails, remand homes, women’s institutions for remedial actions.
  • Fund litigation on issues affecting many women.
  • Submit periodic reports to the Government on women-related matters.
  • Address other matters referred by the Central Government.
  • Reports presented to Parliament with actions on recommendations. 
  • NCW has civil court powers for investigations.

 

Significance of NCW

  • Providing legal aid to women: The NCW offers legal aid to women who have been victims of violence or discrimination. This includes providing them with free legal advice and representation in court.
  • Monitoring the implementation of laws and policies: The NCW monitors the implementation of laws and policies that affect women, ensuring they are being applied in a gender-sensitive manner.
  • Advocating for women’s rights: The NCW advocates for women’s rights at both the national and international levels. This includes raising awareness about women’s issues and advocating for changes to laws and policies.
  • Conducting research: The NCW conducts research on issues affecting women, which informs their advocacy work and provides valuable insights into the challenges facing women in India.
  • Providing training and capacity-building: The NCW offers training and capacity-building programs to organizations and individuals working on women’s issues, thereby enhancing the skills and knowledge of those promoting women’s rights.

Specific examples of how the NCW has tackled problems faced by women:

  • In 2005, the NCW played a key role in the passage of the Protection of Women from Domestic Violence Act. This law has provided much-needed protection to women who are victims of domestic violence.
  • The NCW has also been involved in the fight against human trafficking. In 2012, the NCW launched a national campaign to raise awareness about human trafficking and to provide support to victims.
  • The NCW has also been working to improve the representation of women in decision-making positions. In 2015, the NCW launched a campaign to encourage women to run for office.

 

Challenges Faced by the National Commission for Women (NCW) in India:

  • Silence on Sexual Violence in Militarized Areas:The Commission’s limited action regarding the use of sexual violence against women by police and army personnel in Jammu and Kashmir, north-east, and Chhattisgarh has raised concerns and criticism.
  • Ineffectiveness in Tackling Women’s Issues:Criticism has been directed at the NCW for its perceived inability to strategize and effectively address problems faced by women in both public and private spheres.
  • Controversy over Reports:NCW faced controversy over its handling of the report on the Mangalore pub attacks, leading to the removal of a member on disciplinary grounds.
  • Criticism of Recommendations:Recommendations concerning section 497 of the Indian Penal Code, which deemed women as victims rather than offenders in adulterous cases, came under fire.
  • Influence of Patriarchy on Members:Instances of bias and prejudice within the Commission have been attributed to the prevailing patriarchy in society.
  • Limited Enforcement Power:Critics describe the NCW as toothless and spineless since it lacks the authority to enforce its decisions. Its role is largely recommendatory.
  • Lack of Control over Internal Complaint Committees:NCW is unable to take legal actions against Internal Complaint Committees with lax attitudes towards addressing women’s workplace harassment grievances.
  • Financial Constraints:The Commission’s functions are reliant on grants from the central government, which have been insufficient to meet its needs adequately.
  • Political Interference in Member Selection: NCW’s inability to choose its own members exposes it to politicisation due to the nature of India’s volatile political scenario.
  • Absence of Constitutional Status: NCW’s lack of constitutional status restricts its legal powers, preventing it from summoning police officers or witnesses when required.

 

To empower the National Commission for Women (NCW) in India, essential steps include granting constitutional status, ensuring financial independence, unbiased member selection, collaboration with civil society, prompt implementation of recommendations, and increased outreach. These reforms can strengthen the NCW’s advocacy for women’s rights and foster a more inclusive society.

 

Sources:

National Commission for Women had been apprised of Manipur video incident on June 12 – The Hindu

Yojna daily current affairs eng med 24th July 2023

 

Q1. With reference to National Commission for Women (NCW) , consider the following statements: 

  1. The National Commission for Women (NCW) was established in 1992 through the National Commission for Women Act, 1990. 
  2. The Chairperson and Members of the NCW serve a tenure of five years, as specified by the Union Government, and they cannot resign before completing their term. 
  3. One of the functions of the NCW is to inspect jails, remand homes, and women’s institutions for remedial actions to ensure the well-being of women in such establishments. 

Which of the statements given above is/are correct?

(a) 1 and 2 only

(b) 2 and 3 only

(c) 1 and 3 only 

(d) None 

Answer: (c) 

 

Q2. Consider the following bodies:

  • National Commission for Women (NCW)
  • National Commission for Scheduled Tribes (NCST)
  • National Human Rights Commission (NHRC)
  • Rashtriya Mahila Kosh (RMK) 

How many of the above mentioned bodies are statutory bodies ?

(a) Only one 

(b) Only two 

(c) Only three 

(d) All Four 

Answer: (b)

Q3. Examine the constitutional and legal framework governing the National Commission for Women (NCW) in India.

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