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NATIONAL COMMISSION FOR WOMEN

SUBJECT NAME:
SOCIOLOGY-II
NAME OF THE FACULTY:
Prof. LAXMIPATHIRAJU
NAME OF THE CANDIDATE:
PAVANI.L
ROLL NO:
2018062 ( SEMSTER – I)
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ACKNOWLEDGEMENT:
I would sincerely like to put forward my heartfelt appreciation to our respected Political
science Prof. LAKSHMIPATHI RAJU for giving me a golden opportunity to take up this
project regarding – NATIONAL COMMISSION FOR WOMEN. I have tried my level best
to collect information about the project in various possible ways to depict the clear picture
about the given project topic.
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ABSTRACT:
World can never be a complete circle without a woman. Women play variant key roles in the
society since their birth and until the end of their life. Even after playing their job in an
efficient manner, she is weak. Not because men are strong but because of no proper
authorised body to look after the welfare of laws concerned with women’s progress. Since
ages, they were only allowed to live beneath the shadow of their husbands and fathers.
Moreover, they are the victims of the heinous crimes like rape, eve teasing, female
infanticide, dowry, domestic violence, child marriage and acid throwing. Until 1992, there is
no particular legally authorised body to look after and to investigate all matters relating to the
safeguards provided for women under the Constitution and other laws pertaining to women’s
development. The National Commission for Women (NCW) was established in
January 1992 under the provisions of the Indian Constitution, as defined in the 1990 National
Commission for Women Act. Law is the set of rules enforced to govern the behaviour of
people which is why, most often law is regarded as social control tool.

Eventually, protests for rights of women succeeded in making laws whose objective is to
secure the lives of the women from various uncountable violences of the families and
societies, and to provide them with their rights of which they are the owners. It shows how,
framing a statutory body, the law of our country has contributed, by reconstructing itself, its
best to change the lives of women, to make them live with dignity and respect not as a slave.
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OBJECTIVE OF THE STUDY:

The objective of this research study is to place emphasis on the dominant commission, which
strives for advancement of women in every supreme aspect of society, which is concerned
with women’s development.

SIGNIFICANCE OF THE STUDY:

Understanding this study assists everyone to understand the grassroot approach of National
Commission for women (NCW) for the betterment of laws that aids in increasing women’s
welfare and progress.

SCOPE OF THE STUDY:

This research study will be focusing on background of women empowerment and
enforcement of laws for women empowerment. The impacts of women empowerment are
global in scope and unprecedented in scale which is why, it is constantly and continually a
globally concerning issue.

REVIEW OF LITERATURE:
1. Feminism and Politics: A Comparative Perspective by Joyce Gelb.
2. Women and Law: Critical Feminist Perspectives edited by Kalpana Kannabiran.
The researcher would also like to rely upon ‘primary’ and ‘secondary’ for the research.
Mainly, articles and online resources would be given a major importance.

RESEARCH METHODOLOGY:
This research is based on descriptive approach and it is a fact based approach which studies
the emergence of laws that aid in progress of women.

HYPOTHESIS:

Empowerment of women is a holistic concept. It is multidimensional in its approach and

covers economic political, social, cultural and familial aspects.
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TABLE OF CONTENTS:

INTRODUCTION..........................................................................................................6
HISTORY OF THE COMMISSION............................................................................8
GENESIS OF THE COMMISSION.............................................................................9
ABOUT THE COMMISSION.....................................................................................12
MANDATE OF THE COMMISSION........................................................................14
GRIEVANCE & COUNSELLING FUNCTIONS.....................................................16
LEGAL FUNCTIONS..................................................................................................19
ACCOMPLISHMENS OF THE COMMISSION......................................................21
RECOMMENDATIONS & CONCLUDING STATEMENTS.................................23
BIBLIOGRAPHY.........................................................................................................25
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INTRODUCTION:
Since the mid-nineteenth century, women’s movements have sought to influence almost all
state policies with a broader view to include women issues and perspectives and to increase
women’s representation and, participation at global level. As a result of this activism and
gradual transformation which was set in motion by the women’s movement, governments in
various countries, especially in the third world took steps to reform and to reorganise existing
laws, incorporated policy directives on women and their development in the planning
process. 1Moreover, by that time, many of the governments have already took the initiation of
women specific programmes and projects. Since the mid seventies, there has also been a
global debate to eliminate women’s inequality through effective mechanisms that could
efficiently implement the new commitment and determination to strive for women’s equality
and participation and to keep a systematic review on its results.

In India, the establishment of Women's Welfare and Development Bureau and a National
Plan of Action in 1976 followed the Report of the Committee on the Status of Women in
India. The recommendations of the World Plan of Action for the International Women’s
Decade included the creation of such national agencies, as well. As a result of which,in the
late 1970s, the cells, bureaus, departments or ministries to keep safe the interests of women
started becoming a significant part of governmental structures.

The experience of women’s groups with such and other state agencies have led to the debate
as to whether or to what extent these new forms of organisations have been able to carry
forward the feminist agenda of women’s movements and also have been able to incorporate
practices consistent with feminist values of broad participation in those arenas.

If women still continue to exist on the periphery of planning and the political process, it
implies that such initiatives have failed to succeed in achieving the objective of
mainstreaming or integrating women in development. In India, too, as the national machinery
evolved and as India was in the view of responding to the demands of women’s movements
and initiatives of UN, the discussions and debates within and outside the movement
continued on as to what kind of mechanisms would yield best results. Overtime an
assessment of mechanisms so created has mostly been negative, as it has come out from a
critical examination of the nature of government response to questions of gender, structures,

1
Sadhna Arya, The National Commission for Women: A Study in Performance, FINAL REPORT NCW( March
20th, 2019, 13:45), http://www.cwds.ac.in/wp-content/uploads/2016/11/NCWreport.pdf
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agencies and programmes, action plans and state policies and state initiatives that has been
done with a view to understand whether there have been gaps in conceptualizing gender
issues within governance, or there are problems at the implementation level or there are not
enough spaces available to women to influence policy and processes for bringing required
changes. The policy documents of the State have incorporated the rhetoric of gender
progressive perspectives and the documents most freely use the vocabulary of
'empowerment', equity, development, justice, and rights of women, increasing the capabilities
and participation of women etc. without any comparable change in the position of women in
Indian society. And while there have been some efforts to amend laws with a view to make
them gender just, the changes have not been requisite. At the policy making level too,
improving women's rights in property and their access to other productive resources has not
become a priority issue.

The National Commission for Women was set up as statutory body in January 1992 under
the National Commission for Women Act, 1990 (Act No. 20 of 1990 of Govt.of India) to:

• review the Constitutional and Legal safeguards for women;

• recommend remedial legislative measures;

• facilitate redressal of grievances and

• advise the Government on all policy matters affecting women.

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

The Commission completed its visits to all the States/UTs except Lakshadweep and prepared
Gender Profiles to assess the status of women and their empowerment. It received a large
number of complaints and acted suo-moto in several cases to provide speedy justice. It took
up the issue of child marriage, sponsored legal awareness programmes, Parivarik Mahila Lok
Adalats and reviewed laws such as Dowry Prohibition Act, 1961, PNDT Act 1994, Indian
Penal Code 1860 and the National Commission for Women Act, 1990 to make them more
stringent and effective. It organized workshops/consultations, constituted expert committees
on economic empowerment of women, conducted workshops/seminars for gender awareness
and took up publicity campaign against female foeticide, violence against women, etc. in
order to generate awareness in the society against these social evils.
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History of National Commission for Women

It was set up as statutory body in January 1992 under the National Commission for Women
Act, 1990 ( Act No. 20 of 1990 of Govt. of India) to review the Constitutional and legal
safeguards for women; recommend remedial legislative measures, facilitate redressal of
grievances and advise the Government on all policy matters affecting women. The
Committee on the Status of Women in India (CSWI) recommended nearly two decades ago,
the setting up of a National Commission for women to fulfill the surveillance functions to
facilitate redressal of grievances and to accelerate the socio-economic development of
women. Successive Committees / Commissions / Plans including the National Perspective
Plan for Women (1988-2000) recommended the constitution of an apex body for women.
During 1990, the central government held consultations with NGOs, social workers and
experts, regarding the structure, functions, powers etc. of the Commission proposed to be set
up. In May 1990, the Bill was introduced in the Lok Sabha.

In July 1990, the HRD Ministry organized a National Level Conference to elicit suggestions
regarding the Bill. In August 1990 the government moved several amendments and
introduced new provisions to vest the commission with the power of a civil court. The Bill
was passed and received accent of the President on 30th August 1990. The First Commission
was constituted on 31st January 1992 with Mrs. Jayanti Patnaik as the Chairperson. The
Second Commission was constituted on July 1995 with Dr. (Mrs.) Mohini Giri as the
Chairperson. The Third Commission was constituted on January 1999 with Mrs. Vibha
Parthasarathy as the Chairperson. The Fourth Commission was constituted on January 2002
and the government had nominated Dr. Poornima Advani as the Chairperson. The Fifth
Commission has been constituted on February 2005 and the government has nominated Dr.
Girija Vyas as the Chairperson.
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THE GENESIS OF THE NATIONAL COMMISSION FOR WOMEN

As mentioned earlier, the demand for setting up a National Commission for Women was
raised for the first time by the Committee on the Status of Women in India in 1974, which
brought out first exhaustive report on the status of women in India after independence. The
report noted the absence of women’s perspective in the overall development process and the
indifference of policy-makers and planners was forcefully documented. In view of this it
endorsed the recommendation given by the UN Commission on the Status of Women in its
25th report for a statutory and autonomous Commission “with a mandate to review, evaluate
and recommend measures and priorities to ensure equality between men and women in all
sections of national life”.

The body perceived by the Committee right from the beginning was an autonomous, statutory
body. Referring to the proposal for a Commission, the report says, “We have given careful
consideration to this type at the State and National levels. We also believe that it is
imperative for such commissions to have certain recommendatory and mandatory powers as
well as statutory, autonomous status if they are to be effective in their functions.” The
Committee recommended the constitution of statutory, autonomous Commissions with a
broad based and representative composition at the Centre and the States and suggested four
functions that the Commission should perform. These included - (a) Collection of
information on different matters e.g. education, employment, health, welfare, political
participation, impact of social legislation etc., from the concerned agencies of the
Government and to suggest improved methods of data collection, (b) evaluation of existing
policies, programmes and laws that have a bearing on the status of women and to suggest
amendments or improvements,(c) recommend to Parliament or to the State Legislature, new
laws, policies, or programmes with a view to implementing the stated objectives and policies.
The Government concerned should be responsible to consider such recommendations for
action or to explain their non-acceptance within a stipulated period, (d) redress of grievances
in cases of actual violation of existing laws. The Committee recommended a broad based
composition of the Commission; with one category being selected for their representative
status, from different bodies engaged in problems affecting women in different sectors of
society. For this purpose a panel of names could be invited from leading women’s
organizations, trade unions, legislative and legal bodies and employers from both public and
private sectors and a selection made out of this panel. The second category would need to
consist of experts from the fields of law, health, education, social research, planning and
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administration. It was suggested that majority of the members of the Commission should be
women. It was also suggested that the Commission should be allowed to co-opt two members
in case certain sectors remained unrepresented and needed to be given the power to appoint
their Secretariat including the Secretary. Though the report was placed before the Parliament
and a unanimous resolution was adopted asking the government to take all necessary
legislative and other measures to ‘remove disabilities and disadvantages that Indian women
continued to suffer from’, no action was taken on establishing the Commissions for the next
decade and a half. Meanwhile the governments did take certain policy measures and created
certain mechanisms to look into the issues and concerns of women. The imposition of
internal emergency in 1975 slowed down the process of a follow up action of the report. In
1981, Joint Committee of Parliament to review rape and dowry laws among other things
recommended the setting up of a National Commission for Women with statutory powers
both at the Centre and State levels. No steps were, however, taken to implement this
recommendation by the then government. In fact nothing much happened on this front for
many years though the period did see some other initiatives like creation of Department of
Women and Child Development under the Ministry of Human Resource Development, New
Education Policy, a Chapter on Women and Development in the Sixth Plan. In 1987, the
government appointed a National Commission on Self-Employed Women (NCSEW) with
broad terms of reference to make a comprehensive study of the working conditions of women
in the self-employed sector, which was later expanded to include “all unprotected women
labour in the country and extend to women in the informal sector.” The NCSEW
recommended that a Labour Commissioner for women in the unorganized sector be
appointed to look into the problems of women working in this sector. In 1988, in the National
Perspective Plan a proposal for Commissioner within the Department of Women and Child
Development surfaced.

The women’s groups saw the creation of the position of a Commissioner for women’s rights
as negation of their long standing demand for the setting up of a national and autonomous
commission for women. In their critique of the National Perspective Plan, they very clearly
made their position clear2. They pointed to the abysmal failure of the Commissioner for
Scheduled Caste and Tribes to prevent atrocities against these groups and argued that “even
with the backing of a constitutional mandate there is little hope that one officer in the

2
Refer Draft National Perspective Plan 1988-2000: A Perspective from Women’s Movement
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Department of Women and Child Development, with the glorified title of the Commissioner
would be able to deal with the problems of women across the country.”

The debates at this point of time revolved more around “Commission vs Commissioner”, and
while an Apex Body in the form of a Commissioner for Women’s Rights was not acceptable,
the demand for setting up of an autonomous National Commission for Women started
gaining ground. It was in 1990, that the Government of India decided to set up a National
Commission for Women. In addition to national and international factors, discussed earlier
there were also political factors that motivated the creation of the NCW at this point of time.
Because of the successful politicization of women issues by the women’s movements, it was
no longer possible for the political parties to ignore women as a political constituency. While
as a result of the women’s movement women’s issues became part of the public and political
agenda of political parties, it was also a fact that the movement was also facing newer
challenges, as the whole gender question seemed to become more and more complex. Though
many of the issues were still the same, in the changed political context, the interventions
demanded were of a different nature. 3Apprehensions on the effectivity of such a body
amongst the various sections of women’s movements need to be seen in this background. As
the government showed its eagerness to establish such a Commission and the women’s
groups started debating the nature and composition of this body, doubts about its efficacy in
the changed political context and in view of experiences of other such bodies also surfaced.
There were suggestions to seriously reconsider this demand. While it is within this context
that the role and performance of the Commission needs to be examined, the issues and
concerns that dominated the debates at the time of the constitution of the Commission are
also to be understood in the same context.

AN OUTLOOK OF THE COMMISSION

It is said that the most ideal approach to think about society, a human progress and a culture,
endeavour to know as much conceivable about the ladies. In India, ladies have made
considerable progress from the uncommon ladies researchers and sages of the Vedic age to
the ladies in various parts of society and human advancement today, for example, the

3
Women and Law: Critical Feminist Perspectives edited by Kalpana Kannabiran, pg. 45-47.
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military, expressions, data innovation, governmental issues and various comparable divisions
which have generally been male ruled, while at the same time adjusting the jobs of spouse,
mother and little girl. While Indian ladies have battled against the male centric Indian culture
and triumphed at numerous dimensions, instances of assault, share passings, female child
murder, inappropriate behavior at working environments, female absence of education, and
comparable issues are as yet wild in Indian culture. It was in this background the Committee
on the Status of Women in India (CSWI) the foundation of the National Commission for
Women to satisfy the observation capacities and to encourage redressal of complaints and to
quicken the financial advancement of ladies.

The rule of sexual orientation balance is cherished in the Indian Constitution. The Preamble
advances Equality of status and of chance; the Fundamental Rights cherished in Part III of the
Indian Constitution and Directive Principles revered in Part IV of the Constitution all
advance sex equity. The Constitution gifts equity to ladies as well as made exceptional
arrangements for guaranteeing balance Thus, according to the proposals of the CSWI and so
as to maintain the command of the Constitution, in January 1992, the National Commission
for Women (NCW), was set up as a statutory body under the National Commission for
Women Act, 1990 (Act No. 20 of 1990 of Government of India) to complete the command
set by the Act just as Committee on the Status of Women in India (CSWI).

About The Commission

This part goes for advising the per user of the requirement for a commission, for example, the
National Commission for Women and the catalyst for its foundation in 1992. The section
further looks at the connection between the constitution and the commission, the command
given by the constitution just as the essential authoritative set up of the commission according
to the constitution.

Significance of The commission:

Ladies as a class neither have a place with a minority bunch nor are they viewed as a
regressive class. India has customarily been a man centric culture and along these lines ladies
have dependably experienced social debilitations and inabilities. It along these lines wound
up important to make certain ameliorative strides so as to improve the state of ladies in the
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generally male ruled society.The Constitution does not contain any arrangement explicitly
made to support ladies thusly. In spite of the fact that Article 15 (3), Article 21 and Article 14
are agreeable to ladies; they are increasingly broad in nature and accommodate making any
exceptional arrangements for ladies, while they are not in themselves such arrangements.

The Supreme Court through interpretive procedures has attempted to stretch out certain
protections to ladies. Through decisions in cases, for example, Bodhisattwa Gautam v.
Subra Chakraborty.4 Furthermore, the Chairman Rly Board v. Chandrima Das5 case,
where assault was proclaimed as grievous wrongdoing, just as the milestone judgment in
Visakha v. Province of Rajasthan 6. The courts have attempted to improve the social status
of Indian ladies. Be that as it may, these have scarcely done the trick to improve the situation
of ladies in India. Subsequently, in light of these conditions, the Committee on the Status of
Woman (India) just as various NGOs, social specialists and specialists, who were counseled
by the Government in 1990, suggested the foundation of a peak body for lady.

The absence of protected apparatus, legal capacity and social intrigue shaped the driving
force and requirement for the development of the National Commission for Women. It is
evident from the earlier referenced conditions and issues that ladies in India, however in a
superior position than their precursors, were incapacitated, as it were, in the mid 1990s and
these debilitations and shameful acts against Indian ladies incited the Indian Government to
establish the principal National Commission for Women in 1992. 7,

The Constitution of the Commission:

The National Commission for Women Act, 1990 (Act No. 20 of 1990 of Government of
India) established the National Commission for Women as a statutory body. The principal
commission was established on 31st January 1992 with Mrs. Jayanti Patnaik as the
Chairperson.

4
AIR 1996 SC 922
5
AIR 2000 SC 988
6
AIR 1997 SC 3011
7
http://ncw.nic.in/ (last accessed on Apr.10, 2019 12:43 A.M)
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The Act of 1990 under Section 3 accommodates the constitution of the commission. This
segment sets out that the commission will comprise of one Chairperson, who is focused on
the reason for ladies, five individuals from different fields and a part secretary who will be a
specialist in the fields of the executives, hierarchical structure, sociological development or
an, individual from the common administration of the Union. Every one of the individuals
from the commission are named by the Central Government.

Every individual holds office for a time of five years or till he achieves the age of seventy.
No less than one part every one of the Commission must have a place with a Scheduled Caste
or Scheduled Tribe. Notwithstanding the previously mentioned individuals from the
Commission, the Commission has the ability to set up councils with individuals from outside
the Commission.

The Mandate of the Commission:

Area 10(1) of the Act of 1990 gives a fourteen-point command to the National Commission
for Women. A general outline of the order has been given and a couple of critical conditions
have been talked about.

Extensively the Commission's order can be partitioned under four heads –

(a) Protect of privileges of ladies allowed by the constitution and laws,

(b) Consider issues looked by ladies in the present day and make proposals to annihilate these
issues,

(c) Assessing the status of Indian ladies every once in a while and

(d) Subsidizing and battling cases identified with ladies' rights infringement.

(a) Safeguard Rights of Women:

These are cherished in sub conditions (a) – (e) of Section 10 (1) of the Act. They anticipate
that the Commission should inspect the protections for ladies given by the law and the
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Constitution. The Commission is to submit reports about these protections and make
suggestions about the usage of the equivalent. The Commission is likewise expected to
survey these protections intermittently to distinguish and cure any lacunae and
insufficiencies. The Commission is likewise enabled to take up cases including the
infringement of the cases.

(b) Study of issues looked by ladies:

These are mostly cherished in sub conditions (g) – (I) of Section 10 (1) of the Act. As per
these sub provisions, the Commission is to complete examinations including the issues
emerging out of victimization lady and give solutions for these issues. According to this piece
of the order, the Commission is additionally expected to prompt the legislature about the
socio – financial improvement of ladies dependent on these investigations.

(c) Evaluating status of Indian ladies

Sub provisions (j) – (n) of the previously mentioned segment of the Act manages these
obligations of the Commission.

The Commission, as indicated by these rules, has the duties of the assessing the status of
Indian ladies under the Union Government and State Governments. It is to assess and assess
the states of confinement homes and other such offices in which ladies might be kept and
manage the suitable experts so as to improve the state of such places. These assessments are
to be submitted to the Government through occasional reports and suggestions. Battling cases
identified with ladies' rights infringement: certain provisions in the order likewise engage the
Commission to take up arguments identified with oppression ladies, ladies' correct
infringement and store cases which include the privileges of countless. Sub condition (f) of
Section 3 of the Act of 1990 enables the Commission to take suo moto notice of issues
identifying with ladies' correct hardship, non – execution of laws authorized to secure ladies
and non – consistence of strategies and rules for moderating hardships of ladies, in such
issues the Commission is engaged to approach the suitable specialists and look for cures.

Elements of the Commission

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Through this part the scientist will quickly layout the techniques received by the Commission
so as to complete the order talked about in 2.3. As brutality and victimization ladies is multi –
faceted in nature, the Commission has received a multi – pronged technique to battle the
issue. This technique is comprehensively isolated into three classifications – the directing, the
legitimate and the examination elements of the Commission.

The Commission will comprise of

(a) A Chairperson, focused on the reason for ladies, to be named by the Central Government.

(b) five Members to be designated by the Central Government from among people of
capacity, trustworthiness and standing who have had involvement in law or enactment,
exchange unionism, the board of an industry capability of ladies, ladies' intentional
associations ( including ladies lobbyist ), organization, monetary improvement, wellbeing,
instruction or social welfare;

Given that somewhere around one Member each will be from among people having a place
with the Scheduled Castes and Scheduled Tribes individually

Grievance and Counselling Functions:

The center unit of the Commission is viewed as the Complaint and Counselling Cell and it
forms the grievances got oral, composed or suo moto under Section 10 of the NCW Act. The
grievances got identify with aggressive behaviour at home, provocation, share, torment,
abandonment, plural marriage, assault and refusal to enrol FIR, savagery by spouse,
deduction, sex separation and inappropriate behaviour at work spot. Amid 1999, the
Commission got 4329 grumblings identified with the above kinds of wrongdoings against
ladies.

The major recommendations made by the women’s groups in their joint critique of the bill
indicate that their vision of a National Commission for Women was of a body that would not
only monitor the state policies that have ignored women specific needs and but in the context
of the prevalent discrimination and violence against women at the level of family, community
and society, also look at the sharp gender bias of existing legislation, an overloaded judicial
system and insensitive police force, to become a workable forum for redressing these defects.
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The NCW was also viewed differently from earlier mechanisms, in the sense that while
earlier machinery created by the State was part of the governmental setup to look after the
interests of women, to incorporate them in policy and law and work towards their
implementation, the NCW was to be a monitoring and watchdog body, though created by the
State, but to ensure that the state carries out its responsibility towards the poor, the
marginalized and the deprived women, to ensure that the constitutional goal of equality is
translated into practice and to ensure that women’s perspective and their lived experiences
are incorporated in the policies of the government. In that sense it ought to be an autonomous
body.

The process of setting up the Commission reveals the concerns of women’s groups for the
creation of a body that is not only a statutory one but is autonomous in its functioning. A
review of the process of setting up of the NCW indicates that right from the beginning three
major issues dominated the debates within and outside the Parliament between the
government and the women’s organizations.

These were:

(i) status,

(ii) composition and structure and

(iii) functions and powers of the NCW.

The consultative process that was started by the then government reveals that while the
government was over anxious to pass the bill for the setting up of the Commission, the
women’s organisations were more concerned about the powers, functions and status of the
Commission and its relationship with the government. The government did start a process of
consultation with the women’s organisations by holding a Conference on the proposed setting
up of the National Commission for Women on 5th February 1990.

The Department of Women and Child Development circulated a note at this meeting with
details of its proposals. The government note and the processes that followed indicated that
there were substantial differences of perception on the status and role of the Commission on
the part of women’s organizations and the government. The government wanted to create the
Commission by an executive order with no attribute of autonomy. With no judicial powers
for the Commission, the Government proposal intended to reduce the Commission to a mere
recommendatory body. The highly inadequate proposal got the women’s groups into hectic
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deliberations and strategising, amongst themselves and with government so that the
Commission for Women turns out to be body that is statutory, autonomous and with real
powers. The seriousness with which the whole issue was taken up by the Women’s
organisations is evident from the fact that they held their own meetings as well as joint
meetings to analyse and critique the initial government proposal and the subsequent hastily
drafted Bill.

The groups also wrote individually as well as collectively to the concerned Ministries and
Departments to communicate their concerns and to ensure that the Commission is created as a
statutory and autonomous body. While this initiative of the Government was appreciated by
the women’s organisations so that to strengthen the consultative process, there were key areas
of difference. During the course of consultations women’s organisations made their
objectives and demands regarding the status, functions, powers and composition of the NCW
extremely clear to the Government. They categorically rejected the department’s proposal to
establish the Commission by an executive resolution and observed that unless it is a statutory
body with autonomy and powers to take the government to task for its acts of omissions and
commissions, the utility of the Commission would remain questionable.

This cell embraces a three-point strategy to manage the referenced issues:

# Investigations by the police are facilitated and observed.

# Family question are settled or bargained through guiding.

# if there should arise an occurrence of genuine violations, the Commission comprises an

Inquiry Committee, which makes spot enquiries, analyzes different observers, gathers proof
and presents the report with suggestions. Such examinations help in giving prompt alleviation
and equity to the casualties of savagery and barbarities. The execution of the report is
checked by the NCW. There is an arrangement for having specialists/attorneys on these
advisory groups.

Various such request councils have been set up more than fourteen years so as to battle
numerous difficult issues. Panels were set up to explore the supposed police monstrosities
and bad conduct with young lady understudies of Kurukshetra University the instance of
assault of a multi-year elderly person in Safdarjung Hospital, the instance of an assault of 15
years of age young lady at Lucknow and other such genuine and terrible wrongdoings against
ladies.
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The quantity of objections enrolled with this cell has expanded from an aggregate of 4293 out
of 1999 – 2000 to a sum of 5462 out of 2003 – 04. This expansion might be translated as a
positive sign and one flagging the accomplishment of this wing of the Commission. It
likewise shows the expanding believe that ladies are putting resources into the Commission
all in all.

Legal Functions:

As referenced in 2.3, a substantial piece of the Commission's order is identified with lawful
research for shields of ladies, lawful intercessions, suggestions on bills and comparable issues
identifying with the legitimate arrangement of India. The legitimate cell of the Commission
was set up so as to manage these capacities. The exercises of this cell can be partitioned into
three classifications:

(a) Legitimate alterations proposed

(b) New laws and bills proposed and

(c) Court intercessions.

(a) Legal Amendments:

The Commission's command necessitates that it investigate and improve existing laws every
now and then. The Commission has proposed sixteen alterations till date The commission has
tried to revise the Indian Penal Code, 1860 so as to check the closeout of minor young ladies;
the Hindu Marriage Act, 1955, so as to exclude epilepsy as reason for separation; the Dowry
Prohibition Act of 1961, so as to get the issues of Dowry passings to the lime light and
manage them fittingly and the NCW Act, 1990, so as to increase more prominent
independence and ward inside the nation. Notwithstanding these there are various different
Acts and Bills, which the Commission has looked to, change however because of the scarcity
of room the analyst is unfit to examine them here.

(b) News Bills Proposed:

Over the span of fourteen years the Commission has proposed an aggregate of seven bills and
has drafted one show for SAARC identifying with dealing of ladies and youngsters. Among
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different bills the Commission proposed the Marriage Bill, 1994; the Criminal Laws
(Amendment) Bill, 1994 (with reference to tyke assault); the Criminal Laws (Amendment)
Ordinance, 1996 and the Domestic Violence to Women (Prevention) bill, 1994. The
Protection of Women from Domestic Violence Bill was passed in 2005.

(c) Court Intervention:

The Commission has interceded in various court cases, all together help ladies whose rights
have been disregarded; of these cases the analyst may most likely notice few of the more
unmistakable ones. The Commission interceded in Bhateri assault case and upheld the person
in question and accommodated her security. In the Maimon Baskari's Nuh case the
Commission battled for the privilege of the injured individual to wed her very own individual
decision and against out dated traditions. In the matter of Fakhruddin Mubarak Shaik v.
Jaitunbi Mubarak Shaik8 the Commission interceded to look for support past the iddat
period for Muslim ladies. The Commission was additionally mostly dependable the moves
made in the Imrana and Marine Drive assault cases.

Research Functions:

The exploration cell of the Commission is that organ of the Commission that investigates the
rising issues of Indian ladies because of separation and sexual orientation inclination. This
phone is additionally in charge of teaching ladies about their rights through an assortment of
courses, workshops, meetings and formal reviews. This cell has additionally sorted out
different unique examinations and set up master panels to investigate and propose solutions
for issues, which have advanced as of late. As of now the cell is managing issues identified
with Gender and Law Enforcement, Impact of Displacement of Women, Sexual Harassment
at Workplace, Issues concerning Prostitution and Political Empowerment of Women.

The three previously mentioned organs of the Commission have been very fruitful in doing
the command which the Commission was given by the Act of 1990. Among the three cells, it
is maybe the Counseling cell which has been best since it is that cell of the Commission
which is in direct contact with the general population. Different cells, while similarly

8
2000 (1) BomCR 696
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effective, manage the distinctive organizations of the Government and are hence not all that
generally acclaimed.

Accomplishments of the Commission

The accompanying part will, in all respects quickly, abridge the accomplishment, features
and achievements of the Commission since its beginning in 1992.

The grumblings and advising cell of the Commission is maybe the best organ of the
association, in delineation:

Ms. Rupali Jain was re-established as an instructor, because of the activities of the
Commission, after her administrations were ended at a school kept running by a non –
legislative association, with no generous reasons. In another issue, Smt. Savitri, moved
toward the Commission in regards to misuse of her not too sharp girl, who, alongside her
youngster, has been betrayed by her significant other and in laws, supposedly because of her
incapacities. The Commission took up the issue and the spouse was found, directed and is as
of now consented to restore with his significant other and little girl.

The Commission was likewise fruitful in verifying the arrival of Mrs. Sudha Bala (name
changed) who was supposedly assaulted by BSF faculty in mid 2002. The unfortunate
casualty alongside her young little girl was wrongly kept in Presidency Jail in Kolkata, after
the supposed assault. The issue was taken up by the Commission for the arrival of assault
injured individual from the prison. The Commission's activities brought about the arrival of
Mrs. Das from prison, who was surrendered to safe guardianship to her sibling. 9

Other than these accomplishments, the Legal Cell of the Commission has proposed changes
to various Acts and has proposed various new bills. The Commission has proposed alterations
to the Hindu Marriage Act, 1955, Medical Termination of Pregnancy Act, 1971 and the
Indian Penal Code, 1960. The Commission has likewise proposed bills, for example, the
Marriage Bill of 1994, the Domestic Violence to Women (Prevention) Bill of 1994 and the
Prevention of Barbarous and Beastly pitilessness against Women Bill, 1995 among others.

9
Sadhna Arya, The National Commission for Women: A Study in Performance, FINAL REPORT NCW( March
20th, 2019, 13:45), http://www.cwds.ac.in/wp-content/uploads/2016/11/NCWreport.pdf
22 | P a g e

A portion of these bills, for example, the Domestic Violence to Women (Prevention) Bill,
have as of late been passed. The Commission has likewise mediated in various court cases
and these have been referenced in the part managing the elements of the Commission. The
Research Cell of the Commission has completed various examinations relating to subjects,
for example, social preparation, support and divorced person ladies, ladies work under
contract, sex predisposition in legal choices, family courts, viciousness against ladies, ladies
access to wellbeing and training in ghettos and comparable points.

Various request commissions have likewise been set up by the Commission, under Section 8
(1) of the Act of 1990, to investigate matters, for example, Law and enactment, Political
strengthening, Custodial equity for ladies, Social security, Panchayati Raj, Women and
media, Development of Scheduled Tribe Women, Development of ladies of more fragile
segments, Development of ladies of minority networks, Transfer of innovation in
agribusiness for improvement of ladies. Among different features are incorporated the
counter youngster marriage tumults in Rajasthan, Madhya Pradesh, Andhra Pradesh and Uttar
Pradesh. Formal reviews on issues of Muslim ladies, effect of globalization on ladies, ashore
related issues, financial strengthening of ancestral ladies have been effectively sorted out by
the have been composed by the Commission everywhere throughout the nation.

Inside the limited capacity to focus fourteen years, the Commission has satisfied figured out
how to satisfy the greater part of the obligations set down in its order. The distinctive formal
proceedings, out achieve projects, directing and lawful capacity have unquestionably
improved states of the Indian lady.

Investigation and Shortcomings:

Investigation: From the past sections, it might be said that in the brief time of fourteen years
the Commission has figured out how to satisfy the order, in the event that not totally, at that
point as it were. The accomplishments referenced in the earlier section are just a couple of
numerous comparative accomplishments and they are confirmation of the fame and bolster
the Commission is picking up from the Indian lady. There is no uncertainty about the
viability of the Commission and about the great work which it is accomplishing for the ladies
of India; in any case, there are sure inadequacies in the working of the Commission, which,
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whenever redressed, would prompt a progressively proficient and gainful Commission.

Coming up next are the inadequacies 10

Weaknesses:

# The Commission has no solid authoritative forces. It just has the forces to suggest changes
and submit reports which are not authoritative on state or Union Governments.

# The Commission does not have the ability to choose its own individuals. This power is
vested with the Union Government and in India's unstable political situation the Commission
might be politicized.

# The Commission is reliant on awards from the Union Government for its money related
working and this could bargain the autonomy of the Commission.

# The Commission's locale isn't usable in Jammu and Kashmir and considering the present
political agitation and human rights infringement in the area, the Commission's essence there
is fundamental.

Recommendations and Concluding Statements:

The previously mentioned causes have it’s the two positives and negatives yet every
deficiencies has its own particular manner out. To defeat the previously mentioned
deficiencies, it might be helpful to join the accompanying recommendation:

# The Commission proposed that the director of NCW be given the status of the Union
Cabinet Minister and the Members that of Minister of State. This will put more power in the
Commission's hands and in this manner its suggestions will have a more noteworthy level of
power.

# The Commission must be conceded the ability to choose its own individuals. If necessary a
different body, chose from inside the Commission, ought to be comprised so as to convey
these capacities.
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# The Commission must be given designated assets in the Union just as the State Budgets all
together encourage smooth working. Presently reserves are just dispensed at the Central
dimension and not the state level.

# The abominations in Jammu and Kashmir are regular information. Considering these
demonstrations the Commission's essence in the locale is very crucial and ought to be
permitted.

On this setting we additionally need to see that how much the administration executes the
previously mentioned conditions and recommendations. Increasingly over its the obligation
of the state as well as it's the obligation of the natives all in all to investigate if such miss
leads in our society is occurring or not. There should be increasingly open mindfulness and
support for the ladies persecution so as make crafted by the National Commission for Women
progressively reasonable.

Established in 1992 under the NCW Act, the ladies' board involves five individuals and a
director, delegated by the legislature. The NCW boss must be an individual focused on the
reason for ladies.

The individuals must be assigned from among individuals of capacity, uprightness and the
individuals who have had involvement in law, worker's organization, ladies' intentional
associations, organization, financial improvement, wellbeing, training or social welfare.

CONCLUSION

Women in India, as is well known have never been treated well even at home or while at
work. The matter has all along been agitated inside and outside the parliament by
Parliamentarians, by common men, by organizations and societies for the welfare of the
women. Several, commissions had been setup by the government to look into the matter of
states of women in the Indian society. Successive Commission of women has noted in their
reports the unequal status of women obtaining in every sphere of life and had suggested the
setting up of an agency to fulfill the surveillance functions as well as to facilitate redressed of
the grievances of women. Several women activists and voluntary action group has also been
making persisted demand for setting up of a commission for women.
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Keeping in view the desirability of a commission for women at the national level the national
commission for women Bill 1990 was introduced in the Lok Sabha on 22nd May, 1990. Later
on the Bill became an act. “The complaints and counseling cell of the commission processes
all the complaints relating to domestic violence, harassment dowry, torture, desertion bigamy,
rape, refusal to register FIR, cruelty by husband, deprivation, gender discrimination and
sexual harassment of work place which may be received either orally, written or suomoto
under sec. 10 of the National Commission of Women Act.”

BIBLIOGRAPHY:

Primary sources:

1. Feminism and Politics: A Comparative Perspective by Joyce Gelb.

2. Women and Law: Critical Feminist Perspectives edited by Kalpana Kannabiran.

Secondary sources:

1. http://ncw.nic.in/
2. http://www.cwds.ac.in/wp-content/uploads/2016/11/NCWreport.pdf
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