NATIONAL COMMISSION FOR WOMEN

____________________________________________
Human Rights, Refugee Law & International Humanitarian Law

Submitted by

Rahul Gupta
Semester V Roll No 46 Class of 2017-22
Faculty of Law
Jamia Millia Islamia.

In
October, 2019

Under the guidance of

Dr. Noorjahan Momin

Assistant Professor
Faculty of Law,
Jamia Millia Islamia (Central University),
New Delhi-110025
 INTRODUCTION

Women have had a poor economic, social and political status in India since

several centuries as a result of patriarchy, son bias, inferior role of women in

society and other factors. They have been facing discrimination from womb to

tomb. The gender discrimination often manifests itself in the form of female

infanticide, foeticide, impediments in the access to education, health, adequate

nutrition and productive resources. All these pose critical human rights issues

indeed.

The challenges faced by women are of various forms and include, amongst

others, domestic violence, sexual violence, violation of reproductive rights

and lack of adequate representation in decision- making. The numerous

challenges faced by women requires that they be addressed in an effective

manner through a proper legal and institutional framework.

The Constitution of India (“Constitution”) provides for equality before law

and equal protection of laws within India to all persons.1 Amongst other

categories, the State is not allowed to discriminate between its citizens on the

basis of sex. Nevertheless, it may make special provisions for the

advancement of ‘any socially and educationally backward classes of citizens

or for the Scheduled Castes and Scheduled Tribes’. 2 Thus, the gender equality

movement finds its strength primarily from the constitutional protection while

being driven by the resolve to break the traditional chains of status accorded

to women.
1
Article 14 of Indian Constitution.
2
Article 15(2) and 15(3), Indian Constitution.
The movement had gained prominence with the adoption of the Universal

Declaration of Human Rights by the UN General Assembly in 1948.

Thereafter, several international human rights treaties had reinforced attention

on the rights of women. The impact of the gender equality movement

internationally resulted in the United Nations (“UN”) requesting the

Government of India to come up with a report reviewing the status of women

in India. Indeed, such review studies had already been undertaken with respect

to the condition and status of Scheduled Castes and Backward Classes, so it

was only a matter of time before an absence of such a study in relation to

women was addressed. Eventually the Committee on the Status of Women in

India (“CSWI”) was appointed in 1971 with the task of undertaking the first

comprehensive study on the status of women. It submitted its report on 31st

December 1974.

The results of CSWI’s study certainly highlighted the backward status of

women in terms of their socio-economic status and concurred that women

require the assistance of the State for their overall advancement through

special measures. Amongst the many recommendations relating to such

measures, CSWI’s report suggested the setting up of the National Commission

for Women and State Commissions to monitor and advance the socio-

economic development of women and facilitate redressal of grievances

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”.3 Thus, the recommendation pointed to a statutory

body which was envisaged to be independent from the government so that it

can effectively monitor government measures and their impact on women’s

rights.

Soon after in 1982, the Joint Committee of the Houses of Parliament to

examine the question of the working of the Dowry Prohibition Act echoed

CSWI’s recommendation of setting up statutory Commissions for Women at

the Centre and state levels.4

1. Emergence of the National Commission for Women

It took the Government almost 18 years to effectively establish the National

Commission for Women. During this period, there were many discussions

between the government and the women’s organisations where core

disagreements, in relation to the provisions affecting the autonomy of the

proposed body and its nature, role and functions, etc., emerged. While the

government was not keen to excessively empower the proposed Commission,

the women’s organization representatives felt that any compromise on the

autonomy of the body would be detrimental and indeed counter-productive to

the aims and purposes of such a proposed body.

3
Report on the committee of the status of Women in India, Towards Equality,
Department of Social Welfare, Ministry of Education and Social Welfare,
Government of India, 1974 , at p.353. (“CSWI Report”)
4
http://www.cwds.ac.in/OCPaper/NCWreport.pdf at p.10. (last accessed on
08th Nov 2019)
Finally, the National Commission for Women (“NCW” or the

“Commission”) was constituted as a statutory body under the National

Commission for Women Act, 1990 (Act No. 20 of 1990 of Govt. of India)

which came into force on 31st January, 1992 (“NCW Act” or the

“Act”).5Under the Act, the Commission was envisaged as a body which will:

 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 women6

The constitution of the Commission in 1992 came at a pivotal moment coinciding

with the era of liberalization and globalization in India where the ‘traditional’ role

of women in the society needed to be reviewed while laying emphasis on viewing

them as equal drivers of development. Even in the political arena, increased

participation of women was driving the women’ movement and compelling the

government to take positive actions including by forming an autonomous statutory

body, the National Commission for Women.

Mandate of the National Commission for Women

The NCW as a statutory body is mandated to safeguard the rights of women

under the Indian Constitution and various legislations while facilitating

redressal of grievances and recommending remedial legislative actions in

addition to advising the government on policy matters affecting women. It

5
Website of the Commission, available at http://ncw.nic.in/frmaboutus.aspx
(last accessed on 08th Nov 2019 ).
6
Website of the Commission, available at http://ncw.nic.in/frmaboutus.aspx
(last accessed on 08th Nov 2019 ).
was envisaged to be an autonomous voice championing the cause of women

in India and upholding the constitutional principle of equality to all, which

includes addressing any kind of discrimination on the basis of sex. It has also

been described as the ‘Ombudsman institution for the Rights of Women in

India’.7

Composition of the Commission

The Commission consists of a Chairperson, five Members and a Member-

Secretary, to be nominated by the Central Government. The Chairperson must

be a person ‘committed to the cause of women’ whereas the Members must be

‘amongst persons of ability, integrity and standing who have had experience

in law or legislation, trade unionism, management of an industry or

organization committed to increasing the employment potential of women,

women’s voluntary organisations (including women activists), administration,

economic development, health, education or social welfare’.8

The Member-Secretary is also nominated by the Central Government and

shall either be an expert in the field of management, organizational structure

or sociological movement, or an officer who is a member of a civil service of

the Union or of an all-India service or holds a civil post under the Union with

appropriate experience.9

Functions of the Commission

As an autonomous body entrusted with advancing women’s rights and socio-

7
Report on the Status of Women in India 2015, Vol.4, Ministry of Women and
Child Development, 2015 at p.1457.
8
Section 3(2)(a) and (b), NCW Act
9
Section 3(2)(c), NCW Act
economic development, the Commission is mandated to perform various

functions under Section 10 (1) of the NCW Act which are briefly outlined

below:

a. Investigation and examination of issues in relation to the

safeguards provided for women under the Constitution and other

laws and reporting to the Central Government on the working of

such safeguards. Such reports to the Central Government may also

include recommendations for the effective implementation of the

safeguards for improving the conditions of women. Moreover, the

Commission periodically reports to the Government on matters

pertaining to women and in particular matters concerning

difficulties affecting women.

b. In addition, the Commission may review the existing provisions of

the Constitution and other legislations affecting women and

recommend amendments as remedial legislative measures in order

to address any shortcomings, lacunae or inadequacies in such

legislations.

c. The Commission also takes up cases of violation of the provisions

of the Constitution and of other laws relating to women with the

appropriate authorities. Further, the Commission also acts on the

basis of complaints or suo moto in relation to issues concerning

deprivation of women; non-implementation of laws enacted to

 provide protection to women and also to achieve the objective of

equality and development.

d. The Commission is also entrusted with inspecting custodial

institutions such as jails, remand homes, women’s institutions, etc.,

where women are kept as prisoners or otherwise and if necessary,

take up with the relevant authorities any remedial actions.

e. In terms of conducting research, investigations and studies, the

Commission may call for such special studies and investigations

into specific problems or situations arising out of discrimination

and atrocities against women and identify the constraints so as to

recommend strategies for their removal. Additionally, the

Commission may undertake promotional and educational research

so as to suggest ways of ensuring due representation of women in

all spheres and identify factors responsible for impeding their

advancement, such as, lack of access to housing and basic services,

inadequate support services and technologies for reducing

drudgery and occupational health hazards and for increasing their

productivity.

f. It shall also participate and advise on the planning process of

socio-economic development of women and also evaluate the

progress of the development of women under the Union and the

State.

g. The Commission also funds litigation involving issues affecting a large

body of women.
 h. Any other matter referred to by the Central Government.

In addition, the Central Government has to consult the Commission on all

major policy matters affecting women.

Therefore, the Commission is entrusted with a wide ambit of mandated

purposes. At the same time, the Commission’s functions gives it a character

encompassing advisory, reporting, investigative, evaluative, remedial,

educational and supervisory duties in relation to women’s rights in India.

Activities of the Commission

The Commission carries out its functions through six different Cells:

i. Complaints and Investigation Cell;

ii. Research and Studies Cell;

iii. Legal Cell;

iv. NRI Cell;

v. Public Relation Cell; and

vi. North East Cell.

At the moment, the Commission undertakes most of its activities through the

Complaints and Investigation Cell, Research and Studies Cell and the Legal

Cell since the NRI and the North East Cell are recent additions. The Public

Relation Cell backs the work of other divisions of the Commission through

sustained campaigning, advertisement, reporting, etc.

i. Complaints & Investigation Cell

The Complaints & Investigation Cell is an important component of the

Commission in pursuance of a critical aspect of the powers enjoyed by the

Commission especially relating to its powers as a civil court. Under Article

10(4) of the Act, while investigating matters in relation to the safeguards

provided for women under the Constitution and other laws or relating to

deprivation of women’s rights, the Commission has all the powers of a civil

court trying a suit namely:

i. Summoning and enforcing the attendance of any person from any

part of India and examining him or her on oath;

ii. Requiring the discovery and production of any document;

iii. Receiving evidence on affidavits;

iv. Requisitioning any public record or copy thereof from any court or

office;

v. Issuing commissions for the examination of witnesses and documents;

and

vi. Any other matter which may be prescribed.

Therefore, the Complaints & Investigation Cell acts on complaints received

by it or which it has taken notice suo moto. It does not generally take up

matters of the following nature10:

i. Complaints that are illegible or vague, anonymous or pseudonymous;

ii. When the issue raised relates to civil dispute, between the parties

10
Annual Report, 2018-19, Ministry of Women and Child Development at
p.114-116
 such as contractual rights obligations and the like;

iii. When the issues raised relates to service matters not involving any

deprivation of women’s rights;

iv. When the issue relates to Labour/Industrial Disputes not involving

any deprivation of women’s rights, which are to be handled by the

labour courts;

v. When the matter is sub-judice before a Court/Tribunal;

vi. The Commission shall not inquire into any matter which is

pending before a State Commission or any other Commission duly

constituted under any law for the time being in force;

vii. When the matter has already been decided by the Commission;

viii. When the matter is outside the purview of the Commission on any

other ground;

ix. When the issues raised relates to the property dispute.

The rationale for barring NCW’s jurisdiction in some of the above-mentioned

cases is that proceedings cannot be allowed to go on in parallel fora in the same

matter at the same time.

It receives complaints under the following heads:

i. Violence against women:-

- Attempt to rape

- Rape

- Sexual assault
 - Acid attack

ii. Sex selective abortion; female foeticide/amniocentesis

iii. Sexual harassment including sexual harassment at work place

iv. Traditional practices derogatory to women rights i.e. sati pratha,

devdasi pratha, witch hunting

v. Indecent representation of women

vi. Dowry harassment/dowry death

vii. Trafficking/Prostitution of women

viii. Outraging the modesty of women

ix. Stalking/voyeurism

x. Cyber crimes against women

xi. Bigamy/polygamy

xii. Right to exercise choice in marriage

xiii. Right to live with dignity

- Domestic violence

- Cruelty

- Harassment

xiv. Women’s right of custody to children in the event of divorce

xv. Gender discrimination including equal right to education & work

xvi. Free legal aid to women

xvii. Privacy of women and rights thereof

xviii. Police apathy against women

xix. Reproductive health rights of women.

The above list shows the wide range of crimes the Commission is entitled to
act upon. Therefore, the provision extending judicial powers to the

Commission thereby providing it with quasi-judicial functions in relation to its

mandate of protection of women’s rights has a double-sided effect. One the

one hand, it makes the Commission act as a special court with a humanistic

outlook thereby making provision for an effective judicial recourse; however,

a potential effect of the quasi-judicial functions has been that the powers

provided to the Commission are limited on the basis that the Commission does

not have any judicial representation in its composition. The result being that

the Commission is often referred to as a ‘toothless’ body on this account.

In the year ending on 8th January, 2019, the Complaints and Investigation

Cell received 28,637 complaints out of which the largest number (5,741) was

regarding police apathy against women followed by complaints alleging

domestic violence (3,977).

II. Research & Studies Cell (R&S Cell)

The R&S Cell undertakes promotional and educational research on topics

relating to issues impeding women’s development. In addition, it promotes

and encourages seminars, workshops, research studies, conferences, etc., by

other organisations on issues related to gender equality and women

empowerment.

The Commission has the powers to appoint Committees to look into special

issues concerning its objects and purposes. In pursuance of this, the following

expert committees were constituted in 2014- 15:

 a. Expert Committee on Social, Economic and Political

Empowerment of Women in North East States to deal with the

issues of North East Region.

b. Expert Committee on “Discrimination faced by Dalit Women and

Suggested Action Plan” to deal with issues faced by Dalit women.

III. Legal Cell

The Legal Cell of the Commission reviews legislation, undertakes specific

legal studies and makes recommendations regarding enactment of new

legislations or amendment of existing ones concerning women. In addition,

the legal cell conducts conferences, seminars, workshops, public hearings,

etc., on various issues including for the purpose of spreading legal awareness.

Some of the activities of the Legal Cell in the year 2018-19 are as follows:

vii. The Legal Cell proposed amendments the NCW Act so as to make

the Commission more effective;

viii. It also recommended the harmonization of the Dowry Prohibition

Act, 1961 with the Protection of Women from Domestic Violence

Act, 2005;

ix. An Expert Committee constituted by the Commission drafted a

central legislation titled “The Prevention and Protection of Women

from (Publicly Dehumanization and Stigmatization) Atrocities

Bill, 2014”.

x. The Commission conducted legal outreach programmes on a

 national level to highlight the issues concerning women

particularly from the backward rural areas and the legal remedies

available to them.

An important initiative of the Commission has been the setting up of Parivarik

Mahila Lok Adalats (“PMLAs”) which it operates in collaboration with

NGOs, State Commissions and State Legal Service Authorities. PMLAs are

envisioned to complement the efforts of the District Legal Service Authorities

for speedy redressal and disposal of matters relating to family affairs and

marriage which are pending before courts. The initiative is a novel measure

aimed at redressal through conciliation outside the formal judicial set-up and

is modelled on the idea of Lok Adalats. The decisions of the Lok Adalats have

legal validity under the provisions of the Legal Service Authority Act, 1987

and have the same force as a decree of a court of law.

IV. NRI Cell.

 Shall be the coordinating agency to receive and process all the complaints

related to Indian Women deserted by their Overseas Indian husbands.

 Shall render all possible assistance to the complaints including conciliation,

mediation between the parties and advising the complainant on related issues.

 Associating, networking with NGO's ,community organizations in India and

abroad and State women Commissions for wider area coverage, so as to

facilitate easy reach and provide support services.

  Shall endeavor towards a coordinated response amongst various Government

agencies/organizations such as State Governments, The National Human

Rights Commission, Indian Embassies and Mission, concerned Ministries etc.

 Providing assistance to the aggrieved woman in litigation and other issues

pertaining to the complainant/case.

 Shall maintain a data bank record of cases registered.

 Seek reports from the State Government and other authorities on the

complaints filed and action taken thereon.

 Shall advice and recommend the government on any policy or issue relating to

the NRI marriages.

 Analyse various legal treaties on the issue and advice the Government on the

subject, wherever required.

 Shall constitute a ADVISORY COMMITTEE panel of reputed

advocates/NGOs, both in India as well as abroad, which shall periodically

review the functioning of the cell, cases filed and policy issues.

 Shall constitute a panel of experts (All India) to assist the aggrieved wife and

rendering legal services and other assistance , including mediation and

conciliation

V. Public Relation Cell.

The National Commission for Women is committed to the protection of the rights of

women in the country and to their welfare and development. To attain these aims, the

Commission organizes countrywide campaigns, workshops and consultations. The PR

Cell throws light on the activities under taken by the Commission  to full fill its

mandate to participate, advice on the planning process of socio-economic

development of women and evaluate the progress and development of women under

the Union and the State Government.

VI. North East Cell.

North Eastern Region comprises the following States:

1. Arunachal Pradesh

2. Assam

3. Manipur

4. Meghalaya

5. Mizoram

6. Nagaland

7. Sikkim

8. Tripura

National Commission for Women has constituted a North East Cell in the

Commission to address problems being faced by North East women all over the

country and to take special steps for development and empowerment of them. In

addition, NE Cell, has been created to enhance the focus on the women of NE and

their special problems/challenges, and also to intervene with State and Central

Governments whenever required.

Functions of North East Cell

1. Coordinate all activities for addressing issues concerning women in the North-

Eastern States including special problems/challenges and to take initiatives for

their development and empowerment.

2. All matters relating to seminars/workshops/consultation/research studies/legal

awareness programmes, etc. in North east States.

3. Organise meetings and conferences in North East States.

4. Capacity Building Training of Elected Women Representatives in Panchayati

Raj Institution.

5. Coordination for home-stay tourism in North-East with Governments and

State Commissions for Women.

Conclusion

The Commission on the status of women in India, in its report submitted in

1974, recommended the establishment of the National Commission for

Women to protect women’s rights. It was established under the National

Commission for Women Act, 1990 which come into force on 31 st January

1992. The National Commission for Women consists of a Chairperson, five

Members and a Member Secretary. The National Commission for Women is

entrusted with a number of functions which include, among others,

complaints redressal, law and policy reform, research. It has an advisory,

reporting, investigative, evaluative, remedial, educational and supervisory

duties in relation to women’s rights in India. While trying individual

complaints, it has the powers of a civil court.