It is said that the best way to know about society, a civilization and a culture, try to know as much possible about the women. In India, women have come a long way from the rare women scholars and sages of the Vedic age to the women in different sectors of society and civilization today, such as the armed forces, arts, information technology, politics and a number of similar sectors which have traditionally been male dominated, while simultaneously balancing the roles of wife, mother and daughter. While Indian women have fought against the patriarchal Indian society and triumphed at many levels, cases of rape, dowry deaths, female infanticide, sexual harassment at workplaces, female illiteracy, and similar problems are still rampant in Indian society. It was in this backdrop that the Committee on the Status of Women in India (CSWI) the establishment of the National Commission for Women to fulfill the surveillance functions and to facilitate redressal of grievances and to accelerate the socio-economic development of women.
The principle of gender equality is enshrined in the Indian Constitution. The Preamble, promotes Equality of status and of opportunity; the Fundamental Rights enshrined in Part III of the Indian Constitution and Directive Principles enshrined in Part IV of the Constitution all promote gender equality. The Constitution not only grants equality to women but has also made special provisions for ensuring equality Thus, as per the recommendations of the CSWI and in order to uphold the mandate 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 carry out the mandate set by the Act as well as CSWI.About The Commission. This chapter aims at informing the reader of the need for a commission such as the National Commission for Women and the impetus for its establishment in 1992. The chapter further examines the relationship between the constitution and the commission, the mandate given by the constitution as well as the basic administrative set up of the commission as per the constitution.
Importance of The Commission:
Women as a class neither belong to a minority group nor are they regarded as a backward class. India has traditionally been a patriarchal society and therefore women have always suffered from social handicaps and disabilities. It thus became necessary to take certain ameliorative steps in order to improve the condition of women in the traditionally male dominated society.The Constitution does not contain any provision specifically made to favor women as such. Though Art. 15 (3), Art. 21 and Art. 14 are in favor of women; they are more general in nature and provide for making any special provisions for women, while they are not in themselves such provisions. The Supreme Court through interpretive processes has tried to extend some safeguards to women.
The objective of the NCW is to represent the rights of women in India and to provide a voice for their issues and concerns. The subjects of their campaigns have included dowry, politics, religion, equal representation for women in jobs, and the exploitation of women for labour. They have also discussed police abuses against women.
The commission regularly publishes a monthly newsletter, Rashtra Mahila, in both Hindi and English
1.The commission shall perform all or any of the following functions
• Investigation: The Commission shall investigate and examine all matters relating to the safeguards provided for women under the Constitution and other laws
• Report : The Commission shall present to the Central Government, annually and at such other times as the Commission may deem fit, reports upon the working of those safeguard
• Implementation of those safeguards : As per the reports recommendations for the effective implementation of those safeguards for the improving the conditions of women by the Union or any state
• Review: The Commission shall review, from time to time, the exiting provisions of the Constitution and other laws affecting women and recommend amendments thereto so as to suggest remedial legislative measures to meet any lacunae, inadequacies or shortcomings in such legislations.
• Take up Cases: The Commission shall take up cases of violation of the provisions of the Constitution and of other laws relating to women with the appropriate authorities
• Complaints: The Commission shall look into complaints and take suo moto ( in its own motion ) notice of matters relating to➢deprivation of women’s rights;
➢non-implementation of laws enacted to provide protection to women and also to achieve the objective of equality and development;
➢non-compliance of policy decisions,guidelines or instructions aimed at mitigating hardships and ensuring welfare and providing relief to women, and take up the issues arising out of such matters with appropriate authorities
• Special studies : The Commission shall call for special studies or 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
• Promotional and educational research : The Commission shall 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
Evaluation of progress :The Commission shall participate and advice on the planning process of socio-economic development of women and evaluate the progress of the development of women under the Union and any State. • Inspect: The Commission shall inspect or cause to inspected a jail, remand home, women’s institution or other place of custody where women are kept as prisoners or otherwise and take up with the concerned authorities for remedial action, if found necessary;
• Litigation Expenses: The Commission shall fund litigation involving issues affecting a large body of women;
• Periodical reports :The Commission shall make periodical reports to the Government on any matter pertaining to women and in particular various difficulties under which women toil;
• Any other matter :The Commission shall any other matter which may be referred to it by Central Government.
- Reports to be laid before each House of Parliament:
The Central Government shall cause all the reports to be laid before each House of Parliament along with 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. Where any such report or any part thereof relates to any matter with which any State Government is concerned, the Commission shall forward an copy of such report or part to such State Government who shall cause it to be laid before the Legislature of the State along with a memorandum explaining the action taken or proposed to be taken on the recommendations relating to the State and the reasons for the nonacceptance, if any, of any such recommendations. - Powers of a civil court
The Commission shall, while investigating any matter have all the powers of a civil court trying a suit and, in particular in
respect of the following matters, namely :-
–summoning and enforcing the attendance of any person from any part of India and examining him 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; and
–any other matter which may be prescribed
the Commission has managed to fulfill the mandate, if not completely then to a great extent. The achievements mentioned in the prior chapter are only a few of many similar achievements and they are proof of the popularity and support the Commission is gaining from the Indian woman. There is no doubt about the effectiveness of the Commission and about the good work which it is doing for the women of India, however, there are certain shortcomings in the working of the Commission, which, if rectified, would lead to a more efficient and productive Commission.
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