National Commission for Women UPSC Notes

Written By: Brijesh Singh | Published: May 02, 2024 11:07 am IST | Updated: May 02, 2024 11:07 am IST | 144 views

The National Commission for Women (NCW) is a statutory body established under The National Commission for Women Act, 1990, on January 31, 1992. It was set up

to review the constitutional and legal safeguards for women,
recommend remedial legislative measures,
facilitate redressal of grievances, and
advise the government on policies affecting women.

The NCW works towards the empowerment of women and aims to ensure gender equality and protection of women’s rights across various spheres of life.

Table of Contents

1 Brief History of National Commission Women
2 Composition of the National Commission for Women
- 2.1 National Commission for Women Chairperson
- 2.2 Constitutional provisions for the protection and welfare of women
3 Functions of National Commission for Women
- 3.1 Drawbacks of the National Commission for Women
4 National Commission for Women UPSC Notes

Brief History of National Commission Women

In 1971, the United Nations requested the Government of India on a status of women’s report for the International Women’s Year in 1975.
In 1971, the Ministry of Education and Social Welfare, Government of India appointed a Committee on the Status of Women in India (CSWI) to study the status of women in India.
The Committee on the Status of Women in India (CSWI), 1971 recommended the setting up of a National Commission for women to fulfill the surveillance functions to facilitate the 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.
In 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. After several amendments, the bill was passed and received the assent of the President on August 30, 1990. Thus, The National Commission for Women Act, 1990 came into being.

Accordingly, the First Commission was constituted on January 31, 1992 with Mrs. Jayanti Patnaik as the Chairperson.

Composition of the National Commission for Women

The National Commission for Women consists of a Chairperson and five members.

A Chairperson, committed to the cause of women, to be nominated by the Central Government.
Five Members to be nominated by the Central Government from amongst persons of ability, integrity, and standing who have had experience in law or legislation, trade unionism, management of an industry potential of women, women’s voluntary organizations (including women activists), administration, economic development, health, education or social welfare;
- Provided that at least one Member each shall be from amongst persons belonging to the Scheduled Castes and Scheduled Tribes respectively;
- A Member-Secretary to be nominated by the Central Government who shall 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 an all-India service or holds a civil post under the Union with appropriate experience

National Commission for Women Chairperson

As of today, the Chairperson of National Commission for Women is Mrs. Rekha Sharma. She was appointed as Chairperson on August 7, 2018.

Constitutional provisions for the protection and welfare of women

Fundamental Rights: It guarantees all Indians the right to equality (Article 14), no discrimination by the State based on gender (Article 15(1)), and special provisions to be made by the State in favor of women (Article 15(3)).

Fundamental Duties: It ensures that practices derogatory to the dignity of women are prohibited under Article 51 (A).

Functions of National Commission for Women

The National Commission for Women (NCW) in India has several key functions aimed at promoting and safeguarding the rights and interests of women. Some of its primary functions include:

1. Investigation and Inquiry: The NCW investigates and inquires into complaints received from women regarding any violation of their rights or safeguards provided under the Constitution and other laws.

2. Recommendations: Based on its findings, the Commission makes recommendations to the government on issues concerning the rights and welfare of women. These recommendations can include legislative measures, policy changes, or administrative actions.

3. Legal Aid and Assistance: The NCW provides assistance and support to women in accessing legal aid and representation, particularly in cases related to discrimination, harassment, or violence against women.

4. Awareness and Education: It works towards raising awareness among women about their rights and entitlements through various educational and outreach programs. This includes workshops, seminars, campaigns, and publications aimed at empowering women with knowledge about their legal rights.

5. Research and Documentation: The Commission conducts research and documentation on issues affecting women, including gender-based violence, discrimination, socio-economic disparities, and other relevant topics. This helps in identifying trends, patterns, and areas requiring intervention.

6. Intervention and Advocacy: NCW intervenes in cases of injustice or discrimination against women, advocating for their rights and seeking redressal through appropriate legal and administrative channels.

7. Policy Formulation: It contributes to the formulation of policies and programs aimed at promoting gender equality and women’s empowerment, both at the national and state levels.

8. Monitoring and Evaluation: The Commission monitors the implementation of laws, policies, and programs related to women’s rights and evaluates their effectiveness in achieving the desired objectives.

By performing these functions, the National Commission for Women plays a crucial role in addressing issues related to gender inequality, discrimination, and violence against women, and in advocating for policies and measures that promote their welfare and empowerment.

Drawbacks of the National Commission for Women

While the National Commission for Women (NCW) in India plays a significant role in advocating for women’s rights and addressing gender-based issues, it also faces several challenges and drawbacks:

1. Limited Enforcement Power: The NCW lacks the authority to enforce its recommendations or decisions. It can only make recommendations to the government, which may or may not be implemented. This limits its effectiveness in ensuring justice for women and holding perpetrators accountable.

2. Under-Representation of Marginalized Groups: There is a concern that the NCW primarily represents the interests of urban, educated, and privileged women, while often neglecting the issues faced by marginalized and disadvantaged groups such as rural women, Dalit women, tribal women, and LGBTQ+ individuals.

3. Inadequate Resources: The Commission often faces resource constraints, including insufficient funding, staff shortages, and logistical challenges, which can hinder its ability to effectively carry out its mandate and address the wide range of issues affecting women.

4. Delayed Response and Redressal: Complaints lodged with the NCW may face delays in processing and resolution, leading to frustration and disillusionment among complainants. The lengthy legal procedures and bureaucratic hurdles further contribute to delayed justice for women.

5. Political Interference: There have been instances where the NCW’s autonomy and impartiality have been compromised due to political interference or influence, leading to concerns about its independence and credibility in addressing women’s issues objectively.

6. Limited Outreach and Awareness: Despite its efforts to raise awareness about women’s rights, the NCW’s outreach programs may not reach all segments of society, particularly in remote and marginalized areas. This limits its ability to empower women with knowledge about their rights and entitlements.

7. Focus on Symptomatic Solutions: The NCW sometimes focuses on addressing the symptoms of gender-based issues rather than tackling the root causes, such as deep-rooted patriarchal attitudes, social norms, and systemic inequalities. This can result in superficial solutions that fail to bring about meaningful and sustainable change.

8. Legal and Institutional Challenges: The effectiveness of the NCW is also hindered by legal and institutional challenges, including gaps in existing laws, inadequate implementation mechanisms, and institutional biases within the justice system.

Addressing these drawbacks requires concerted efforts to strengthen the NCW’s institutional capacity, enhance its independence and autonomy, ensure inclusivity in its representation, and address the systemic barriers to gender equality and women’s empowerment in society.