6.7] National Commission for Women [NCW]

The Ministry of Education and Social Welfare released a report titled ‘TOWARDS EQUALITY – Report of the Committee on the Status of Women in India’ in December 1974.

According to the report, large masses of women in this country have remained unaffected by the rights guaranteed to them by the constitution and the laws enacted since Independence.

The 1974 document is said to lay the foundation of women’s movement in independent India highlighting discriminatory socio-cultural, political and economic processes. The findings of report reopened the women’s question for government, academia and women’s organizations. The report proved to be an eye opener on the conditions of women by talking about development and democracy from a gender perspective. It led to women sensitive policy making and stressed on girl child education.

Women is said to suffer from ‘womb to tomb’. The various women issues can be clubbed under following categories.

1. Cognitive – Identity of women
2. Social – Gender stereotypes
3. Economic – Economically dependent in most cases
4. Political – Representation
5. Psychological problems

1. Constitutional Provisions for Women

1. Article 14 – Right to Equality
2. Article 15, 16 – prohibition of discrimination on the basis of sex
3. Article 39 – equal pay for equal work
4. Art 41 – right to work, education and public assistance
5. Article 47 – duty of state to improve public health

2. Importance/Significance of NCW

Women are regarded as the most vulnerable sections of our society. They do not fall in minority group or backward classes and in a patriarchal society they are heavily disadvantaged. In this regard a National Commission for Women was constituted under the ‘National Commission for Women Act 1990’ to aid the legislative and judicial processes to empower women. The section 3 of NCW Act provides for the constitution of National Commission for Women.

As mentioned in the act, the commission will have one chairperson, 5 members from numerous fields and a member secretary who shall be adept in the field of management, organizational structure, sociological movement or a member of the civil services of the union. All the members of the commission are nominated by the president of India on the recommendation of Council of Ministers. There needs to be one member each from Scheduled Caste and Scheduled Tribe.

3. Functions of NCW

1. The commission is expected to review the development of women under the union or the state government
2. To study the reasons for the deprived status of women and suggest remedial actions necessary.
3. To take up the cases of violations of these constitutional provisions provided for the protection and development of women.
4. Take part in planning mechanism related to socio-economic development of women.
5. Enjoining the authority of civil court the commission can summon anyone and can also receive evidences, can force anyone to be a witness in a case.
6. Take suo moto action or notice on matters relating to the deprived status of women.
7. Section 10(1) of the NCW Act provides a 14-point directive which can be divided into 4 heads.
8. Safeguarding the rights of women
9. Study of problems faced by women and make recommendations to eradicate these problems.
10. Evaluating the status of Indian women.
11. Funding and fighting the cases for women with respect to rights violation.

4. Powers of the Commission

The commission while examining any matter has the power of a civil court and can exercise it in particular in the respective matters.

1. Summoning and enforcing the attendance of a person
2. Requiring the discovery of or production of any document
3. Receiving evidences on affidavits
4. Requisitioning any public record from any court or office
5. Any other matter which may be prescribed

5. Lacunas (Shortcomings) of Commission

1. The national policy for women 2001 called for advancement, development and empowerment of women. Also, the charter of national commission for women calls for empowerment of women but the commission at best is actually engaged in just the protection of women.
2. NCW deviates from the goals under the NPW 2001 (National Policy for Women) which is ‘to create change in societal attitude, to get support from all for the upliftment of women’. The commission misses a collaborative approach and synergic relationship. For example, NCW only has female as its members.
3. NCW gets their funds and functionaries from the government which as a watchdog body devoid them of being critical against government e.g. NCW has never raised significant voice with regard to grievances related to AFSPA in North East.

6. Political Concerns

1. Politicized nature of NCW is evident when it took a pro-govt stand in Gujarat riots.
2. NCW has become a body to distribute patronage and a body caught in contradiction of different processes.
3. The scope of NCW gets limited to the inclination of its chairperson. e.g. On the one hand there have been calls by NCW for liberal social attitudes while on the other hand, the chairperson has suggested that Indian women should not imitate the west (wearing short dress) in case of public molestation of a young girl in Guwahati.
4. At times, NCW is criticized for engaging in victim blaming. In 2021, following the gang rape and murder of a woman in Badaun, Uttar Pradesh, NCW member stated that part of the blame for the incident lay with the victim. Such insensitive comments question the qualifications and competence of NCW members to lead the Commission.
5. There are two centers of power which often conflict with each other. 1. Chairperson and 2. Member Secretary. Bureaucracy continues to hold greater power.
6. Second conflict is between NCW and Ministry of Women and Child Development. NCW has been often criticized for its stand on sexual violence in Gujarat, the Mangalore Pub case.
7. According to the critics, commission has failed miserably. Members lack transformational ideology. According to Sadhana Arya, commission is limited by design by the government but the members have decided to limit themselves further.

7. Achievements of the Commission

1. The commission was successful in securing the release of female who were allegedly gang raped by BSF personnel in early 2002.
2. The ‘Legal cell’ of the commission has recommended modifications in a number of acts and proposed a number of new bills. It has recommended amendments to Hindu Manage Act, medical termination of pregnancy act and Indian Penal Code on Adultery to make it a civil offence.
3. The commission had also proposed Domestic Violence Against Women bill, which got passed.

8. Way forward

1. It should be recognized that it is National Commission for Women and not National commission of women. There is no need to maintain NCW as all-women body.
2. The composition and funds should be independent from the government to allow for real watchdog mechanisms.
3. Its recommendations should be made mandatory.
4. The commission should hold consultative mechanisms with other sections of the society including NGOs and Civil Society.
5. Chairperson should be of high repute and independent of political interference.

[Also refer 11.2] Women Movements]