The paper endeavours an evaluation of the National Commission for Women, which
was made in 1992 as a self-governing peak body to screen and impact state
arrangements as to women." 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 A few, commissions
had been arrangement by the public authority to investigate the question of
conditions of ladies in the Indian culture. The questions that women's movements
face are: powers and functions of NCW, important of NCW, and important court
intervention - inquiries.
The objections and directing cell of the commission
measures every one of the grumblings identifying with abusive behavior at home,
provocation endowment, torment, renunciation plural marriage, assault, refusal
to enlist FIR, mercilessness by spouse, hardship, sex separation and
inappropriate behavior of work place and so forth Along these lines, they are
National Commission of Women Act.
The main intention for the institution of the national
commission for women was to make sure equal keep for women by creating
constitutional amendments and laws that favour them. The commission was shaped
to stop any reasonable violence or exploitation against Women. Women are
vulnerable and therefore the issues Janus-faced by them are various and such a
commission was established to resolve such problems regarding their rights.
the state necessity to line up such commissions to deal with the grievances of
women within the country. Keeping in mind the interest of all the national
commission for women bill 1990 was introduced within the Lok Sabha.
National Commission for Women
National commission for women was shaped in 1992 below the
national commission act 1990. It's a commission having the authority to review
constitutional safeguards for women within the country. The most recommendation
of the commission is to facilitate redressal mechanisms and conjointly to
require legislative measures to curb the inequality. It provides the government
with recommendations to form policies and laws that area units are a lot liable
to shield and safeguard the rights of Women.
The commission conjointly has the
powers that area unit unconditional upon with a civil court. On 31 Gregorian
calendar month 1992, the primary commission was recognised and was chaired by
Jayanti Patnaik. The primary male member within the NCW (National Commission for
Women) was Alok Rawat IAS.
He committee on the standing of Women in Asian countries (CSWI)
created suggestions twenty years ago. The CSWI qualified the very important for
operating to form a platform for grievances redressal. It will increase the
expansion within the social-economic sphere of Women development. After this,
the ordered commission (National perspective set up for women) in 1988-2000
created sure recommendations for the formulation of the authoritative apex
entity for governing the rights of Women.
Within the advent of 1990, the central
government in consultation with non-governmental organisations developed and
created the structure, powers and dealing of the commission because the proposal
was shaped. In May this year, the bill came before the Lok Sabha. In July, the
ministry of HRD shaped the national level conference to debate the pointers
created within the bill that were introduced. In august the govt created a great
deal of amendments when the discussion and created new provisions on the
commission. By this, the commission functioned as a civil court.
The bill was passed and received the assent of the
president on thirtieth august 1990. The first commission was shaped on thirty
first January 1992 presided by Mrs Jayanti Patnaik because the chair-person. The
second commission was in July 1995 headed by Dr. Mohini Giri. The third
commission was in January 1999 and was beneath Mrs Vibha Prathasarathy. The
fourth and therefore the fifth commissions were presided by Dr Poornima Advani
in 2002 January and Dr. Girija Vyas in 2005 severally. This was followed by a
series of booming conferences and freeing on the rights of Women.
Report of the Commission
It presents the yearly report before the focal government.
Except this, it submits different reports that it deems to be work. All such
reports square measure placed before the house of the parliament at the side of
the memorandum. Just in case any recommendation created on the ground of the
home is not accepted. the rationale for the non-acceptance ought to be
maintained within the memoranda. Constant procedure ought to be followed at the
state level likewise.
Importance of the National Commission of Women
Women as associate degree entities neither belong to a
minority cluster nor area unit they thought-about a backward category. The
Republic of India from its beginning has been a patricentric society. so, women
have perpetually been subdued in society therefore it became necessary to want
sure strategic steps to reinforce and improve the condition or standing of Women
beneath male-dominated society.
The Indian Constitution doesn’t contain any
provision specifically created to favour Women as such. Article 15 (3), Article
21 and Article 14 shield and safeguard Women. they're additional gender-neutral.
The Supreme Court has taken very important measures for shielding the rights of
- Bodhisattwa Gautam v. Subra Chakraborty (AIR 1996 SC 922).[1
- Chairman Rly Board v. Chandrima Das (AIR 2000 SC 988).
- Visakha v. The State of Rajasthan, (AIR 1997 SC 3011).
These verdicts enshrined the requirement for recognising the
rights of Women at massive. The courts have tried to strengthen the social
conditions of Indian Women. However, these have hardly sufficed to strengthen
the position of Women in Asian countries. In 1990, Counselled the institution of
associate degree apex body for Women.
"The shortage of constitutional machinery,
judicial ability and social interest formed the impetus and need for the
formation of the National Commission for women. It’s apparent from the
previously mentioned conditions and issues that Women in Asian countries,
although throughout a much better position than their ancestors, were unfit to a
broader extent. within the Nineties witnessed the violence and injustice visaged
by Women the govt. set to make the primary National Commission for Women in
National Commission of Women of Legal Cell
In accordance with the mandate of the Commission, as per
Section 10 of the National Commission for women Act, 1990, that's to review the
present provisions of the constitution and different laws moving Women and
suggest amendments to that therefore on counsel remedial legislative measures to
fulfil any lacunae, inadequacies or shortcomings in such legislations, the
commission throughout the year 2015-16 reviewed varied laws and created
recommendations to that.
The commission concerned spreading awareness about the
rights and laws associated with women and during this regard a variety of
awareness programmes were organized with the assistance of Law schools,
universities. The commission is additionally involved concerning the capability
building of law enforcement officials and in furtherance of constant the
commission together organized with Bureau and Police analysis Development
coaching courses for women law enforcement officials in Investigation of cases
involving Crime against women. the main points area unit given within the
- Review of laws affecting women and legislative measures suggested
- Important court interventions - inquiries
- Legal awareness programmes
- Networking with state women commissions
- Memorandum of understanding
- Capacity building of judicial and police official
- Jail and shelter home visit
- Other initiatives
Important Court Interventions - Inquiries.
The National Commission for Women can and it has intervened in
some important court matters.
Bhateri Gang Rape Case (Rajasthan) 
The Commission Suo moto took up the case of Ms. Bhanwari Devi and extended its
full support in going for appeal and also providing security to the victim and
appointment of a special public prosecutor to argue her case. Bhanwari Devi was
a "Sathin" associated with WDP in Rajasthan who was raped in retaliation for her
intervention in a child marriage in September 22,1992.
Capital Punishment/ Death Penalty (Ramshree's Case).
Due to the timely intervention of the National Commission for Women in the
Supreme Court, the order of death sentence was temporarily stayed and the
Hon'ble Court, later on commuted the death sentence into life imprisonment.
- The Hon'ble High Court of Delhi put an injunction on the launching of the
+21-adult channel by the Ministry of Information & Broadcasting, Govt. of India.
- The NCW had moved the Hon'ble High Court of Delhi against Star TV, Zee
TV, etc for showing obscene pictures on television and other media.
Against Outdated Customs & Traditions Maimon Baskari's Nuh (Haryana) Case.
The NCW took up the instance of Ms. Maimon Baskari who was supposedly a casualty
of torment and assault for wedding an individual of her decision. The Supreme
Court has joined the couple.
Divorced Muslim Women To Maintenance Beyond The Iddat Period
In the matter of Fakhruddin Mubarak Shaik Vs. Jaitunbi Mubarak Shaik, The NCW
has intervened in the Supreme Court of India to support the stand of Jaitunbi.
The case is pending.
Ncw Files Application Seeking Review Of Sc Judgement
In the matter of Y Abraham Ajith Vs Inspector of Police
, Chennai and Anr 2004
III AD (CRL) SC 468 , The Supreme Court on hearing the contention of the
parties and examining the relevant Sections of the Cr. PC i.e. Section 177
ordinary places of inquiry and trial /section 178 places of inquiry and trial ,
Held that no part of cause of action arose in Chennai and therefore, the
magistrate at Chennai had no jurisdiction to deal with the matter particularly
when the alleged offences are not continuing offences and accordingly quashed
the proceedings with liberty to the complainant to file the complaint in the
The decision of the Supreme Court raises a relevant issue, particularly in cases
of marital discords, as to whether the case should be heard in the place of
occurrence of the offence or where the woman erred against is residing.
Ordinarily, matrimonial discords and animosity, leads to the wife being forced
to reside at the residence of her parents, which may be located at another place
and unconnected with the place of occurrence of alleged offences.
cases where the women are thrown out of her matrimonial home and / or forced to
reside with her parents at some other place, then the requirement that the
complainant may file the complaint only at the place where the alleged offence
was committed, appears to be harsh and may also in cases subject her to
insecurity besides the unnecessary expenditure.
Supreme Court Seeks Ncw Views On Compulsory Registration Of Marriages
In the matter of Smt Seema Vs Ashwani Kumar,
transfer petition (civil) No 291 of
2005, the Hon’ble Supreme Court, issued notice to the Commission, for placing
its views on the registration of marriages and the proposed legislation prepared
by the commission. The commission filed its reply along with the draft law on
compulsory registration of marriages and the Hon’ble Court in its judgment dated
14th February 2006 observed that “as rightly contended by the National
Commission for Women, in most cases non registration of marriages affects the
women the most and directed the states and central government to initiate steps
including framing of the rules for registration of marriages”
Petition Filed In Supreme Court Against The Delhi High Court Judgment In Shikha Sharma's Case 
Recent judgment of the Hon’ble High Court of Delhi wherein, the marriage of
two young Women of 15 and 16 was held to be valid. While the judgement took into
account the peculiar facts and circumstances of that case and the fact that no
purpose would be served if the case of rape proceeded and keeping a lawfully
wedded husband in judicial custody, it brought into open the wide disparities
within various legislations dealing with the minimum age for marriage, the
definition of a child, the age to give sexual consent and the effect of child
marriage in certain cases.
The Hon’ble High Court of Delhi in two petitions for habeas corpus, basing on
the existing provisions of law, a young girl of 15-16 was allowed to bear a
child and her marriage was legalized. This judgement, though protested by many,
was passed within the realms of the existing law. However, it raised larger
questions of public interest and particularly the health of the girl child
keeping in mind the high rate of maternal mortality especially in the age group
of 15-22.The petition seeks to highlight the disparities in various
legislations, particularly the Child Marriage (Restraint) Act 1929, The Hindu
Marriage Act 1955, and the explanation to Section 375 of the Indian Penal Code,
1890 as the well as the Shariat law, the Indian Divorce Act, 1869 and the
Juvenile Justice (care and protection of children) Act 2000.
The notable achievements of the National Commission for Women are the ready
gender profiles. Then they took initiative into the creation of the Parivarik
Mahila Lok Adalat to require proactive steps concerning the rights of Women.
They evaluated and reviewed laws regarding Indian legal code 1860,
Pre-Conception & Pre-Natal Diagnostic Techniques Act, 1994, The Dowry
Prohibition Act 1961 then on. to require simpler actions against violations
below the National Commission for Women Act 1990. established and organise
awareness workshops and consultations retailers.
The objectives of NCW area unit as follows:
Power of NCW
- To counsel the govt concerning policies concerning Women,
- A platform to redress the grievances,
- To form recommendations with reference to legislation measures,
- To review legal and constitutional safeguards for Women.
Function of NCW
- Offer consultation on all major policy matters that have an effect on
- Provision summons for the examination of documents and therefore the
- It's the facility to form any public record.
- Receiving proof on affidavits
- Discovery and production of documents
- Invocation and social control
The functions of the NCW area unit are difficult and it
needs effective implementation. It works with the control agency to resolve
complaints that area units received. This is often in the main for Indian women
world health organization area units abandoned by their husbands in foreign
countries. To produce acceptable conciliation, mediation between parties.
Networking with NGOs and such organisations that aid in recognising the rights
and defend that of women. Offer legal proceeding help to distressed women. To
create a correct record of an information bank of all cases with reference to
the rights of women. Create correct reports to furnish to the govt. Regarded its
operating timely. To represent associates in the nursing consultative committee
panel of advocates and NGOs to support women. And at identical time a panel of
consultants to handle the aggrieved women. Finally, to create coaching modules
and make awareness among the individuals.
The functions of the National Commission for women are as follows
Reform And Suggestions
The major problems round the operating of the national commission for
women area unit as follows:
- Presentation of reports
- Investigation and Examination
- Cases of Violation
- Suo Motu Notice
- Special studies and investigation
- Participation in all spheres particularly in planning
- Funding and Reporting
- The national commission for women functions is hooked into the grants
offered by the central government. Monetary help provided to the commission
is extraordinarily less to cater to its desires.
- National commission for women members area unit appointed by the govt.
And thus, the commission doesn’t have the ability to choose its members.
- The national commission for women lacks concrete legislative power. It
enjoys power solely to advocate amendments and submit reports.
These suggestions created by the national commission
for women had no enforceability worth over any state or central government. It's
an entity to require measures if any issue arises. There area unit varied
unreported cases of violence against women. This case doesn't get light-weight
because of the worry issue. There's a high demand for reforms and suggestions to
be incorporated within the national commission for women.
Being with simpler rehabilitation for rape survivors and
providing them with content and relief. Conducting workshops to make awareness
among all people. To ascertain equality real sense of authorisation begins at
the grassroots level that's from every house within the country and the
families. Invest a lot in tending and sanitation amenities for women to confirm
health and hygiene. Insert correct network and content teams to make and improve
the morale of women.
This can guarantee their prosperity and additionally
establish self-development centres for the expansion and integrity of women. To
use women in tiny work so they're freelance and make sure that they're not
exploited. This can offer them a way of security. Finally educating them
concerning their rights and liberty.
The National Commission has managed to fulfil the mandate but not to the great
extent. They must be granted the power to select its own members with no
prejudice and will have a good knowledge of the law and understand society and
human behaviour. The Commission must be given good funds in the Union and also
from State Budgets in order to facilitate good functioning. There is a need for
an increase of awareness and enlightenment especially required among uneducated
women in the rural areas.
The Commission should take steps to address their rights and Conduct awareness
programs. There should be a good network of individuals employed to reach out
and help women who are vulnerable and prone to exploitation. The National
Commission for Women Still needs Improvement.
It's not only the duty of the state but also its our responsibility to take care
of such misconduct in our society. There should be a more public awareness of
the women's oppression so as to make the work of the national commission for
women more justifiable.
Written By: R. Veeramuthu
- Bodhisattwa gautam v. Subra chakraborty (air 1996 SC 922
- Chairman Rly Board V. Chandrima Das (Air 2000 Sc 988).
- Visakha V. The State of Rajasthan, (Air 1997 Sc 3011).
- Bhateri Gang Rape Case (Rajasthan)
- Capital Punishment/ Death Penalty (Ramshree's Case
- Against Outdated Customs & Traditions Maimon Baskari's Nuh (Haryana)
- Fakhruddin Mubarak Shaik Vs. Jaitunbi Mubarak Shaik,
- Y Abraham Ajith Vs Inspector of Police, Chennai and Anr 2004 Iii Ad (Crl)
- Smt Seema Vs Ashwani Kumar, Transfer Petition (Civil) No 291 Of 2005
- Shikha Sharma's Case