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National Commission for Women

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.

Introduction
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.

It's 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.

History
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 Women.

Landmark Judgement
  • Bodhisattwa Gautam v. Subra Chakraborty (AIR 1996 SC 922).[1
  • Chairman Rly Board v. Chandrima Das (AIR 2000 SC 988).[2]
  • Visakha v. The State of Rajasthan, (AIR 1997 SC 3011).[3]
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 1992.

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 several sections.
  • 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) [4]

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).[5]

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.

Obscenity Cases

  • 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.[6]

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,[7] 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 [8], 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 appropriate court.

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.

Therefore, in 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,[9] 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 [10]

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.

Objective
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:
  1. To counsel the govt concerning policies concerning Women,
  2. A platform to redress the grievances,
  3. To form recommendations with reference to legislation measures,
  4. To review legal and constitutional safeguards for Women.
Power of NCW
  1. Offer consultation on all major policy matters that have an effect on Women
  2. Provision summons for the examination of documents and therefore the witnesses.
  3. It's the facility to form any public record.
  4. Receiving proof on affidavits
  5. Discovery and production of documents
  6. Invocation and social control
Function of NCW
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
  1. Presentation of reports
  2. Investigation and Examination
  3. Review
  4. Cases of Violation
  5. Suo Motu Notice
  6. Evaluation
  7. Recommendation
  8. Special studies and investigation
  9. Research
  10. Participation in all spheres particularly in planning
  11. Inspection
  12. Funding and Reporting

Reform And Suggestions
The major problems round the operating of the national commission for women area unit as follows:
  1. 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.
  2. National commission for women members area unit appointed by the govt. And thus, the commission doesn’t have the ability to choose its members.
  3. 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.

Conclusion
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.

References:
  • http://ncw.nic.in/
  • http://ncwapps.nic.in/PDFFiles/NCWACT.pdf
  • https://wcd.nic.in/sites/default/files/Executive%20Summary_HLC_0.pdf
  • https://en.wikipedia.org/wiki/National_Commission_for_Women
  • https://www.justice.gov/sites/default/files/eoir/legacy/2013/11/08/1the-national-commission-for-women
  • https://blog.ipleaders.in/national-commission-women-working-composition-functions/
  • https://timesofindia.indiatimes.com/topic/National-Commission-for-Women
End-Notes:
  1. Bodhisattwa gautam v. Subra chakraborty (air 1996 SC 922
  2. Chairman Rly Board V. Chandrima Das (Air 2000 Sc 988).
  3. Visakha V. The State of Rajasthan, (Air 1997 Sc 3011).
  4. Bhateri Gang Rape Case (Rajasthan)
  5. Capital Punishment/ Death Penalty (Ramshree's Case
  6. Against Outdated Customs & Traditions Maimon Baskari's Nuh (Haryana) Case
  7. Fakhruddin Mubarak Shaik Vs. Jaitunbi Mubarak Shaik,
  8. Y Abraham Ajith Vs Inspector of Police, Chennai and Anr 2004 Iii Ad (Crl) Sc 468
  9. Smt Seema Vs Ashwani Kumar, Transfer Petition (Civil) No 291 Of 2005
  10. Shikha Sharma's Case
Written By: R. Veeramuthu

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