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National Commission for Women (NCW) UPSC Notes: Objectives, Powers & More

Last Updated on Nov 15, 2024
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The National Commission for Women established in 1992, is a body with the authority to assess the country’s constitutional safeguards for women. The commission’s major proposal is to facilitate redressal channels while simultaneously enacting legislative steps to reduce disparities. The panel has the authority of a civil court and advises the government on creating policies and legislation that are more likely to preserve and safeguard women’s rights. The first commission was formed on January 31, 1992, and was led by Jayanti Patnaik. Alok Rawat IAS was the NCW’s first male member.

Source: NCW

In this article on the National Commission for Women UPSC, we will know the history, objectives, working, powers, & importance of the National Commission for Women. All these dimensions are important for competitive examinations like IAS, IPS, IFS, etc. Study major topics of Indian Polity from the perspective of UPSC Exams. 

About the National Commission for Women

The national commission for women is a statutory body set up in 1992 under the national commission for women act to review the constitutional and legal safeguards for women. It also recommends remedial legislative measures, facilitates redressal of grievances, and advises the government on all policy matters affecting women. It was set up as a national machinery to protect and promote the interests of women in India.

Background of NCW

The need for a national commission for women was felt after the 4th World Conference on Women held in Beijing in 1995. In this conference, India committed to setting up a national commission for women. Prior to this, the Committee on the Status of Women in India (CSWI) was set up in 1971 to examine the constitutional, legal, and administrative provisions that have a bearing on the social status of women. The CSWI recommended the setting up of a permanent national commission for women. This led to the establishment of the national commission for women in 1992.

Check the Other Notes of Polity for Competitive Exams here.

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Objectives of the National Commission for Women

The primary objective of the National Commission for Women (NCW) is to safeguard and promote the rights and welfare of women in India. It aims to ensure gender equality and to address issues affecting women's lives, providing them with legal aid and support.

  • To review the constitutional and legal safeguards for women and recommend remedial legislative measures.
  • To facilitate redressal of grievances related to the deprivation of the rights and safeguards for women provided in the Constitution and other laws.
  • To advise the Central Government on all policy matters affecting women.
  • To conduct investigations and examinations on matters relating to the constitutional and legal rights of women.
  • To participate and advise on the planning process for the socio-economic development of women.
  • To evaluate the progress of the development of women under the Union and State Governments.

Also, read the article on the National Commission for Scheduled Castes here.

Composition of the National Commission for Women

The NCW consists of a chairperson, appointed by the Central Government, and five members who are experts in various fields related to women's issues. These members work together to address and advocate for women's rights and welfare.

  • A chairperson of national commission for women who is appointed by the Central Government.
  • Five members to be appointed from amongst persons of ability, integrity, and standing who have had experience in law, legislation, trade unionism, management of an industry or organization committed to increasing the employment potential of women, women's voluntary organizations (including women activists), or administration.
  • One member to be appointed from amongst persons belonging to the Scheduled Castes or Scheduled Tribes.
  • One member to be appointed from amongst persons belonging to Other Backward Classes.
  • Three persons to be appointed as special invitees from amongst persons with specialized knowledge or practical experience in matters relating to the empowerment of women, child welfare, and laws concerning women.

The members of the commission hold office for a term of three years.

Powers and Functions of the National Commission for Women

The NCW has the authority to investigate and examine matters relating to women's rights violations, recommend measures for their protection, and review existing legislation to suggest amendments. It also conducts research, promotes awareness, and collaborates with NGOs and other organizations.

  • Investigating and examining all matters relating to the safeguards provided for women under the Constitution and other laws.
  • Reviewing the existing provisions of the Constitution and other laws affecting women and recommending amendments to meet any lacunae, inadequacies, or shortcomings in such laws.
  • Participating and advising on the planning process for the socio-economic development of women.
  • Evaluating the progress of the development of women under the Union and State Governments.
  • Inspecting or carrying out visits to jails, remand homes, women's institutions, and other places of custody where women are kept. This is to study the living conditions of the inmates and make recommendations.
  • Looking into complaints and taking suo motu notice of matters relating to the deprivation of women's rights, non-implementation of laws enacted for the protection and advancement of women, and non-compliance with policy decisions and guidelines aimed at mitigating hardships and ensuring welfare and providing relief to women.
  • Undertaking promotional and educational research so as to suggest ways of ensuring due representation of women in all spheres and identifying factors responsible for impeding their advancement.
  • Reviewing, from time to time, the existing techniques and methods of investigation and prosecution of offenses where women are victims, and making recommendations for their improvement.

Also, read the article on Central Vigilance Commission (CVC) here.

Initiatives Undertaken by the National Commission for Women

The NCW undertakes various initiatives, such as legal awareness programs, counseling services, research studies, and policy recommendations. It also launches campaigns and projects aimed at addressing specific issues like domestic violence, trafficking, and workplace harassment.

  • Conducting investigations and inquiries into cases of violation of women's rights.
  • Organizing workshops, seminars, and training programs to create awareness about women's rights and laws.
  • Issuing advisories and guidelines to the government on important issues affecting women.
  • Intervening in court cases related to women's rights and empowerment.
  • Launching public awareness campaigns on gender-based violence, trafficking, and other issues.
  • Establishing a Complaint and Investigation Cell to address grievances of women.
  • Setting up a legal cell to provide free legal aid and counseling to women in distress.
  • Collaborating with civil society organizations and women's groups to strengthen the women's rights movement.

Challenges Faced by the National Commission for Women

The NCW faces challenges such as limited resources, bureaucratic hurdles, and sometimes inadequate support from state governments. It also struggles with societal attitudes and resistance when addressing deeply rooted gender biases and discrimination.

  • Inadequate financial and human resources to address the growing number of complaints and cases.
  • Limited enforcement powers, as the commission can only make recommendations to the government.
  • Lack of awareness about the commission's role and functions among the general public.
  • Delay in the appointment of members, which affects the commission's functioning.
  • Interference from political and bureaucratic quarters in the commission's functioning.
  • Lack of coordination with state-level women's commissions and other agencies working on women's issues.

Read the Right to Information (RTI) Act article here.

Controversies associated with the National Commission for Women

The NCW has been involved in controversies related to its handling of high-profile cases, perceived biases, and accusations of inefficiency or ineffectiveness in addressing certain issues. These controversies often lead to public and media scrutiny.

  • Allegations of political bias and partisan behavior in handling certain cases.
  • Criticism for its ineffective handling of high-profile cases of sexual harassment and violence against women.
  • Charges of being insensitive to the concerns of marginalized groups of women, such as Dalit, tribal, and minority women.
  • Allegations of nepotism and lack of transparency in the appointment of members.
  • Concerns about the commission's overstepping its jurisdiction and interfering in the functioning of other government agencies.

Read the article on Comptroller and auditor general of India for UPSC here!

Strategies to Improve the Working of the National Commission for Women

Source: NCW

Improving the NCW's effectiveness could involve increasing its funding, enhancing collaboration with other government and non-governmental bodies, and implementing stronger monitoring and evaluation mechanisms. Training and capacity-building for members and staff can also help in better addressing women's issues.

  • Providing the commission with adequate financial and human resources to enhance its capacity.
  • Granting the commission more enforcement powers to ensure the implementation of its recommendations.
  • Launching widespread awareness campaigns to educate the public about the commission's role and functions.
  • Ensuring timely appointment of members and maintaining the Commission's independence from political interference.
  • Strengthening the coordination between the National Commission for Women and state-level women's commissions to create a more robust framework for women's rights protection.
  • Introducing greater transparency and accountability in the commission's functioning, including in the appointment of members and handling of complaints.
  • Expanding the scope of the commission's work to address the concerns of marginalized groups of women, such as Dalit, tribal, and minority women.

Key Takeaways for UPSC Aspirants

  • Establishment: The NCW was set up in January 1992 under the National Commission for Women Act, 1990. It is aimed at protecting and promoting the rights and welfare of women in India.
  • Composition: The NCW consists of a Chairperson nominated by the Central Government, five members with expertise in women's issues, and a Member Secretary, who is a woman civil servant.
  • Primary Functions: The NCW reviews and monitors all matters relating to the constitutional and legal safeguards provided for women, recommends remedial legislative measures, facilitates redressal of grievances, and advises the government on all policy matters affecting women.
  • Investigative Powers: The NCW has the authority to investigate specific complaints regarding the deprivation of women's rights and to take suo moto notice of issues like non-implementation of protective laws, non-compliance of policy decisions, or cases involving grave concern for women's welfare.
  • Research and Advocacy: The NCW undertakes and sponsors research studies, promotes awareness programs, and works to generate public opinion in favor of policies aimed at women's empowerment and gender equality.
  • Collaborations and Capacity Building: The NCW collaborates with NGOs, academic institutions, and other bodies to conduct workshops, seminars, and educational programs, and strengthens capabilities related to handling women's issues effectively.
  • Grievance Redressal Mechanism: The NCW addresses individual complaints and provides a mechanism for women to seek justice regarding violations such as domestic violence, workplace harassment, dowry demands, and trafficking.
  • Legal and Policy Recommendations: The NCW actively suggests amendments to existing laws and proposes new legislation for the protection of women's rights. It also reviews and comments on bills related to women's issues before Parliament.
  • Significant Interventions: The NCW has made notable interventions in cases like dowry deaths, sexual harassment at workplaces, representation in politics, trafficking, and improving conditions for women prisoners.
  • Challenges: Despite its significant role, the NCW faces challenges such as limited financial and human resources, bureaucratic delays, and the need for more substantial enforcement power to implement its recommendations effectively.

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National Commission for Women UPSC FAQs

The present chairman of national commission for women is Rekha Sharma, who was appointed in 2018.

The national commission for women act was enacted in 1990 to establish the National Commission for Women.

The national commission for women is responsible for reviewing the constitutional and legal safeguards for women, recommending remedial legislative measures, facilitating redressal of grievances, and advising the government on all policy matters affecting women.

The headquarter of the national commission for women is located in New Delhi.

The national commission for women is composed of a chairperson of national commission for women and 12 other members.

The national commission for women is a constitutional body and its members, including the chairperson of national commission for women, are appointed by the Central Government.

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