National Commission for Women (NCW): Challenges, Controversies, and the Road Ahead for Gender Equality – Part 2

The National Commission for Women: Navigating Challenges, Addressing Controversies, and Charting a Course for True Gender Equality (Part 2)

Welcome back to our deep dive into the National Commission for Women (NCW). In Part 1 of this series, we explored the foundational aspects of the NCW – its establishment as a statutory body under the National Commission for Women Act, 1990, its composition, and its broad mandate to protect and promote the rights and interests of women in India. We discussed how the NCW serves as a crucial mechanism for reviewing constitutional and legal safeguards, recommending remedial legislative measures, and facilitating the redressal of grievances.

However, like any institution operating within a complex socio-political landscape, the NCW has faced its share of significant challenges and controversies throughout its journey. Understanding these impediments is vital to appreciating the NCW's impact and envisioning its future role in achieving true gender equality in India.

In this second part of our blog series, we will confront these critical aspects head-on. We will delve into the structural and operational challenges that have historically limited the NCW's effectiveness, analyze the major controversies that have sometimes clouded its reputation, and finally, look towards the road ahead – exploring potential reforms and the evolving role of the NCW in a rapidly changing India.

Challenges Faced by the National Commission for Women: A Closer Look

Despite its noble objectives and statutory backing, the NCW operates under several constraints that impact its optimal functioning. These challenges are multi-faceted, stemming from its design, resources, and the environment it operates in.

1. Limited Powers and Recommendatory Nature:

Perhaps the most significant challenge confronting the NCW is its predominantly recommendatory nature. Unlike constitutional bodies such as the National Human Rights Commission (NHRC), the NCW lacks the power to enforce its decisions or issue binding directives. While it can investigate matters, summon individuals, and recommend actions to the government or other authorities, these recommendations are not legally binding. This often leaves the NCW without the necessary "teeth" to ensure compliance and prompt action on its findings. Critics argue that this limits the NCW's impact, making it merely a "toothless" body in certain situations.

Visual Aid: Comparing Powers - NCW vs. NHRC

Explanation: This table highlights the difference in the legal authority between the NCW and the NHRC, a frequently cited comparison. It visually demonstrates the NCW's limitation in enforcing its recommendations, a key challenge.

2. Financial Constraints and Dependence:

The NCW is heavily reliant on grants from the Central Government for its funding and operational expenses. This financial dependence can potentially compromise its autonomy and ability to function without external pressure. Inadequate budgetary allocations can also limit its outreach programs, investigative capacity, and ability to provide comprehensive support to women across the country, especially in rural and remote areas.

3. Issues with Appointment Procedure and Political Interference:

The members and the Chairperson of the NCW are appointed by the Central Government. Critics argue that the appointment procedure lacks transparency and can be susceptible to political influence, potentially leading to the appointment of individuals with political affiliations rather than those with deep expertise and a proven track record in women's rights advocacy. This perceived lack of independence in appointments can raise questions about the commission's impartiality and willingness to take up cases that may be politically sensitive or reflect negatively on the government.

4. Lack of Independent Staff and Infrastructure:

The NCW often lacks independent investigative machinery and adequate dedicated staff, relying on deputations from government departments. This can impact the efficiency and speed of investigations and inquiries. Furthermore, the absence of sufficient infrastructure, particularly at regional and district levels, hinders its ability to reach a wider population and effectively address grievances from all parts of the country.

5. Limited Awareness and Accessibility:

Despite its mandate, many women, especially in rural and remote areas, remain unaware of the NCW's existence, role, and the avenues available to them for seeking redressal. This limited awareness and accessibility restrict the number of cases that are reported to the commission, diminishing its potential impact on a larger scale.

6. Broad Mandate and Overlapping Jurisdictions:

The NCW has a very broad mandate encompassing a wide range of issues affecting women. While comprehensive, this can also lead to the commission being stretched thin and facing challenges in effectively prioritizing and addressing all concerns. Moreover, there can be instances of overlapping jurisdictions with State Women Commissions and other government bodies, potentially leading to confusion and inefficiencies in addressing women-centric issues.

Visual Aid: Flowchart of NCW's Complaint Redressal Process (Simplified)

graph TD
    A[Complaint Received by NCW] --> B[Scrutiny and Registration]
    B --> C{Nature of Complaint}
    C --> D[Investigation/Inquiry]
    D --> E[Collection of Evidence/Information]
    E --> F{Findings and Recommendations}
    F --> G[Recommendations to Concerned Authority]
    G --> H{Implementation Status}
    H --> I[Monitoring and Follow-up]
    I --> J{Resolution/Further Action}
    C --> K[Referred to State Commission/Other Body]
    K --> H

Explanation: This flowchart illustrates the general process the NCW follows upon receiving a complaint. It highlights the crucial step of making recommendations to the concerned authority (G) and the subsequent monitoring (I), underscoring the point that the NCW's power lies primarily in recommending rather than direct enforcement.

Controversies Surrounding the National Commission for Women

Over the years, the NCW has also been embroiled in several controversies that have drawn criticism and debate regarding its functioning, impartiality, and effectiveness.

1. Controversial Statements and Victim Blaming:

On several occasions, members of the NCW have faced criticism for making insensitive or controversial statements, sometimes perceived as victim-blaming. Notable instances include:

• Mangalore Pub Attack (2009): A member's remarks suggesting the women should have protected themselves drew sharp criticism and were seen as insensitive.
• Guwahati Molestation Case (2012): Comments by the then-chairperson suggesting women should "be careful how you dress" were widely condemned as victim-blaming.
• Badaun Rape and Murder Case (2021): A member's statement attributing part of the blame to the victim for being out late at night sparked outrage and questioned the sensitization of commission members.

Such instances have raised concerns about the attitude and understanding of gender issues among some appointees and have unfortunately tarnished the commission's image as a protector of women's rights.

2. Perceived Political Bias and Selective Engagement:

Critics have sometimes alleged that the NCW's response to incidents and its choice of issues to prioritize are influenced by political considerations. There have been accusations of perceived silence or delayed responses to incidents of violence against women in states governed by certain political parties, while being more vocal about issues in states governed by others. This selective engagement, if true, undermines the commission's credibility as an independent and impartial body.

3. Handling of Specific High-Profile Cases:

The NCW's handling of certain high-profile cases has also drawn criticism. For instance, its response to sexual harassment allegations against a former Chief Justice of India in 2019 raised concerns about its proactiveness and perceived reluctance to pursue the matter vigorously. Similarly, the commission's response to the Manipur violence has also been criticized for not being swift and proactive enough.

4. Stand on Legal Issues:

The NCW's stance on certain legal matters has also sparked debate. For example, its initial position on Section 497 of the Indian Penal Code (adultery) was criticized for suggesting women were never offenders, which was seen by some as not aligning with principles of gender equality in culpability.

These controversies, while not defining the entirety of the NCW's work, have highlighted the need for greater transparency, accountability, and demonstrable impartiality in its functioning and public pronouncements.

Analyzing the Impact: Despite the Challenges and Controversies

It is important to acknowledge that despite the challenges and controversies, the NCW has made significant contributions since its inception. It has played a crucial role in bringing women's issues to the forefront of national discourse and advocating for legislative changes.

• Legislative Recommendations: The NCW has been instrumental in reviewing existing laws and recommending amendments to strengthen legal safeguards for women. Its recommendations have contributed to the passage of important legislation such as the Protection of Women from Domestic Violence Act, 2005, and the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.
• Investigation and Inquiry: The NCW has investigated numerous complaints of violence, discrimination, and harassment against women, providing a platform for victims to voice their grievances and seeking redressal from concerned authorities.
• Legal Awareness and Support: The commission has conducted legal awareness programs and Lok Adalats (people's courts) to educate women about their rights and provide legal aid.
• Policy Advocacy: The NCW has actively participated in the planning process for the socio-economic development of women and advised the government on policy matters affecting women.
• Capacity Building and Sensitization: The NCW has undertaken initiatives for gender sensitization of police personnel and other officials to ensure better handling of cases related to crimes against women.

While the impact could undoubtedly be greater with enhanced powers and resources, the NCW has undeniably played a vital role in pushing for a more gender-just society in India.

The Road Ahead: Recommendations and Potential Reforms

Addressing the challenges and learning from the controversies is essential for the NCW to enhance its effectiveness and truly fulfill its mandate in the years to come. Several recommendations and potential reforms have been proposed by experts, civil society organizations, and even within the commission itself.

1. Granting Constitutional Status:

A long-standing demand has been to accord constitutional status to the National Commission for Women, similar to bodies like the National Human Rights Commission or the National Commissions for Scheduled Castes and Scheduled Tribes. Granting constitutional status would provide the NCW with greater autonomy, authority, and financial independence, potentially insulating it from political pressures and enhancing its ability to function as a more powerful watchdog.

Visual Aid: Impact of Constitutional Status

graph TD
    A[Current Status: Statutory Body] --> B{Challenges: Limited Power, Dependence, etc.}
    B --> C[Reduced Effectiveness]
    A --> D[Proposed: Constitutional Status]
    D --> E{Potential Benefits: Enhanced Autonomy, More Authority, Independent Funding}
    E --> F[Increased Effectiveness and Credibility]

Explanation: This diagram visually represents the potential positive impact of granting constitutional status to the NCW, linking it to overcoming existing challenges and improving effectiveness.

2. Enhancing Enforcement Powers:

Strengthening the NCW's powers to enforce its recommendations is crucial. This could involve amending the NCW Act, 1990, to grant the commission powers to issue binding directives, impose penalties for non-compliance, or have a more direct role in legal proceedings. Giving the NCW more "teeth" would ensure that its findings and recommendations translate into concrete action on the ground.

3. Ensuring Independent Funding and Staff:

Providing the NCW with an independent budget and dedicated, specialized staff would significantly improve its operational capacity and reduce its reliance on government grants and deputed personnel. This would enhance its ability to conduct thorough investigations, expand its outreach, and respond promptly to complaints.

4. Transparent and Independent Appointment Process:

Reforming the appointment process for the Chairperson and members to make it more transparent and independent of executive influence is vital. Including representation from diverse backgrounds, including grassroots activists, legal experts, and academics with a deep understanding of women's issues, would enhance the commission's expertise and credibility.

5. Increased Awareness and Decentralized Functioning:

Launching widespread awareness campaigns, especially in rural and remote areas, is essential to inform women about their rights and the NCW's role. Strengthening State Women Commissions and establishing a stronger presence at the district level would improve accessibility and enable the NCW to address grievances more effectively across the country.

6. Gender Sensitization and Capacity Building:

Regular and comprehensive gender sensitization and capacity-building programs for the members and staff of the NCW, as well as for police and other government officials, are crucial to ensure a sensitive and effective response to women's issues.

7. Leveraging Technology and Data:

Utilizing technology for online complaint registration, tracking, and data analysis can improve efficiency and accessibility. Maintaining a comprehensive database of cases and trends can also help in identifying systemic issues and informing policy recommendations.

8. Collaborative Approach:

Fostering stronger collaboration and coordination with State Women Commissions, civil society organizations, NGOs, and other stakeholders working on women's rights is essential to create a more unified and effective ecosystem for addressing women's issues.

Conclusion: Towards a More Empowered NCW

The National Commission for Women stands at a critical juncture. While it has made valuable contributions to advancing women's rights in India, the challenges and controversies it has faced underscore the need for significant reforms. Transforming the NCW into a truly empowered, autonomous, and effective institution requires a concerted effort from the government, civil society, and the commission itself.

By addressing the limitations in its powers, ensuring financial and operational independence, reforming the appointment process, and enhancing its reach and capacity, the NCW can become a more formidable force in safeguarding the constitutional promise of gender equality. The road ahead demands a commission that is not only reactive to complaints but is also proactive in identifying systemic issues, advocating for transformative policies, and holding accountable those who violate women's rights.

The vision for the NCW's future is one where it is a truly independent, powerful, and accessible institution that serves as a beacon of hope and justice for every woman in India, contributing significantly to the nation's journey towards being a truly equitable society.

Practice Questions & Exercises

To test your understanding of the challenges and controversies surrounding the National Commission for Women, attempt the following questions:

Multiple Choice Questions (MCQs):

1. Which of the following is considered a major limitation of the National Commission for Women? (a) It has constitutional status. (b) Its recommendations are legally binding. (c) It is primarily a recommendatory body. (d) It has independent funding from the Parliament.

2. Controversies surrounding the NCW have often involved: (a) Its extensive enforcement powers. (b) Allegations of political neutrality. (c) Statements made by its members perceived as victim-blaming. (d) Its complete independence from government funding.

3. A key reform often suggested to enhance the NCW's effectiveness is: (a) Reducing its mandate to specific issues. (b) Making it a department under a Ministry. (c) Granting it constitutional status. (d) Decreasing public awareness about its functions.

4. The NCW's reliance on government grants for funding raises concerns about: (a) Its extensive outreach programs. (b) Its financial autonomy and independence. (c) The speed of its complaint redressal. (d) The number of cases it can investigate suo motu.

Scenario-Based Question:

A serious incident of violence against women occurs in a particular state, drawing national attention. However, critics observe a delayed and seemingly hesitant response from the National Commission for Women regarding this incident, while the commission has been very vocal about similar incidents in other states in the past.

Based on your understanding of the challenges and controversies discussed, what potential reasons could be attributed to this perceived difference in the NCW's response? Discuss at least two possible factors.

Match the Following:

Match the controversy/challenge with the related issue:

Diagram-Based Question:

Refer to the "Flowchart of NCW's Complaint Redressal Process (Simplified)" provided in the blog. Based on the flowchart and your reading, explain how the lack of enforcement power at Step G (Recommendations to Concerned Authority) can potentially impact the subsequent steps in the process.

Answer Key & Explanations:

MCQs:

1. (c) It is primarily a recommendatory body. This is a fundamental challenge, limiting its ability to enforce decisions.
2. (c) Statements made by its members perceived as victim-blaming. This has been a recurring controversy.
3. (c) Granting it constitutional status. This is a major recommendation for enhancing its power and independence.
4. (b) Its financial autonomy and independence. Dependence on government funding can potentially compromise its independent functioning.

Scenario-Based Question Answer:

Potential reasons for the perceived difference in response could include:

1. Political Interference: Allegations of political bias suggest that the commission's responsiveness might be influenced by the political affiliation of the ruling government in the state where the incident occurred. This could lead to a more subdued or delayed reaction in states governed by the same political party as the center.
2. Resource Constraints or Bureaucratic Delays: While less controversial, logistical issues, limited staff, or bureaucratic hurdles in coordinating with the specific state government or police could genuinely lead to delays in the NCW's response, regardless of political considerations.

Match the Following Answers:

1. (B)
2. (A)
3. (C)
4. (D)

Diagram-Based Question Answer:

At Step G, the NCW makes recommendations to the concerned authority. If the NCW lacks enforcement power, the concerned authority is not legally bound to implement these recommendations. This can directly impact:

• Step H (Implementation Status): The implementation of the recommendations might be delayed, partially done, or even ignored by the concerned authority.
• Step I (Monitoring and Follow-up): While the NCW can monitor and follow up, its inability to enforce means it cannot compel the authority to act, making the follow-up process less effective in achieving the desired outcome.
• Step J (Resolution/Further Action): The lack of implementation at Step H can prevent the case from reaching a satisfactory resolution, potentially requiring further, often prolonged, action without the guarantee of the NCW's recommendations being followed.

Recommended Books

You can explore these highly recommended resources for a deeper understanding.

• Indian Polity (English) by M Laxmikanth for UPSC CSE 2025 | 7th edition (latest) | Civil Services Exam - Prelims, Mains and Interview | State PSCs exams/ PCS exams - by M Laxmikanth
• Oswaal NCERT One For All Book for UPSC & State PSCs | Indian Polity Classes 6-12 - by Oswaal Editorial Board
• Bharat Ki Rajvyavastha (भारत की राजव्यवस्था) - M Laxmikanth for UPSC CSE