National Commission for Women (NCW): Role, Functions, and Legal Reforms for Women’s Rights in India – Part 1

National Commission for Women (NCW): Advocating Women’s Rights and Legal Reforms in India - (Part 01)

The pursuit of gender equality and the empowerment of women have been critical aspects of India's post-independence journey. While the Constitution of India guarantees equality and prohibits discrimination on the basis of sex, the socio-economic realities have often presented significant challenges to the full realization of these ideals. Recognizing the need for a dedicated mechanism to address the myriad issues faced by women, the Indian Parliament established the National Commission for Women (NCW). This comprehensive note, the first in a series, delves into the foundational aspects of the NCW, exploring its establishment, legal basis, composition, and initial mandate.

1. Introduction: The Genesis of a National Watchdog

The idea of a national body to safeguard women's rights in India gained traction over several decades, stemming from the recommendations of various committees and plans that highlighted the need for an apex body to monitor and address issues affecting women. Notably, the Committee on the Status of Women in India (CSWI) in its 1974 report, "Towards Equality," strongly recommended the establishment of a National Commission for Women to fulfill surveillance functions, facilitate grievance redressal, and accelerate the socio-economic development of women. Subsequent plans and commissions echoed this recommendation, underscoring the persistent need for such an institution.

The formal step towards creating this body was taken in 1990 with the introduction of the National Commission for Women Bill in the Lok Sabha. Following consultations with non-governmental organizations (NGOs), social workers, and experts, and incorporating suggestions from a national-level conference organized by the Ministry of Human Resource Development, the Bill was passed. It received the President's assent on August 30, 1990, becoming the National Commission for Women Act, 1990. Consequently, the National Commission for Women was constituted as a statutory body in January 1992.

The establishment of the NCW marked a significant legislative step, creating a dedicated national institution to focus on women's issues, review legal and constitutional safeguards, and recommend remedial measures.

2. Legal Basis: The National Commission for Women Act, 1990

Unlike some other national commissions in India, such as the National Human Rights Commission, the National Commission for Women is a statutory body, not a constitutional body. This means it was established by an Act of Parliament, the National Commission for Women Act, 1990, and does not derive its authority directly from the Constitution of India. This distinction is crucial as it defines the scope of its powers and functions, which are explicitly laid down in the Act.

The Preamble to the Act states that it is an Act "to constitute a National Commission for Women and to provide for matters connected therewith or incidental thereto." The Act outlines the composition of the Commission, the terms of service for its members, its functions, and its powers.

Key Provisions of the National Commission for Women Act, 1990:

• Section 3: Constitution of the National Commission for Women: This section details the composition of the Commission.
• Section 4: Term of office and conditions of service of Chairperson and Members: This section specifies the tenure and conditions governing the service of the Chairperson and members.
• Section 9: Procedure to be regulated by the Commission: This section allows the Commission to regulate its own procedure.
• Section 10: Functions of the Commission: This is a pivotal section enumerating the wide range of functions entrusted to the Commission.
• Powers of the Commission: The Act vests the Commission with the powers of a civil court in certain matters, which are essential for its investigative functions.

The Act provides the legal framework within which the NCW operates, empowering it to investigate, recommend, and advise on matters related to women's rights and welfare.

3. Composition and Structure: The Pillars of the Commission

The National Commission for Women is structured to bring together individuals with diverse expertise and experience in areas relevant to women's issues. As per Section 3 of the National Commission for Women Act, 1990, the Commission comprises:

• A Chairperson: Nominated by the Central Government, the Chairperson is expected to be committed to the cause of women.
• Five Members: Also nominated by the Central Government from amongst persons of ability, integrity, and standing. These members should have experience in various fields such as law or legislation, trade unionism, women's voluntary organizations, administration, health, education, economic development, and social well-being. The Act specifically mandates that at least one Member each shall be from amongst persons belonging to the Scheduled Castes and Scheduled Tribes.
• A Member-Secretary: Nominated by the Central Government, the Member-Secretary is an expert in the field of management, organizational structure, or sociological movement, or an officer who is a member of a civil service of the Union or of an all-India service or holds a civil post under the Union with appropriate experience.

The Chairperson and every Member hold office for a period of three years or until they attain the age of sixty-five years, whichever is earlier. The Central Government has the power to remove the Chairperson or any Member from office under specific circumstances outlined in the Act, such as being adjudged insolvent or engaging in paid employment outside their official duties.

The composition is designed to ensure a multi-disciplinary approach to addressing women's issues, drawing upon legal, administrative, social, and grassroots expertise.

Visual Representation: Structure of the National Commission for Women

graph TD
    A[Central Government] --> B(National Commission for Women);
    B --> C(Chairperson);
    B --> D(Five Members);
    B --> E(Member-Secretary);
    D --> D1{Expertise in fields like:};
    D1 --> D2(Law/Legislation);
    D1 --> D3(Trade Unionism);
    D1 --> D4(Women's Voluntary Organizations);
    D1 --> D5(Administration, Health, Education, etc.);
    D1 --> D6(At least one from SC);
    D1 --> D7(At least one from ST);
    E --> E1{Expert in:};
    E1 --> E2(Management/Organizational Structure/Sociological Movement);
    E1 --> E3(Civil Service Officer with experience);

Explanation of the Diagram: This organogram illustrates the hierarchical structure of the National Commission for Women. The Central Government is the nominating authority for the Chairperson, the five Members, and the Member-Secretary. The diagram also highlights the required diverse expertise and representation, including members from Scheduled Castes and Scheduled Tribes, ensuring a broad perspective within the Commission.

4. Mandate and Functions: A Broad Ambit of Responsibilities

Section 10 of the NCW Act, 1990, enumerates the functions of the Commission. These functions are comprehensive and empower the NCW to play a proactive role in protecting and promoting women's rights. The key functions include:

• Investigation and Examination of Legal Safeguards: The Commission is mandated to investigate and examine all matters relating to the safeguards provided for women under the Constitution and other laws. This involves reviewing existing legal and constitutional provisions to assess their effectiveness in protecting women's rights.
• Review of Existing Laws and Recommendation of Amendments: The NCW reviews existing laws concerning women and recommends amendments to address any inadequacies, deficiencies, or shortfalls in effectively protecting women. This is a crucial function for ensuring that the legal framework remains relevant and responsive to the evolving needs and challenges faced by women.
• Reporting to the Central Government: The Commission is required to present to the Central Government, annually and at such other times as it may deem fit, reports upon the working of those safeguards. These reports often include recommendations for the effective implementation of safeguards and for improving the conditions of women.
• Recommendations for Effective Implementation: Based on its reviews and investigations, the NCW makes recommendations for the effective implementation of safeguards and measures for improving the conditions of women at the Union and State levels.
• Inquiry into Complaints and Suo Moto Action: The NCW has the power to inquire into specific complaints regarding the deprivation of women's rights and also to take suo moto notice of matters relating to the deprivation of women's rights, non-implementation of laws enacted to provide protection to women, and non-compliance of policy decisions aimed at women's welfare and empowerment. This allows the Commission to act proactively even in the absence of a formal complaint, particularly in cases of grave concern.
• Facilitating Redressal of Grievances: The Commission plays a role in facilitating the redressal of grievances of women related to the deprivation of their rights.
• Advising the Government on Policy Matters: The NCW advises the Central Government on all policy matters affecting women. This advisory role is important for shaping gender-sensitive policies and programs.
• Undertaking Promotional and Educational Research: The Commission can undertake promotional and educational research for identifying factors responsible for violence against women and discrimination, and recommend measures for their removal.
• Inspecting Jails, Remand Homes, etc.: The NCW can inspect jails, remand homes, and other institutions where women are kept as inmates and make recommendations for their cải thiện (improvement).
• Funding Litigation: The Commission is empowered to fund litigation involving issues affecting a large body of women.
• Making Periodical Reports: The Commission can make periodical reports to the Government on any matter pertaining to women and in particular on various difficulties confronted by women.

Visual Representation: Key Functions of NCW

graph TD
    A[NCW Mandate] --> B(Investigate & Examine Safeguards);
    A --> C(Review Laws & Recommend Amendments);
    A --> D(Report to Central Government);
    A --> E(Recommend Effective Implementation);
    A --> F(Inquire into Complaints & Take Suo Moto Action);
    A --> G(Facilitate Grievance Redressal);
    A --> H(Advise Government on Policy);
    A --> I(Undertake Research);
    A --> J(Inspect Institutions);
    A --> K(Fund Litigation);

Explanation of the Diagram: This flowchart visually outlines the core functions of the National Commission for Women as derived from its mandate under the NCW Act, 1990. It shows the broad scope of the Commission's responsibilities, ranging from reviewing legal frameworks to investigating complaints and advising the government.

5. Powers of the Commission: Enabling Effective Functioning

To effectively carry out its functions, the National Commission for Women is vested with certain powers. While its primary role is recommendatory and advisory, the Act grants it powers similar to those of a civil court in certain matters. These powers are crucial for conducting inquiries and investigations.

The Commission, while investigating matters under the Act, has all the powers of a civil court trying a suit, in respect of the following matters:

• Summoning and enforcing the attendance of any person: The NCW can summon any person from any part of India and examine them on oath.
• Requiring the discovery and production of any document: The Commission can demand the discovery and production of relevant documents.
• Receiving evidence on affidavits: The NCW can receive evidence through affidavits.
• Requisitioning any public record: The Commission can requisition any public record or copy thereof from any court or office.
• Issuing commissions for the examination of witnesses and documents: The NCW can issue commissions for the examination of witnesses and documents.

These powers, similar to those of a civil court, enable the NCW to conduct thorough investigations, gather evidence, and summon relevant parties to effectively address complaints and examine issues related to women's rights. However, it is important to note that the NCW itself does not have the power to enforce its recommendations or judgments; its role is primarily advisory and recommendatory to the government and other authorities. This limited enforcement power is often cited as a challenge faced by the Commission.

6. Historical Context and Evolution: From Committee Recommendations to Statutory Body

The journey towards the establishment of the NCW was a gradual process, influenced by the evolving understanding of women's rights and the need for institutional support. The recommendations of the Committee on the Status of Women in India (CSWI) in 1974 were a significant catalyst, highlighting the gap in the existing machinery for addressing women's concerns.

Following the CSWI report, the demand for a national commission for women grew, echoed by various women's organizations and activists. The National Perspective Plan for Women (1988-2000) also strongly advocated for the constitution of an apex body for women.

The legislative process, starting with the introduction of the Bill in 1990, involved consultations and discussions to shape the structure, functions, and powers of the proposed commission. The government's decision to vest the commission with the powers of a civil court was a crucial step towards providing it with the necessary authority to conduct investigations.

Since its establishment in 1992, the NCW has been actively involved in addressing a wide range of issues affecting women, from violence and discrimination to economic empowerment and political participation. The first Commission was constituted on January 31, 1992, with Jayanti Patnaik as the Chairperson. Alok Rawat, an IAS officer, was the first male member of the NCW.

Over the years, the NCW has undertaken various initiatives, including legal awareness programs, public campaigns, and interventions in significant cases. The Commission has also reviewed and recommended amendments to several laws impacting women, such as the Dowry Prohibition Act, 1961, the Pre-Conception and Pre-Natal Diagnostic Techniques Act, 1994, and the Indian Penal Code, 1860. More recently, the NCW has established dedicated cells to address specific issues, such as a J&K and Ladakh Cell and a Psychiatric and Custodial Homes Reform Cell.

The evolution of the NCW reflects the growing recognition of the need for a specialized institution to champion women's rights and work towards gender equality in India.

7. Constitutional Context (or lack thereof): Why Statutory?

It is important to understand why the NCW was established as a statutory body through an Act of Parliament rather than being a constitutional body like the National Human Rights Commission (NHRC), which has its roots in the Protection of Human Rights Act, 1993, enacted in response to international commitments and the Universal Declaration of Human Rights. While both deal with human rights, the specific focus on women's rights led to the creation of a dedicated statutory body.

The Indian Constitution, through Articles like Article 14 (equality before the law), Article 15 (prohibition of discrimination on grounds of religion, race, caste, sex, or place of birth), Article 16 (equality of opportunity in matters of public employment), and Article 21 (protection of life and personal liberty), provides the foundational principles for gender equality. However, it did not explicitly mandate the creation of a specific commission for women.

The establishment of the NCW through legislation allowed for a more detailed outlining of its powers, functions, and composition, tailored specifically to the issues faced by women in India. While a constitutional status might arguably provide greater autonomy and authority, the statutory route enabled the government to establish the commission relatively sooner and define its mandate based on the prevailing social and legal landscape.

The debate about potentially granting the NCW constitutional status to enhance its powers and independence is an ongoing one, often linked to discussions about strengthening its enforcement capabilities.

8. Challenges Faced by the NCW (Brief Overview for Part 01)

While the NCW has played a vital role in advocating for women's rights, it faces several challenges that can impact its effectiveness. These include:

• Limited Legal Power: The NCW's powers are primarily recommendatory, and it lacks the authority to enforce its decisions or take direct legal action against violators.
• Lack of Resources: The Commission often faces constraints in terms of adequate financial and human resources, which can hinder its ability to effectively carry out its mandate, particularly in investigating a large number of complaints and conducting outreach activities.
• Appointment Procedure and Independence: Concerns have been raised regarding the appointment procedure of members by the Central Government, which some argue can potentially impact the Commission's independence and lead to the appointment of individuals with political affiliations.
• Inadequate Representation: The NCW has been criticized for inadequate representation of marginalized women, including those from lower castes, tribes, and religious minorities, which can affect its ability to fully address the diverse needs of women across India.
• Limited Outreach: Reaching women in rural, tribal, and remote areas remains a challenge, leading to low awareness about the Commission's role and how women can access its services.
• Bureaucratic Delays: Delays in complaint resolution due to bureaucratic processes and coordination with other agencies can hinder timely justice for women.

These challenges highlight the need for continuous efforts to strengthen the NCW and enhance its capacity to effectively protect and promote women's rights in India. These challenges will be discussed in further detail in subsequent parts of this series.

Conclusion of Part 01

The National Commission for Women stands as a crucial statutory body in India, born out of a recognized need to address the historical and ongoing challenges faced by women. Established under the NCW Act, 1990, it is mandated to review legal safeguards, investigate violations, recommend reforms, and advise the government on policies affecting women. While vested with powers akin to a civil court for investigative purposes, its core function remains recommendatory. The composition of the Commission, aiming for diverse expertise, reflects an intent to holistically approach women's issues. Despite its significant contributions since 1992, the NCW operates within certain limitations, including its recommendatory nature and resource constraints, which present ongoing challenges to its full effectiveness. This first part has laid the groundwork by exploring the origins, legal foundation, structure, mandate, and powers of the NCW, setting the stage for a deeper dive into its functions, landmark interventions, legal reforms, and contemporary relevance in the subsequent parts.

Practice Questions (Part 01):

Here are some practice questions based on the information covered in Part 01:

Multiple Choice Questions (MCQs):

1. The National Commission for Women (NCW) was established as: (a) A constitutional body (b) A statutory body (c) An executive body (d) A judicial body

2. The National Commission for Women was established under which Act of the Indian Parliament? (a) The Protection of Women from Domestic Violence Act, 2005 (b) The National Commission for Women Act, 1990 (c) The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (d) The Indian Penal Code, 1860

3. As per the National Commission for Women Act, 1990, the Commission shall consist of a Chairperson and how many Members (excluding the Member-Secretary)? (a) Three (b) Four (c) Five (d) Six

4. Which of the following is NOT explicitly listed as a field from which Members of the NCW are nominated according to the NCW Act, 1990? (a) Law or legislation (b) Trade unionism (c) Journalism (d) Women's voluntary organizations

5. The National Commission for Women has the powers of a civil court in respect of which of the following matters? (a) Imposing penalties (b) Enforcing its recommendations (c) Summoning and enforcing the attendance of any person (d) Issuing arrest warrants

Scenario-Based Question:

Imagine a situation where a group of women in a remote village are facing severe discrimination and denial of their rights due to local customs and lack of awareness about their legal entitlements. Explain how the National Commission for Women, based on its mandate and powers discussed in Part 01, could potentially intervene to address this situation. What specific functions could it utilize?

Match the Following:

Match the following terms related to the NCW with their descriptions:

Answer Key and Explanations:

MCQs:

1. (b) A statutory body

   • Explanation: The NCW was created by the National Commission for Women Act, 1990, making it a statutory body, not a constitutional one.

2. (b) The National Commission for Women Act, 1990

   • Explanation: This is the specific Act of Parliament under which the NCW was established.

3. (c) Five

   • Explanation: The Act specifies a Chairperson and five Members, in addition to a Member-Secretary.

4. (c) Journalism

   • Explanation: While expertise in various fields is required, journalism is not explicitly listed among the specified areas of experience for the five members in the provided search results covering Section 3 of the Act.

5. (c) Summoning and enforcing the attendance of any person

   • Explanation: The NCW has powers of a civil court for investigation purposes, including the power to summon individuals. It does not have the power to impose penalties, enforce its recommendations directly, or issue arrest warrants.

Scenario-Based Question Answer:

In the scenario described, the National Commission for Women could intervene using several of its functions and powers:

1. Inquiry into Complaints/Suo Moto Action: The NCW could either receive a complaint from the affected women or a local NGO working in the area, or it could take suo moto notice of the situation based on media reports or other information.
2. Investigation and Examination: Using its powers similar to a civil court, the NCW could summon individuals from the village, local authorities, or anyone relevant to the situation to gather information and evidence regarding the discrimination and denial of rights. It could also require the production of relevant documents.
3. Facilitating Redressal of Grievances: The NCW could work towards facilitating a resolution to the grievances of the women, potentially through mediation or by engaging with the relevant local and state authorities.
4. Recommendations: Based on its investigation, the NCW could make recommendations to the state government and other relevant bodies for taking action against those violating the women's rights and for implementing measures to prevent such incidents in the future.
5. Legal Awareness Programs: The NCW could organize legal awareness programs in the village to educate the women about their constitutional and legal rights and how to access justice.
6. Coordination with Authorities: The NCW could coordinate with the state police, administration, and other government agencies to ensure that the women are protected and that their rights are upheld.

While the NCW cannot directly enforce its findings, its intervention, investigation, recommendations, and awareness campaigns can bring significant pressure to bear on the relevant authorities and help the affected women access justice and relief.

Match the Following Answers:

• Statutory Body - A body established by an Act of Parliament.
• Section 10 - Part of the NCW Act outlining the Commission's functions.
• Chairperson - Head of the National Commission for Women.
• Civil Court Powers - Authority to summon witnesses and demand documents for investigation.
• Suo Moto Action - The Commission taking notice of an issue on its own initiative.

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