National Commission for Women was established under the National Commission for Women Act, 1990,  on January 31, 1992. It was established with the aim of ensuring a fair and equal standard of living for women in India via judicial and constitutional changes. To review the Constitutional and legal safeguards for women, recommend remedial legislative measures, facilitate grievance redress, and advise the government on all policy matters affecting women. The present and the 9th National Commission for Women was constituted in 2018 and is headed by Rekha Sharma. 

There have been questions on the topic of the National Commission for Women in the UPSC exams earlier. This article is useful for Prelims 2023 preparation and UPSC Mains 2023 as well.

National Commission for Women - Historical Background

• The Committee on the Status of Women in India advocated the establishment of a National Commission for Women about two decades ago.
• Objective: To fulfil surveillance functions in order to promote grievance resolution and expedite women's socioeconomic growth.
• In 1990, the central government held consultations with NGOs, social workers, and academics about the proposed Commission's organization, functions, and powers.

Timeline

• In May 1990, the Bill was introduced in the Lok Sabha.
• The HRD Ministry held a National Level Conference in July 1990 to get feedback on the Bill. The government adopted many revisions and new rules in August 1990 to give the commission the competence of a civil court.
• On August 30, 1990, the bill was passed and signed by the President.
• The First Commission was constituted on 31st January 1992 Mrs. Jayanti Patnaik as the Chairperson.

National Commission for Women: Statutory Provisions

• National Commission for Women is a statutory body constituted under the National Commission for Women Act, 1990 on 31st January 1992.
• The Commission provides financial assistance to non-governmental organizations (NGOs) and educational institutions that conduct legal awareness programs to help women become more aware of their rights.
• In order to carry out its duties, the Commission has been given the authority to constitute special committees. Furthermore, the Commission shall have the authority to nominate outsiders as members of any such group.
• Consult with NCW: According to the National Commission for Women Act of 1990, the Central Government must consult the Commission on all policy decisions affecting women.
• Related to Procedure regulated by the Commission:
  • The commission or a committee of the commission will convene as needed and at the time and location determined by the Chairperson.
  • The Commission's and the Committee's procedures will be regulated by the Commission.

Constitutional Provision of National Commission for Women

• Fundamental rights: There are no provisions in the Indian Constitution that specifically mention the National Commission for Women, although there are several safeguards for women's safety that are mentioned in Article 15 (3), Article 14, and other places.
• Fundamental Duties: It makes sure that Article 51(A) prohibits actions that are offensive to women's dignity.

National Commission for Women - Composition

• Chairperson: The Central Government will designate a Chairperson who is committed to the cause of women.
• Members: The Central Government nominated five members from among people of ability, integrity, and standing who have worked in law, legislation, trade unionism, management of a female-oriented industry, women's voluntary organisations (including women activists), administration, economic development, health, education, or social welfare;
• At least one Member from each of the Scheduled Castes and Scheduled Tribes shall be nominated by the Central Government; 
• Member-Secretary: A Member-Secretary shall be nominated by the Central Government and shall be from the Scheduled Castes and Scheduled Tribes respectively:
  • An expert in management, organisational structure, or sociological movement, or 
  • A member of the Union's civil service or an all-India service, or an officer holding a civil post under the Union with appropriate experience. 

Tenure of National Commission for Women

The Chairperson and every Member shall hold office for such a period, not exceeding three years, as may be specified by the Central Government on this behalf.

Removal of National Commission for Women

• If a person becomes an undischarged insolvent, the Central Government may remove him or her from the position of Chairperson or member. Or,
• Gets convicted and sentenced to prison for an offence that the central government considers to be morally reprehensible.
• Becomes mentally ill and is declared as such by a full-court.
• Refuses to act or loses the ability to act.
• Is absent from three consecutive commission meetings without receiving leave of absence from the panel.
• The central government believes that the Chairperson or members have abused their positions to the point where their continued service is detrimental to the public interest.
• No individual shall be removed under this provision unless and until he or she has been given a reasonable opportunity to be heard in the issue.

Powers of the National Commission for Women

The Commission must have all of the powers of a civil court trying a case when examining any topic, including, in particular, the following:

• summoning and enforcing the attendance of any person from any part of India and examining him on oath,
• requires any document to be discovered and produced,
• obtaining evidence through affidavits
• obtaining a copy of any public record from any court or office,
• issuing commissions for witness and document examinations, and
• any other matter which may be prescribed.

Functions of the National Commission for Women

• Inquire into and evaluate all issues connected to the Constitution's and other laws' protections for women.
• Annual Report: Report on the operation of those safeguards to the Central Government on an annual basis and at other times as the Commission sees suitable.
  • Make suggestions in such reports for the Union's or any state's effective implementation of those protections for enhancing women's conditions.
  • Submit periodic reports to the government on any issue concerning women, including the different difficulties that women face.
• Review: Review existing provisions of the Constitution and other laws affecting women on a regular basis and recommend revisions, as well as proposing remedial legislative actions to address any gaps, deficiencies, or flaws in such laws.
• Bring cases of violations of the Constitution and other laws affecting women to the attention of the appropriate authorities.
• Look into complaints and take suo moto notice of matters relating to:
  • Deprivation of women's rights.
  • Non-implementation of legislation designed to protect women as well as fulfil the goals of equality and development.
  • Non-compliance with policy choices, guidelines, or instructions aimed at alleviating hardships, safeguarding women's welfare, and giving assistance, and bringing such issues to the attention of competent authorities.
• Participate in and provide suggestions on the planning process for women's socio-economic development.
• Evaluate the Union's and any State's progress in the development of women.
• The commission addressing the issue of child marriage, supported legal education initiatives, Parivarik Mahila Lok Adalats, and reviewing laws including 
  • the Indian Penal Code of 1860, 
  • the Dowry Prohibition Act of 1961,
  • the Pre-Conception and Pre-Natal Diagnostic Techniques Act of 1994.

Reports to be laid before the Houses

• The Central Government shall cause all the reports to be laid before each House of Parliament along with a memorandum explaining the action taken or proposed to be taken on the recommendations relating to the Union and the reasons for the non-acceptance, if any, of any such recommendations.
• When a report or portion of a report relates to an issue that is of concern to a State Government, the Commission shall submit a copy of the report or part to that State Government, which shall cause it to be brought before the State Legislature.

Issue related to National Commission for Women

• The Commission receives very little financial assistance to meet its needs.
• The National Commission for Women's members are appointed by the government; thus, the commission has no authority to choose its members.
• There is no legislative authority conferred on the National Commission for Women. 
• It's only authority is to make suggestions for changes and provide reports.
• The NCW reported in 2021 that there had been a 46% increase in reports of crimes against women in the first eight months of that year compared to the same time the year before.
• Domestic abuse, dowry harassment, sexual harassment at work, attempted rape, and cybercrimes are just a few of the crimes that affect women.

Recent Context - Expansion of NCW

• The Atma Nirbhar Bharat (self-reliant India) campaign has demonstrated the relationship between women's potential and national growth.
  • This shift is evident since women make up approximately 70% of Pradhan Mantri MUDRA Yojana recipients.
  • In the past six to seven years, the number of women's self-help groups has tripled across the nation.
  • In a similar vein, 45% of the more than 60 000 businesses that have appeared since 2016 have at least one woman director.
• The National Commission for Women (NCW) has established a state-wide training and capacity-building initiative for women who work in the dairy industry.
• NCW is collaborating with agricultural institutions in India to create the training programme, which will identify and train women working in the dairy farming and adjacent industries in areas such as value addition, quality enhancement, and dairy product packaging and marketing.
• The first session under this project was held for women self-help groups at Lala Lajpat Rai University of Veterinary & Animal Sciences in Hisar on “Value Added Dairy Products.” The Haryana State Rural Livelihood Mission helped to organise the event.
• Moving from the 'Raksha Kavach' strategy to the 'Samagra Sashaktikaran' approach: 6 years from women's development to women-led development.
• Encouraging Women Entrepreneurship: Women entrepreneurs are vital to any country's economic success, which can only be fulfilled through fostering equality and expanding opportunities for women in all aspects of life.

List of the National Commission for Women

Conclusion

There is a need to raise awareness and educate ignorant women, particularly in rural regions, about the existence of such a commission to address their rights. The Commission should be able to select its own members. In India, the National Commission for Women is effective since there is still room for improvement.

FAQs

MCQs

1. When was the National Commission for Women (NCW) established?

A) 1990
B) 1992
C) 1995
D) 2000

2. Who appoints the chairperson and members of the NCW?

A) Prime Minister
B) President of India
C) Central Government
D) Supreme Court

3. What is a primary function of the NCW?

A) Enforcing laws
B) Investigating complaints of women's rights violations
C) Conducting elections
D) Regulating NGOs

4. Which of the following initiatives is associated with the NCW?

A) Women's Empowerment Programs
B) Environmental Conservation
C) Agricultural Development
D) Youth Employment Schemes

5. How does the NCW contribute to policy-making?

A) By conducting surveys
B) By advising the government on women's issues
C) By regulating financial institutions
D) By overseeing elections

GS Mains Questions and Model Answers

Q1: Analyze the role of the National Commission for Women in promoting gender equality in India.

Answer: The National Commission for Women plays a pivotal role in advocating for gender equality by addressing systemic issues that hinder women's rights. It investigates complaints of discrimination and violence, facilitates legal reform, and promotes awareness of women's issues through campaigns and outreach programs. By collaborating with government bodies, NGOs, and civil society, the NCW enhances women's participation in socio-economic development and empowers them to assert their rights. Moreover, it provides a platform for women to voice their concerns and contributes to shaping policies that aim for an inclusive society.

Q2: Discuss the challenges faced by the National Commission for Women in fulfilling its mandate.

Answer: The NCW faces several challenges in fulfilling its mandate, including limited resources and manpower, which restrict its outreach and effectiveness. Additionally, societal attitudes towards women's issues often lead to resistance against the NCW's initiatives. Legal hurdles and inadequate implementation of existing laws further complicate the situation. Furthermore, the NCW’s recommendations may not always translate into actionable policies due to bureaucratic inertia. To overcome these challenges, enhancing collaboration with state commissions and increasing public awareness about women's rights is essential.

Q3: Evaluate the impact of the National Commission for Women on legislative reforms concerning women's rights in India.

Answer: The NCW has significantly impacted legislative reforms concerning women's rights in India by actively advocating for laws that address issues such as domestic violence, sexual harassment, and gender discrimination. Its recommendations have contributed to the formulation and amendment of various laws, including the Protection of Women from Domestic Violence Act and the Sexual Harassment of Women at Workplace Act. By conducting research and consultations, the NCW has highlighted gaps in existing laws and proposed necessary reforms. However, the actual implementation of these laws remains a challenge, necessitating ongoing vigilance and advocacy from the NCW and allied organizations.

Previous Year Questions on the National Commission for Women

1. UPSC CSE Prelims 2021:

Question: What is the primary function of the National Commission for Women?

A) Enforcing women’s rights
B) Investigating complaints
C) Conducting elections
D) Regulating NGOs

Answer: (B)

Explanation: The primary function of the NCW is to investigate complaints regarding violations of women's rights.

2. UPSC CSE Mains 2020 (GS Paper 1):

Question: "Discuss the significance of the National Commission for Women in addressing gender issues in India." Discuss its contributions and challenges.

Answer: The NCW plays a significant role in addressing gender issues by investigating complaints, advocating for legal reforms, and promoting awareness. Its contributions include the formulation of laws protecting women's rights and facilitating dialogues on gender equality. However, challenges such as limited resources and societal resistance persist, impacting its effectiveness.