History and organisational set-up of National Commission for Women
National Commission for Women was constituted in India under the provisions of the National Commission of Women Act, 1990. The NCW, as the Commission is generally referred to in abbreviation, was constituted with an aim of reviewing safeguards available to women under the Constitution of India and various laws, recommending new laws to provide safeguards to women, and working as a facilitator for redressal of their grievances.
The National Commission for Women Act, 1990 mandates that a body to be known as the National Commission for Women (NCW) shall be constituted by the Central government.
The Act provides that the NCW shall consist of a Chairperson and five members who are nominated by the Central government.
The criterion for the nomination of the Chairperson of the NCW is that the person must be committed to the cause of women. Five members of the Commission are also nominated by the Central government.
The government nominates persons of ability and integrity who have the experience in law or legislation, trade unionism, management of an industry potential of women, women’s voluntary organisations (including women activists), administration, economic development, health, education or social welfare are also eligible for the nomination as members of the NCW.
Out of the five members, at least one member each shall be from the Scheduled Castes and the Scheduled Tribes respectively, according to the provisions of the Act.
The government also nominate a member secretary of the Commission. The person to be nominated as a member secretary of the NCW has to be an expert in the field of management, organisational 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.
Roles & Responsibilities of National Commission for Women
The mission of the NCW is to work toward facilitating women to achieve equality and equal participation in all spheres of life by securing their rights and entitlements through government policies made to make this possible, enactment and effective implementation of laws, implementation of schemes/policies, and devising strategies for the solution of specific problems/situations arising out of discrimination and atrocities against women.
The NCW acts both reactively as well as proactively in its endeavour to safeguard the interests of women. The Commission acts reactively when it takes action upon a complaint. It acts proactively when the Commission takes suo-moto action.
The procedure provides that a complaint filed before the National Commission of Women shall disclose a complete picture of the matter leading to the complaint. The Commission may seek further information or an affidavit as may be considered necessary in the matter.
There are certain categories of complaints that are not entertained by the NCW. The complaints falling under the below-mentioned categories are not entertained by the Commission.
Complaints which are vague in nature or their contents are not properly readable.
- The complaints without the name of the complainant or given under a pseudonym.
- The complaints where the matter in question is a civil dispute between two parties.
- When the matter pertains to service matters not involving any violation of women’s rights;
- When the matter is sub judice before a Court/Tribunal;
- The National Commission for Women shall not inquire into any matter which is pending before a State Commission or any other Commission duly constituted under any law for the time being in force
- When the Matter has already been decided by the Commission
- When the Matter is outside the purview of the Commission on any other ground;
The procedure provided under the National Commission for Women provides that all complaints shall be initially dealt with by a Member of the Commission, subject to any special orders by the Chairperson.
The Chairperson may place the case/complaint requiring a detailed inquiry before two or more members or a committee appointed for this purpose or set up an Investigating Committee for the said purpose.
After the detailed inquiry the Commission proceeds to pronounce its order listing detailed facts of the case, the procedure adopted, and the findings.
Written By:-
Prof. Sushil Manav
Dean, Faculty of Mass Communication and Media Technology,
SGT University, Gurugram