Establishment of the National Commission for Women in India

The National Commission for Women (NCW) was set up in India to address issues related to women's rights and their welfare. The idea for this Commission began in 1974, when a group called the Committee on Status of Women in India recommended its creation. This was aimed at monitoring the situation of women and helping to solve their problems while also encouraging their economic and social development.

Over the years, various committees and plans, including the National Perspective Plan for Women in 1988, continued to recommend the need for a dedicated body to advocate for women's rights. Responding to these recommendations, the Government of India established the National Commission for Women in 1992.

The NCW is not a constitutional body but is classified as an autonomous statutory body, meaning it was formed through legislation passed by the Parliament. Specifically, it was founded under the National Commission for Women Act, 1990. The Ministry of Women and Child Development is the main government department that works with the Commission.

The National Commission for Women has a broad role, focusing on various aspects of women's development and empowerment. Its key objectives include reviewing the constitutional and legal protections available for women, recommending necessary legislative changes to address any gaps, helping resolve grievances women may have regarding their rights, and providing advice to the government on policies that impact women.

Constitutional Articles and Laws

In terms of legal framework, there are several important constitutional articles and laws that support the work of the National Commission for Women. Articles such as Article 14 (equality before law), Article 15 (prohibition of discrimination on grounds of religion, race, caste, sex, or place of birth), and Article 16 (equality of opportunity in matters of public employment) form the basis for women's rights in India.

Moreover, various acts strengthen women's rights and protection, such as the Dowry Prohibition Act, 1961; the Maternity Benefit Act, 1961; and the Protection of Women from Domestic Violence Act, 2005. The NCW works to ensure these laws are upheld and that women are aware of their rights under them.

The Commission also plays a crucial role in assessing the effectiveness of existing laws and advocating for new legislation to better protect women. It acts as a voice for women in the political and social landscape of India, ensuring their issues and needs are addressed at all levels of government.

In summary, the National Commission for Women serves as a vital institution for advancing women's rights in India, with a wide-ranging mandate that addresses legal, social, and economic aspects of women's empowerment.

Composition of the Women’s Commission in India

The National Commission for Women (NCW) is an important organization in India that focuses on the rights and welfare of women. It is made up of several members, including a chairperson, five other members, and a member-secretary. This composition ensures diverse representation and expertise in addressing women's issues.

The chairperson of the Commission must be someone passionate about women's rights and welfare. The five other members are chosen based on their skills and experience in areas essential for promoting women's empowerment. These areas include law, labor rights, management, social work, economic development, health, education, and welfare services. Importantly, the Commission must include at least one member from Scheduled Castes and one from Scheduled Tribes to ensure representation of marginalized communities within the women's population.

The member-secretary plays a crucial role in the Commission's workings. This individual should either have expertise in management or sociology or hold a position in the civil services of India. The chairperson, members, and the member-secretary are chosen by the Central Government through the Ministry of Women and Child Development. They also determine their salaries, allowances, and working conditions.

Members of the Commission serve a term of three years. However, they have the freedom to resign at any time by sending their resignation to the Central Government. The Central Government also has the power to remove a chairperson or a member before their term ends, under specific conditions. These include situations where the individual:

Becomes an undischarged insolvent, meaning they are unable to pay their debts.
Is convicted of a crime that is serious enough to be seen as a moral failing, according to the Central Government's judgment.
Is declared mentally unfit by a qualified court.
Refuses to perform their duties or becomes incapable of doing so.
Misses three consecutive meetings of the Commission without a valid reason.
Misuses their official position in a way that is considered harmful to the public interest.

These provisions ensure that the members of the Commission uphold the integrity and effectiveness of their roles.

In terms of legal foundation, the National Commission for Women was established under the National Commission for Women Act, 1990 (Act No. 20 of 1990). Articles 239 to 242 of the Indian Constitution also provide the framework regarding the governance of citizens and the establishment of various commissions, though the NCW specifically focuses on the issues affecting women.

The NCW plays a significant role in advocating for women’s rights by taking various actions like investigating complaints, reviewing existing laws, suggesting reforms, and promoting awareness about women's issues. Its work is vital in empowering women and fostering a society that supports gender equality.

Understanding the structure and responsibilities of the National Commission for Women is essential as it highlights India's commitment to improving the status of women and addressing their challenges through structured governance and representation.

Functions of the National Commission for Women in India

The National Commission for Women (NCW) in India has a clear purpose and a set of fourteen important functions aimed at improving the status and rights of women in the country. Here’s a breakdown of these functions in simple words.

The primary role of the Commission is to investigate and examine issues related to women’s rights as set out in the Indian Constitution and various laws. Article 15 of the Constitution prohibits discrimination based on gender, ensuring that women have equal rights. The Commission also looks at how existing laws protect women and works to identify any gaps or problems in these laws, suggesting necessary changes to improve them.

One of its key responsibilities is to report to the Central Government about how well these laws are working to protect women's rights. This report is made annually, but the Commission can submit reports whenever necessary as well. The government is required to present these reports in Parliament and explain what actions they have taken based on the Commission's recommendations. If any recommendations are not accepted, the government must provide reasons for this.

The NCW also makes suggestions for better ways to implement these laws and improve conditions for women at both the Union and State level. This function includes looking into specific problems women face, such as violence or discrimination, and working with the authorities to address these issues. The Commission can even take notice of cases on its own, which is known as "suo moto" action, to investigate cases of rights violations against women.

Research is another crucial function of the Commission. The NCW conducts studies to understand various aspects of women's situations, particularly those that contribute to their inequalities, such as lack of access to housing, healthcare, and other basic services. By understanding these barriers, the Commission can recommend strategies to overcome them. They also strive for greater representation of women in all fields by suggesting educational projects and promoting supportive services.

The NCW is involved in planning socio-economic development initiatives specifically for women. It evaluates the progress of development programs for women, ensuring they are effective and addressing women’s needs.

Furthermore, the Commission has the power to inspect facilities such as jails or homes where women are housed. They assess the conditions in these places and engage with the officials to ensure better treatment and care for these women.

Legal support is part of the Commission's work as well. They can help fund litigation for cases that impact a larger group of women, ensuring that legal battles that could benefit many are not hindered by financial constraints.

Lastly, the Commission is open to examining any other matters related to women that the Central Government refers to them. This flexibility ensures that the NCW can adapt to new challenges as they arise.

In summary, the National Commission for Women plays a vital role in advocating for women's rights in India. Through its various functions, the Commission aims to ensure that women have access to their rights and protections under the law, contributing positively to their development and overall well-being. It is guided by several articles of the Indian Constitution, particularly Articles 15, 39, and 42, which emphasize the need for equality and justice for women.

Powers of the Commission

The Commission holds the authority to set up special committees whenever it needs to address specific issues. This power allows the Commission to be flexible and responsive to different situations. Additionally, the Commission can invite individuals who are not part of its members to join these committees as co-opted members. Although these co-opted members can participate in discussions and meetings, they do not have voting rights.

The Commission has the ability to manage its own processes, which includes setting rules and procedures for itself and its committees. When looking into complaints or investigating issues, the Commission has extensive powers similar to those of a civil court. This means they can do specific things, including:

Summoning individuals to attend meetings from any part of India and questioning them under oath.
Requiring the discovery and presentation of documents that are necessary for their inquiries.
Accepting evidence presented through affidavits, which are written statements confirmed by oath.
Requesting public records from any court or office.
Issuing summons to call witnesses and gather documents for examination.
Engaging in any other activities specified by the Central Government.

It is important for the Central Government to work together with the Commission on significant policy matters that impact women. This collaboration ensures that the voices of women are heard and considered in policy-making processes.

In terms of legal backing, the powers of the Commission can be identified in various articles of the Indian Constitution and other relevant laws. For instance, Article 46 of the Constitution emphasizes the promotion of educational and economic interests of Scheduled Castes, Scheduled Tribes, and other weaker sections, which aligns with the Commission's responsibilities toward women's rights. Furthermore, the National Commission for Women Act, 1990, establishes the Commission and outlines its powers, functions, and procedures in detail.

The Commission's role is crucial for ensuring that women's issues are addressed effectively, and its powers enable it to act in a manner similar to that of the judicial system. This supports the idea that gender equality is a priority in India, as the government recognizes the need for dedicated institutions to address and advocate for women's rights and issues.

The Commission works to process complaints related to crimes against women, which can be received either verbally or in writing. It also takes note of cases that it feels are important, even if no formal complaint has been made. The types of complaints it deals with fall under different categories of violence against women.

There are 23 major types of crimes recognized by the Commission, which include serious issues like rape and attempted rape, acid attacks, sexual assault, and sexual harassment. Other complaints include stalking, voyeurism, and trafficking of women. There are also concerns about outraging women’s modesty, police inaction, harassment of married women (often related to dowry demands), and even dowry deaths. The list extends to issues like bigamy, domestic violence, and women’s rights related to custody and divorce.

The Commission recognizes the importance of women's rights in marriage, including the right to make choices without fear of honor crimes. It also serves as a protective body against sexual harassment in workplaces, addresses the denial of maternity benefits, and fights against various forms of gender discrimination. Additionally, it tackles issues related to the indecent representation of women, female foeticide, and harmful traditional practices like Sati and witch hunting. The Commission also ensures that free legal aid is available to women in need.

To handle the complaints effectively, the Commission takes various steps. For incidents of police inaction, specific cases are forwarded to police authorities for further investigation, and the Commission keeps track of these cases. In family disputes, the Commission often facilitates mediation to help resolve issues amicably.

The data collected from these complaints is organized and shared with different state authorities to help take necessary actions. In cases of sexual harassment, the Commission prompts organizations to resolve issues quickly, and it monitors the progress of these cases closely.

When dealing with serious crimes, the Commission has the authority to form an Inquiry Committee. This committee works to provide immediate relief and justice to victims who have faced violence and oppression. Through these mechanisms, the Commission strives to protect women's rights and ensure safety in their lives.

The Indian Constitution empowers the Commission under several articles. For instance, Article 14 guarantees equality before the law, Article 15 prohibits discrimination on grounds of sex, and Article 21 provides the right to life and personal liberty. The Protection of Women from Domestic Violence Act, 2005, and the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, are also significant laws that support the Commission’s initiatives in combating violence against women and ensuring their rights and dignity are upheld.

By adhering to these constitutional provisions and laws, the Commission plays a vital role in safeguarding the rights of women and creating a society where they can live free from violence and discrimination.

Parivarik Mahila Lok Adalat: An Overview

The Parivarik Mahila Lok Adalat (PMLA) is a unique initiative designed to help women settle issues related to marriage and family matters in a faster and more cost-effective way. This initiative is part of the efforts made by the District Legal Service Authority, which aims to reduce the backlog of family-related cases that are often pending in various courts.

The PMLA operates on principles similar to those of Lok Adalat, a system that provides an alternative way to resolve disputes outside traditional courtroom settings. This alternative process is intended to be less formal and more accessible for everyone involved. The Commission behind the PMLA also provides financial support to non-governmental organizations (NGOs), the State Women Commissions, or State Legal Service Authorities to facilitate these adalats.

The main goals of the Parivarik Mahila Lok Adalat are as follows:

Quick and Free Justice: One of the primary objectives is to ensure that women receive speedy justice without bearing any costs. This is particularly beneficial for women who may not have the financial means to engage in lengthy court battles.
Raising Awareness: The PMLA aims to educate the public about the advantages of resolving disputes through mediation rather than litigation. This awareness is crucial, as it encourages people to consider conciliatory methods of settling conflicts, potentially leading to better relationships post-dispute.
Promoting Dispute Resolution: The initiative strives to streamline the organization of Lok Adalats and actively encourages the community to take part in resolving their issues informally. This can help decongest the formal court system, allowing for more efficient judicial processes.
Empowering Women: A significant focus of the PMLA is the empowerment of women within the legal system. By encouraging women to take an active role in resolving their disputes, the initiative seeks to promote confidence and assertiveness in navigating the justice delivery process.

Legal Framework

The Parivarik Mahila Lok Adalat aligns with various articles and laws in the Indian Constitution and legal system that advocate for the right to justice.

Article 14 of the Indian Constitution assures equality before the law and the right to equal protection of the laws. This basis underscores the importance of platforms like the PMLA that facilitate equal access to justice, especially for women who may often face social and cultural barriers.

Moreover, Article 39(a) directs the State to secure that the citizens, men and women alike, have the right to an adequate means of livelihood. This aspect is also relevant in cases of marital disputes, where financial disparities can influence the outcome.

The Legal Services Authorities Act, 1987, further supports initiatives like the Parivarik Mahila Lok Adalat by providing for the establishment of legal service authorities to provide free and competent legal services to the weaker sections of society. This act complements the objectives of the PMLA by ensuring that legal aid is accessible to those who need it the most.

The PMLA thus plays a vital role not only in addressing individual disputes but also in fostering a more informed and empowered citizenry that is aware of their rights and avenues for conflict resolution. Through initiatives like this, India aims to ensure justice that is not only formal but also prompt and accessible.