Q. 4. The National Commission for Women (NCW) works to protect women’s rights, but its impact remains limited. What challenges does it face in performing its role effectively? Would giving it constitutional status make it more powerful and credible? (250 words, 15 marks)
Introduction
The National Commission for Women (NCW), a statutory body formed under the 1990 Act, serves as India’s primary watchdog for women’s rights. Despite growing gender issues, its impact has remained marginal due to structural and institutional limitations.
Body
Mandate and Powers of NCW
Safeguarding Legal Rights: Examines constitutional and legal safeguards for women.
Complaint Redressal: Inquires into complaints and takes suo motu notice of violations.
Law and Policy Review: Recommends changes to discriminatory or ineffective laws.
Awareness and Research: Promotes legal awareness and conducts studies.
Advisory Role to Government: Offers policy advice on women’s welfare and development.
Achievements and Interventions
Suo Motu Cognizance: Took independent notice of high-profile crimes (e.g., Hathras, Unnao), and more recently, incidents in Manipur, highlighting the need for proactive intervention.
Legal Strengthening: Played a significant role in strengthening the Domestic Violence Act, 2005 and Dowry Prohibition Act, 1961, making them more stringent and effective.
Workplace Safety: Monitored the enforcement of the Sexual Harassment at Workplace Act, 2013, aiding in workplace redressal mechanisms.
Support Services: Provided legal and psychological counselling to victims of violence and harassment, helping survivors seek justice.
Gender Profiling: Prepared Gender Profiles for all states and Union Territories (except Lakshadweep) to assess the socio-economic status of women.
Awareness Campaigns: Conducted workshops and campaigns on child marriage, female foeticide, and violence against women.
Challenges Faced by NCW
Statutory Limitations: Lacks binding powers—recommendations are often ignored or diluted in execution.
Political Interference: Alleged partisanship reduces public trust and institutional independence, as seen in its delayed and tepid response to the Manipur sexual violence case.
Limited Resources: Inadequate budget and human capital undermine outreach, particularly in violence-prone or remote areas.
No Penal Powers: Cannot penalize violators or enforce compliance; relies on other agencies to act on findings.
Insensitive Handling of Cases: The 2009 Mangalore pub attack, where an NCW member blamed the victims, sparked national outrage and raised questions about gender sensitivity within the commission.
Significance of Constitutional Status
Enhanced Legitimacy: Like Election Commission or CAG, constitutional status may raise credibility and authority, enabling the NCW to be taken more seriously.
Financial Independence: Drawing funds from the Consolidated Fund of India could reduce dependence on executive goodwill and ensure autonomy.
Binding Mandate: Constitutional status may permit enforcement powers, allowing it to act beyond mere recommendations.
Stronger Oversight Role: Could independently monitor gender policies across states and audit the implementation of central schemes with rigour.
Cautions and Limitations
Power ≠ Performance: Mere status change won’t guarantee effective functioning unless backed by training, empathy, and systemic reforms.
Federal Balance: Women’s issues often intersect with state subjects; over-centralization may hinder state commissions’ roles.
Potential Politicization: Without a transparent appointment process, even a constitutional body risks bias and inaction.
Suggested Reforms
Amend NCW Act: Expand powers to allow binding recommendations in select categories like workplace harassment or custodial violence.
Institutional Autonomy: Ensure a transparent and multi-stakeholder appointment process, including civil society and judiciary inputs.
Strengthen State Commissions: Provide uniform mandates and resources to state women’s commissions for better coordination.
Annual Reporting to Parliament: Mandate gender audit reports with action taken notes for greater accountability.
Multi-agency Coordination: Formalize ties with police, judiciary, NGOs, and other commissions to avoid overlap and improve efficacy.
Judicial Observation
In Vishaka v. State of Rajasthan (1997), the Supreme Court underscored the role of statutory bodies like NCW in shaping policy to prevent gender-based violence and discrimination.
Conclusion
Articles 39(a) and 42 of the Directive Principles envision gender justice. Strengthening the NCW—through constitutional status and reforms—can help realize this vision and empower women institutionally and meaningfully.
