UPSC MainsPOLITICAL-SCIENCE-INTERANATIONAL-RELATIONS-PAPER-I201212 Marks150 Words
हिंदी में पढ़ें
Q17.

Role of National Commission for Women in India

How to Approach

This question requires a comprehensive understanding of the National Commission for Women (NCW) – its constitutional basis, functions, powers, limitations, and recent performance. The answer should be structured chronologically, starting with the establishment of NCW, detailing its key functions, highlighting its achievements and challenges, and concluding with suggestions for improvement. Focus on recent initiatives and landmark cases handled by the NCW. A balanced approach acknowledging both successes and shortcomings is crucial.

Model Answer

0 min read

Introduction

The National Commission for Women (NCW) is the apex body in India dedicated to safeguarding the rights and interests of women. Established in January 1992 through the National Commission for Women Act, 1990, it was formed in response to the growing need for a dedicated body to address the multifaceted issues faced by women in India. The NCW operates as a statutory body, with a mandate to review existing legislation, recommend amendments, and investigate complaints of gender discrimination. Its establishment marked a significant step towards empowering women and ensuring their equal participation in all spheres of life.

Establishment and Constitutional Basis

The NCW was established under the National Commission for Women Act, 1990. It is not a constitutional body but a statutory body. The Act empowers the NCW to perform all or any of the functions in relation to the protection, promotion and safeguarding of the rights and interests of women. The commission consists of a Chairperson, Member Secretary and five Members, all of whom are nominated by the Central Government.

Functions of the NCW

  • Investigating and Examining: NCW examines all forms of discrimination against women, including issues related to domestic violence, dowry, rape, and sexual harassment.
  • Reviewing Legislation: The Commission reviews existing laws and recommends amendments to ensure they are gender-just and equitable. For example, the NCW played a crucial role in advocating for amendments to the Criminal Law (Amendment) Act, 2013, commonly known as the Nirbhaya Act.
  • Safeguarding Rights: NCW works to safeguard the constitutional and legal rights of women, providing legal assistance and support to victims of gender-based violence.
  • Promoting Awareness: The Commission undertakes promotional and educational activities to raise awareness about women's rights and empower them.
  • Research and Documentation: NCW conducts research on issues affecting women and maintains a database of relevant information.
  • Complaint Redressal: It receives and investigates complaints of gender discrimination and takes necessary action.

Powers of the NCW

The NCW possesses quasi-judicial powers. It can:

  • Summon witnesses and documents.
  • Receive evidence.
  • Inspect any establishment or place.

However, it does not have the power to enforce its recommendations. Its recommendations are advisory in nature, and the government is not legally bound to implement them.

Achievements and Recent Initiatives

  • Intervention in High-Profile Cases: The NCW has intervened in several high-profile cases of sexual harassment and violence, providing support to victims and advocating for justice.
  • Digital Shakti Campaign (2021): Launched to create digital literacy among women and enhance their online safety.
  • Online Complaint Portal: The NCW has an online portal for registering complaints, making it easier for women to access its services.
  • Focus on Trafficking: Increased focus on combating human trafficking, particularly of women and girls.
  • Collaboration with State Commissions: Strengthening collaboration with State Commissions for Women to address issues at the state level.

Challenges and Limitations

  • Lack of Enforcement Powers: The NCW's recommendations are not legally binding, limiting its effectiveness.
  • Limited Resources: Insufficient funding and manpower hinder its ability to effectively address the vast range of issues it deals with.
  • Dependence on Government: As a statutory body, the NCW is dependent on the government for funding and support, which can sometimes compromise its independence.
  • Coordination Issues: Challenges in coordinating with various government departments and agencies.
  • Awareness Gap: Lack of awareness among women about the NCW's existence and services.

Recent Developments (as of knowledge cutoff - early 2023)

The NCW has been actively involved in addressing issues related to online abuse and cybercrime against women. It has also been advocating for stricter laws to combat domestic violence and sexual harassment in the workplace. The Commission has also been focusing on issues related to women's health and reproductive rights.

Conclusion

The National Commission for Women has played a vital role in promoting and protecting the rights of women in India. While it has achieved significant milestones, it faces challenges related to enforcement powers, resource constraints, and coordination. Strengthening the NCW's powers, increasing its funding, and enhancing its independence are crucial steps towards ensuring its effectiveness. A collaborative approach involving the government, civil society organizations, and the NCW itself is essential to create a more just and equitable society for women in India.

Answer Length

This is a comprehensive model answer for learning purposes and may exceed the word limit. In the exam, always adhere to the prescribed word count.

Additional Resources

Key Definitions

Gender Discrimination
Any distinction, exclusion or restriction made on the basis of sex which has the effect or purpose of impairing or nullifying the recognition, enjoyment or exercise by women, irrespective of their marital status, on a basis of equality with men, of human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field.
Statutory Body
A statutory body is established by an Act of Parliament or State Legislature. It operates within the framework of that Act and has specific powers and functions defined by it.

Key Statistics

According to the National Crime Records Bureau (NCRB) data, 85,484 cases of crimes against women were registered in India in 2019.

Source: NCRB, 2019

As per the Ministry of Women and Child Development, the NCW received over 30,000 complaints in 2022.

Source: Ministry of Women and Child Development, Annual Report 2022-23

Examples

Nirbhaya Case

The NCW actively intervened in the 2012 Delhi gang rape case (Nirbhaya case), advocating for stricter laws and faster justice for the victim. This led to the Criminal Law (Amendment) Act, 2013.

Frequently Asked Questions

What is the difference between NCW and State Commissions for Women?

The NCW is a national-level body with a broader mandate, while State Commissions for Women operate at the state level and focus on issues specific to their respective states. The NCW provides guidance and support to State Commissions.

Topics Covered

Indian PolitySocial IssuesWomen EmpowermentGender JusticeConstitutional Bodies