UPSC MainsPOLITICAL-SCIENCE-INTERANATIONAL-RELATIONS-PAPER-I202415 Marks
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Q21.

Explain the structure and functions of the National Commission for Women.

How to Approach

This question requires a detailed understanding of the National Commission for Women (NCW). The answer should begin with a brief introduction outlining the context for its establishment. The body should then systematically explain the NCW’s composition, powers, functions (both statutory and advisory), and recent initiatives. It’s crucial to mention relevant constitutional provisions and landmark cases where the NCW played a role. The conclusion should offer a critical assessment of the NCW’s effectiveness and suggest potential improvements.

Model Answer

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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 under the National Commission for Women Act, 1990, it emerged from the growing need to address the socio-economic challenges faced by women in a rapidly changing India. The NCW was conceived as a watchdog, advisor, and facilitator, aiming to promote constitutional and legal safeguards for women and work for their overall empowerment. Its establishment was a significant step towards recognizing the systemic discrimination faced by women and providing a dedicated platform for their concerns.

Structure of the National Commission for Women

The NCW is a statutory body, meaning it is established by an Act of Parliament. Its composition is as follows:

  • Chairperson: Appointed by the central government, typically a woman of eminence with a proven track record in the field of women’s welfare.
  • Members: Five members are appointed by the central government. At least one member must be from a Scheduled Caste or Scheduled Tribe.
  • Secretary: An officer of the Central Government, appointed by the Central Government.

The headquarters of the NCW is located in New Delhi. The Commission operates through various divisions focusing on legal affairs, economic development, health, education, and violence against women.

Functions of the National Commission for Women

Statutory Functions (as per the NCW Act, 1990)

  • Investigating and Examining: The NCW has the power to investigate and examine all matters relating to the constitutional and legal safeguards for women.
  • Reviewing Legislation: It reviews existing laws and proposes amendments to ensure they are in line with the principles of gender equality.
  • Complaints Redressal: The NCW receives and investigates complaints of discrimination, harassment, and violence against women. It can take suo moto cognizance of such matters.
  • Conducting Studies and Research: The Commission undertakes research and studies on issues affecting women and disseminates information to promote awareness.
  • Inspection of Jails: It can inspect jails and other custodial institutions where women are held to assess their living conditions.

Advisory Functions

  • Advising the Government: The NCW advises the Central and State Governments on policy matters affecting women.
  • Promoting Awareness: It promotes awareness about women’s rights and encourages public participation in addressing gender-based issues.
  • Facilitating Coordination: The Commission facilitates coordination between government departments, NGOs, and other stakeholders working for women’s empowerment.

Powers of the National Commission for Women

The NCW possesses certain quasi-judicial powers:

  • Summoning Witnesses: It can summon witnesses and require them to give evidence under oath.
  • Producing Documents: The Commission can require the production of documents and other relevant materials.
  • Receiving Evidence: It can receive evidence in the form of affidavits and other written statements.

However, it's important to note that the NCW’s recommendations are not binding on the government. Its effectiveness relies heavily on the government’s willingness to implement its suggestions.

Recent Initiatives and Challenges

In recent years, the NCW has focused on issues such as:

  • Cybercrime against Women: Addressing the increasing incidence of online harassment and abuse.
  • Domestic Violence: Strengthening legal frameworks and providing support to victims.
  • Workplace Sexual Harassment: Ensuring effective implementation of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.
  • Triple Talaq: Advocating for the criminalization of instant triple talaq (Sharia law allowing a Muslim man to divorce his wife by pronouncing "talaq" three times).

Despite its efforts, the NCW faces several challenges, including:

  • Limited Powers: The non-binding nature of its recommendations.
  • Staffing Shortages: Insufficient staff to handle the increasing workload.
  • Lack of Coordination: Difficulties in coordinating with various government departments and agencies.
  • Political Interference: Concerns about political interference in its functioning.

Conclusion

The National Commission for Women has played a crucial role in advocating for women’s rights and promoting gender equality in India. While it has achieved significant milestones, its effectiveness is hampered by limitations in its powers and resources. Strengthening the NCW through legislative reforms, increased funding, and greater autonomy is essential to ensure it can effectively fulfill its mandate and contribute to a more just and equitable society for women. Continuous evaluation and adaptation to emerging challenges are also vital for its sustained relevance.

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

Suo Moto
Latin for "on its own motion." In the context of the NCW, it refers to the Commission's power to take cognizance of a matter without receiving a formal complaint.
Gender Equality
The state of equal ease of access to resources and opportunities regardless of gender, including economic participation and decision-making.

Key Statistics

According to the National Crime Records Bureau (NCRB) data, in 2021, a total of 64,608 cases of crimes against women were registered in India, representing a 15.2% increase from 2020.

Source: NCRB, Crime in India Report 2021

As of 2021, the female labor force participation rate in India was approximately 20.5%, significantly lower than the global average of around 47%.

Source: World Bank Data (Knowledge Cutoff: 2023)

Examples

Indira Jaising v. Union of India (2014)

This case involved a petition challenging the constitutional validity of Section 497 of the Indian Penal Code (adultery). The NCW intervened in the case, advocating for the decriminalization of adultery, arguing that it discriminated against women and perpetuated patriarchal norms.

Frequently Asked Questions

Is the NCW a court of law?

No, the NCW is not a court of law. It is a statutory body with quasi-judicial powers, meaning it can investigate complaints and summon witnesses, but it cannot deliver legally binding judgments.

Topics Covered

Indian PolitySocial IssuesWomenCommissionGovernance