National Commission for Women: Does It Really Help?
It is said that the best way to know about society, civilization and a
culture, is to try to know as much as possible about their women. In India,
women have come a long way from the rare women scholars and sages of the Vedic
age to the women in different sectors of society and civilization today, such as
the armed forces, arts, information technology, politics and a number of similar
sectors which have traditionally been male dominated, while simultaneously
balancing the roles of wife, mother and daughter.
While Indian women have fought against the patriarchal Indian society and triumphed at many levels, cases of rape, dowry deaths, female infanticide, sexual harassment at workplaces, female illiteracy, and similar problems are still rampant in Indian society. It was in this backdrop that the Committee on the Status of Women in India (CSWI) established the National Commission for Women to fulfill the surveillance functions and to facilitate redressal of grievances and to accelerate the socio-economic development of women.
The principle of gender equality is enshrined in the Indian Constitution. The Preamble, promotes Equality of status and of opportunity; the Fundamental Rights enshrined in Part III of the Indian Constitution and Directive Principles enshrined in Part IV of the Constitution all promote gender equality. The Constitution not only grants equality to women but has also made special provisions for ensuring equality
The National Commission for Women (NCW) is an apex body of the Indian government responsible for promoting and protecting the rights of women in the country. Established in 1992 under the National Commission for Women Act, the NCW serves as a vital mechanism to empower women and ensure their safety and equality in various spheres of life.
The NCW comprises a chairperson, five members, and a member-secretary, all of whom are appointed by the central government. The commission is mandated to investigate and examine all matters related to the safeguards provided for women under the constitution and other laws. It also works towards promoting and protecting the rights of women, including their right to life, dignity, and equality.
The NCW is an important mechanism for protecting the rights of women in India, which has a long history of gender-based discrimination and violence. Women in India face a range of challenges, including limited access to education, employment opportunities, and healthcare, as well as high rates of domestic violence, sexual assault, and harassment.
The NCW plays a critical role in addressing these challenges by advocating for the rights of women and promoting gender equality. The commission has achieved several significant milestones in its mission to safeguard and promote women's rights in India. For example, the NCW has played a pivotal role in the passage of several laws aimed at protecting women's rights, such as the Protection of Women from Domestic Violence Act, 2005, and the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.
The commission has also been actively involved in addressing a range of issues affecting women in India, including the eradication of female foeticide, the prevention of child marriage, and the promotion of women's empowerment. Additionally, the NCW has established several initiatives to support and empower women, such as the Mahila E-Haat, a digital marketplace for women entrepreneurs, and the Ujjawala scheme, which provides rehabilitation and support to victims of trafficking and commercial sexual exploitation.
Composition Of The Commission
The National Commission for Women Act, 1990 (Act No. 20 of 1990 of Government of India) constituted the National Commission for Women as a statutory body. The first commission was constituted on 31st January 1992 with Mrs. Jayanti Patnaik as the Chairperson.
The Act of 1990 under Section 3 provides for the constitution of the commission. This section lays down that the commission will consist of one Chairperson, who is committed to the cause of women, five members from various fields and a member secretary who shall be an expert in the fields of management, organizational structure, sociological movement or a member of the civil service of the Union. All the members of the commission are nominated by the Central Government.
Each person holds office for a period of five years or till he attains the age of seventy. At least one member each of the Commission must belong to a Scheduled Caste or Scheduled Tribe. In addition to the abovementioned members of the Commission, the Commission has the power to set up committees with members from outside the Commission.
The Commission must consist of a minimum number of members which includes a chairperson, a member secretary, and the other five members.
The mandate (functions) of the National Commission for Women, 1990 is defined in Section 10 of the National Commission for Women Act which is as follows:
Achievements of the National Commission for Women:
The complaints and counseling cell of the Commission is perhaps the most successful organ of the organization, in illustration:
Ms. Rupali Jain was reinstated as a teacher, due to the actions of the Commission, after her services were terminated at a school run by a non – governmental organization, without any substantial reasons. In another matter, Smt. Savitri, approached the Commission regarding exploitation of her deaf and dumb daughter, who, along with her child, had been deserted by her husband and in-laws, allegedly due to her disabilities. The Commission took up the matter and the husband was located, counseled and is currently agreed to rehabilitate with his wife and daughter.
The Commission was also successful in securing the release of Mrs. Sudha Bala (name changed) who was allegedly gang-raped by BSF personnel in early 2002. The victim along with her young daughter was wrongly detained in Presidency Jail in Kolkata, after the alleged rape. The matter was taken up by the Commission for the release of rape victim from the jail. The Commission's actions resulted in the release of Mrs. Das from jail, who was given safe custody to her brother.
Besides these achievements, the Legal Cell of the Commission has proposed amendments to a number of Acts and has proposed a number of new bills. The Commission has proposed amendments to the Hindu Marriage Act, 1955, Medical Termination of Pregnancy Act, 1971 and the Indian Penal Code, 1960. The Commission has also proposed bills such as the Marriage Bill of 1994, the Domestic Violence to Women (Prevention) Bill of 1994 and the Prevention of Barbarous and Beastly Cruelty against Women Bill, 1995 amongst others.
Over the years, the NCW has made significant contributions to the cause of women's rights in India.
Some of its notable achievements include:
Criticisms & Challenges faced by the NCW
Despite its achievements, the NCW faces several challenges in carrying out its functions effectively. Some of these challenges are:
Limited Outreach:
One of the major challenges facing the National Commission for Women (NCW) is limited outreach. The NCW's outreach programs are designed to raise awareness about women's rights and provide support to women who have experienced discrimination, harassment, or violence. However, these programs are often limited in their scope and reach.
The NCW's jurisdiction is limited to matters relating to women's rights and welfare, and it does not have the power to enforce its recommendations. As a result, its impact is limited, and its recommendations are often ignored.
The NCW's outreach programs and campaigns often fail to reach women in rural and remote areas, who are most vulnerable to discrimination and violence.
To address this challenge of limited outreach, the NCW needs to focus on several areas. Firstly, it needs to increase its funding so that it can expand its outreach programs and campaigns. Secondly, it needs to work closely with other government agencies and NGOs to coordinate its efforts and reach out to women in different parts of the country. Thirdly, it needs to raise awareness about its services and mandate among women across India. By addressing these areas, the NCW can overcome the challenge of limited outreach and ensure that it reaches out to women in need of its services across the country.
Political interference:
Political interference is another significant challenge facing the National Commission for Women (NCW). As a government-funded institution, the NCW is often subject to political interference from ruling parties, which can undermine its independence and impartiality. Political interference can take many forms, such as appointment of commission members based on political affiliations, pressure to investigate or not investigate certain cases, or funding cuts for activities that are not in line with the government's agenda.
Political interference can have severe consequences for the NCW's functioning and credibility. It can lead to a loss of public trust and make it difficult for the commission to carry out its mandate effectively. It can also create a sense of fear and apprehension among commission members, who may be pressured to toe the government line or risk losing their positions.
To address the challenge of political interference, it is essential to ensure the independence and impartiality of the NCW. This can be achieved by ensuring that commission members are appointed based on their qualifications and experience rather than their political affiliations. There should be a transparent and independent selection process for commission members, and their appointments should be subject to the approval of a cross-party parliamentary committee.
Additionally, the NCW should be given more powers to enforce its recommendations and ensure that its decisions are implemented. This would require amending the National Commission for Women Act, 1990, to give the commission more teeth. By having more power and authority, the NCW can resist political interference and carry out its mandate effectively.
Finally, it is essential to raise public awareness about the importance of an independent and impartial NCW. The commission needs to work closely with civil society organizations and women's rights groups to build public support for its work and create pressure on the government to ensure its independence. This can help to create a more conducive environment for the NCW to operate independently and carry out its mandate effectively.
In conclusion, political interference is a significant challenge facing the National Commission for Women in India. However, by ensuring its independence, enhancing its powers, and raising public awareness, the NCW can overcome this challenge and carry out its mandate of promoting and protecting women's rights in India effectively.
Lack of adequate resources:
The National Commission for Women (NCW) has often been criticized for its lack of adequate resources, which has limited its ability to effectively carry out its mandate. Despite being a statutory body, the commission does not have the financial or administrative autonomy to function independently. It is dependent on the government for funding and resources, which can be limited and inadequate.
The NCW's lack of resources has impacted its outreach and capacity to provide support to women across the country. Due to budgetary constraints, the commission's operations are often restricted to urban centers, leaving women in rural and remote areas without access to its services. This has resulted in the exclusion of large segments of women from the commission's purview, and has limited its ability to address issues of violence and discrimination against women in these areas.
The lack of resources has also impacted the NCW's capacity to provide timely and effective support to women who approach the commission. The commission has a large caseload and often faces challenges in responding to complaints in a timely manner. It is also limited in the scope of its interventions due to resource constraints, which can result in ineffective or inadequate responses to cases.
Future prospects of the National Commission for Women:
Despite the challenges, there are several opportunities for the NCW to strengthen its role in promoting women's rights in India. Some of these opportunities are:
Does The NCW Really Help?
The National Commission for Women (NCW) has been instrumental in promoting and protecting women's rights in India. It has taken several initiatives to address issues related to women's safety, discrimination, and violence, and has helped numerous women across the country. However, there are also instances where the NCW has been criticized for not doing enough or overlooking certain cases.
One of the criticisms leveled against the NCW is that its reach is limited and that it does not cater to the needs of all women across the country. Due to resource constraints, the NCW's outreach programs and campaigns are often restricted to urban centers, leaving women in rural and remote areas without access to its services. As a result, many women are unable to seek redressal from the NCW when they face discrimination or violence.
Another criticism of the NCW is that it is slow to respond to cases and that its interventions are often not effective. Many women have reported long delays in receiving help from the commission, and some have even alleged that the NCW's interventions have made their situation worse. In some cases, the NCW has been accused of not taking a strong stance on issues related to women's rights, and of being too cautious in its approach.
Despite these criticisms, it is important to note that the NCW has made a significant impact in several areas. It has helped women in distress and taken up cases of violence and discrimination against women. It has also undertaken several initiatives to raise awareness about women's rights and promote gender equality. Some of the notable achievements of the NCW include the following:
It has played a critical role in advocating for legislative reforms to strengthen laws related to women's safety and protection. For instance, the NCW played an instrumental role in the drafting of the Protection of Women from Domestic Violence Act, 2005.
It has taken up several high-profile cases of violence and discrimination against women and provided support to women in distress. For example, the NCW intervened in the Nirbhaya case, a brutal gang rape and murder case in Delhi, and played a key role in ensuring that the perpetrators were brought to justice.
Kathua Rape Case, 2018.
The NCW's role in the Kathua case was widely criticized for being inadequate and not providing enough support to the victim's family. The commission was accused of failing to respond promptly to the incident, and its members did not visit the victim's family until several days after the incident came to light. The commission was also criticized for not taking any action against the politicians who had made inflammatory statements about the case.
Additionally, the NCW's limited outreach and accessibility were highlighted in this case, as the victim's family belonged to a marginalized community that lived in a remote area. The commission was accused of not doing enough to reach out to the family and provide them with the necessary support and resources.
The NCW's response to the Kathua case was further criticized when one of its members, Rekha Sharma, made a controversial statement questioning the victim's mother's silence in the matter. Sharma's comments were widely criticized for being insensitive and victim-blaming, and the NCW was accused of failing to provide a safe and supportive environment for the victim's family.
The Kathua case highlights the NCW's limitations in providing support and justice to women in remote areas and marginalized communities. The commission's inability to take action against influential politicians and its insensitive remarks further raise questions about its effectiveness in addressing gender-based violence and discrimination. The case also highlights the need for the NCW to improve its outreach and accessibility to ensure that it can provide adequate support to all women, regardless of their socio-economic status or geographic location.
Haryana Rape Case, 2012.
The 2012 Haryana rape case, also known as the Rohtak gang rape case, was another incident that exposed the NCW's limitations in providing justice to victims of sexual violence. The incident involved a 20-year-old Dalit woman who was abducted and gang-raped by six men in Rohtak, Haryana. The victim's family had filed a missing person's report when she did not return home from college, and her body was later found with severe injuries.
The NCW came under fire for its delayed response to the incident, and for not taking appropriate action to ensure the victim's safety and security. The commission's team arrived in Rohtak only five days after the incident, and the victim's family accused the NCW of not providing them with adequate support and resources. The victim's family also alleged that they were threatened by the accused and their family members, and that the local police were not taking appropriate action.
The incident sparked protests across the country, and the case was later transferred to the Central Bureau of Investigation (CBI) for further investigation. The accused were eventually sentenced to life imprisonment.
The Haryana rape case highlights the NCW's limitations in providing timely and effective support to victims of sexual violence. The commission's delayed response and limited outreach to marginalized communities expose its inadequacy in addressing gender-based violence and discrimination. The case also highlights the need for the NCW to work closely with local authorities to ensure that victims of sexual violence receive timely and appropriate support and resources.
Controversies
Section 497 Of The Indian Penal Code
In December 2006 and January 2007, the NCW found itself at the center of a minor controversy over its insistence that Section 497 of the Indian Penal Code not be changed to make adulterous wives equally prosecutable by their husbands.
But the grounds on which Ms. Vyas resists the logic of making this a criminal offense — particularly for women, as often recommended — are not as encouraging. She is averse to holding the adulterous woman equally culpable as the adulterous man because women, she believes, are never offenders. They are always the victims.
The NCW has demanded that women should not be punished for adultery, as a woman is "the victim and not an offender" in such cases. They have also advocated the amendment of Section 198 of the CrPC to allow women to file complaints against unfaithful husbands and prosecute them for their promiscuous behavior. This was in response to "loopholes" in the Indian Penal Code that allowed men to file adultery charges against other men who have engaged in illicit relations but did not allow women to file charges against their husbands.
The Commission has also worked to guarantee women security in unconventional relationships.
Mangalore Pub Attack Controversy
The NCW came under sharp criticism for their response to the attack by forty male members of the Hindu right-wing Sri Ram Sena on eight women in a bar in Mangalore in late January 2009. Video from the attack shows the women were punched, pulled by their hair, and thrown out of the pub.
NCW member Nirmala Venkatesh was sent to assess the situation, and said in an interview that the pub did not have adequate security and that the women should have protected themselves. Venkatesh said, "If the girls feel they were not doing anything wrong why are they afraid to come forward and give a statement?" On 6 February, the NCW said they decided not to accept Venkatesh's report but would not be sending a new team to Mangalore. On 27 February, the Prime Minister's Office approved the removal of Nirmala Venkatesh on disciplinary grounds.
Guwahati Molestation Controversy
The NCW came under fire again after the molestation of a 17-year-old girl by a gang of men outside a pub in Guwahati on 9 July 2012. NCW member Alka Lamba was accused of leaking the name of the minor victim to the media, and was subsequently removed from the fact-finding committee, though she remains a member of the commission. The following week, NCW chairperson Mamta Sharma made comments suggesting that women "be careful how you dress", which invited criticism that she was guilty of victim blaming. The controversy led activists to call for a restructuring of the commission.
Badaun Rape And Murder Controversy
In 2021, the NCW was once again criticized for engaging in victim blaming following the gang rape and murder of a woman in Badaun, Uttar Pradesh. A two-member delegation from the NCW was sent to the site of the incident to meet with the victim's family and prepare a fact-finding report. NCW member Chandramukhi Devi, who was part of the delegation, stated to the press that part of the blame for the incident lay with the victim, as she had chosen to visit the temple late in the evening.
Devi stated, "A woman should not go out at odd hours under the influence of somebody. I think if she had not gone out in the evening, or had some child along with her, this could have been prevented." The comments attracted wide criticism on social media, as well as from celebrities. Following public criticism, Devi withdrew her remarks.
Conclusion:
In conclusion, the National Commission for Women (NCW) in India has faced significant criticisms and challenges in carrying out its mandate to promote and protect women's rights in the country.
The NCW's limited outreach and inadequate resources have hindered its effectiveness in reaching out to women in remote and rural areas, who often face the most severe forms of discrimination and violence. The commission's dependence on the government for funding and appointments has also raised concerns about its autonomy and independence, with allegations of political interference and bias in its functioning.
Moreover, the NCW has been criticized for failing to adequately address the intersectional nature of discrimination and violence against women in India. The commission's response to cases of violence and discrimination against women has been slow and ineffective, with many women not receiving the necessary support and assistance from the commission.
Overall, while the NCW has made some contributions to the ongoing struggle for women's rights and gender equality in India, it has fallen short in several areas. The commission needs to address these criticisms and challenges to improve its effectiveness and ensure that it can effectively carry out its mandate to promote and protect women's rights in the country.
References:
While Indian women have fought against the patriarchal Indian society and triumphed at many levels, cases of rape, dowry deaths, female infanticide, sexual harassment at workplaces, female illiteracy, and similar problems are still rampant in Indian society. It was in this backdrop that the Committee on the Status of Women in India (CSWI) established the National Commission for Women to fulfill the surveillance functions and to facilitate redressal of grievances and to accelerate the socio-economic development of women.
The principle of gender equality is enshrined in the Indian Constitution. The Preamble, promotes Equality of status and of opportunity; the Fundamental Rights enshrined in Part III of the Indian Constitution and Directive Principles enshrined in Part IV of the Constitution all promote gender equality. The Constitution not only grants equality to women but has also made special provisions for ensuring equality
The National Commission for Women (NCW) is an apex body of the Indian government responsible for promoting and protecting the rights of women in the country. Established in 1992 under the National Commission for Women Act, the NCW serves as a vital mechanism to empower women and ensure their safety and equality in various spheres of life.
The NCW comprises a chairperson, five members, and a member-secretary, all of whom are appointed by the central government. The commission is mandated to investigate and examine all matters related to the safeguards provided for women under the constitution and other laws. It also works towards promoting and protecting the rights of women, including their right to life, dignity, and equality.
The NCW is an important mechanism for protecting the rights of women in India, which has a long history of gender-based discrimination and violence. Women in India face a range of challenges, including limited access to education, employment opportunities, and healthcare, as well as high rates of domestic violence, sexual assault, and harassment.
The NCW plays a critical role in addressing these challenges by advocating for the rights of women and promoting gender equality. The commission has achieved several significant milestones in its mission to safeguard and promote women's rights in India. For example, the NCW has played a pivotal role in the passage of several laws aimed at protecting women's rights, such as the Protection of Women from Domestic Violence Act, 2005, and the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.
The commission has also been actively involved in addressing a range of issues affecting women in India, including the eradication of female foeticide, the prevention of child marriage, and the promotion of women's empowerment. Additionally, the NCW has established several initiatives to support and empower women, such as the Mahila E-Haat, a digital marketplace for women entrepreneurs, and the Ujjawala scheme, which provides rehabilitation and support to victims of trafficking and commercial sexual exploitation.
Composition Of The Commission
The National Commission for Women Act, 1990 (Act No. 20 of 1990 of Government of India) constituted the National Commission for Women as a statutory body. The first commission was constituted on 31st January 1992 with Mrs. Jayanti Patnaik as the Chairperson.
The Act of 1990 under Section 3 provides for the constitution of the commission. This section lays down that the commission will consist of one Chairperson, who is committed to the cause of women, five members from various fields and a member secretary who shall be an expert in the fields of management, organizational structure, sociological movement or a member of the civil service of the Union. All the members of the commission are nominated by the Central Government.
Each person holds office for a period of five years or till he attains the age of seventy. At least one member each of the Commission must belong to a Scheduled Caste or Scheduled Tribe. In addition to the abovementioned members of the Commission, the Commission has the power to set up committees with members from outside the Commission.
The Commission must consist of a minimum number of members which includes a chairperson, a member secretary, and the other five members.
- Chairperson: The central government should nominate the chairperson.
- Five members: The five members are also to be nominated by the central government from amongst the persons of ability, integrity, and standing. They should possess experience in various fields like law or legislation, trade unionism, management of industry potential of women, women's voluntary organization, education, administration, economic development, and social well-being.
- Member Secretary: The Central Government also nominates the member secretary. He/ she should be either an expert in the field of management, an organization, or an officer who is a member.
The mandate (functions) of the National Commission for Women, 1990 is defined in Section 10 of the National Commission for Women Act which is as follows:
- Investigating and examining all matters relating to the safeguards provided for women under the Constitution and other laws.
- The National Commission of Women enjoys the powers of a civil court. It investigates and examines the matters related to the safeguards ensured for feminine society under the Constitution of India.
- It took complaints suo moto notice of issues related to the non-implementation of laws and non-enforcement of laws and non-compliance of policy decisions, guidelines enacted and aimed at mitigating hardships ensuring the welfare and then taking up issues arising out of matter with the concerned authorities.
- Making recommendations to the government on issues relating to the welfare of women.
- Action Research
- NCW members take part in the planning process of socio-economic development of women, propose measures to encourage their representation in all spheres, and review their advancement.
- It also examines the safeguards provided for women in the Constitution and other laws, study their working, recommend amendments to meet any inadequacies or deficiencies, and advocate measures for effective implementation.
- Legal Intervention
- Providing legal assistance to women who are victims of discrimination and violence. The Parivarik Mahila Lok Adalat (PMLA) is an innovative component with its roots in the traditional Nyaya Panchayats.
- It is created by NCW for the redressal and speedy disposal of cases. It has taken up 7500 cases so far. The essential feature of PMLA is cordial mutual settlement and flexibility in implementation, aiming to empower women in the justice delivery mechanism.
- Reviewing the existing legislation, policies, and programs for women and suggesting changes to them.
- Undertaking research and publishing reports on various issues affecting women.
- Inspecting jails, remand homes, and other institutions where women are detained.
- Inquiring into complaints of harassment and discrimination against women.
- Taking up cases of violation of the rights of women with the concerned authorities.
Achievements of the National Commission for Women:
The complaints and counseling cell of the Commission is perhaps the most successful organ of the organization, in illustration:
Ms. Rupali Jain was reinstated as a teacher, due to the actions of the Commission, after her services were terminated at a school run by a non – governmental organization, without any substantial reasons. In another matter, Smt. Savitri, approached the Commission regarding exploitation of her deaf and dumb daughter, who, along with her child, had been deserted by her husband and in-laws, allegedly due to her disabilities. The Commission took up the matter and the husband was located, counseled and is currently agreed to rehabilitate with his wife and daughter.
The Commission was also successful in securing the release of Mrs. Sudha Bala (name changed) who was allegedly gang-raped by BSF personnel in early 2002. The victim along with her young daughter was wrongly detained in Presidency Jail in Kolkata, after the alleged rape. The matter was taken up by the Commission for the release of rape victim from the jail. The Commission's actions resulted in the release of Mrs. Das from jail, who was given safe custody to her brother.
Besides these achievements, the Legal Cell of the Commission has proposed amendments to a number of Acts and has proposed a number of new bills. The Commission has proposed amendments to the Hindu Marriage Act, 1955, Medical Termination of Pregnancy Act, 1971 and the Indian Penal Code, 1960. The Commission has also proposed bills such as the Marriage Bill of 1994, the Domestic Violence to Women (Prevention) Bill of 1994 and the Prevention of Barbarous and Beastly Cruelty against Women Bill, 1995 amongst others.
Over the years, the NCW has made significant contributions to the cause of women's rights in India.
Some of its notable achievements include:
- The commission played a crucial role in the enactment of several laws aimed at protecting the rights of women, such as the Protection of Women from Domestic Violence Act, 2005, the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, and the Criminal Law (Amendment) Act, 2013.
- The NCW has been instrumental in creating awareness about women's rights and empowering them to fight for their rights. It has organized numerous awareness campaigns, workshops, and training programs for women across the country.
- The commission has intervened in several high-profile cases of violence against women and ensured that justice was done. For instance, it played a key role in the investigation of the 2012 Delhi gang-rape case, which led to the conviction and sentencing of the accused.
- The NCW has also been active in addressing issues related to the representation of women in politics, media, and other fields. It has advocated for the reservation of seats for women in Parliament and state legislatures, and for greater representation of women in decision-making positions in the media and corporate sectors.
Criticisms & Challenges faced by the NCW
Despite its achievements, the NCW faces several challenges in carrying out its functions effectively. Some of these challenges are:
Limited Outreach:
One of the major challenges facing the National Commission for Women (NCW) is limited outreach. The NCW's outreach programs are designed to raise awareness about women's rights and provide support to women who have experienced discrimination, harassment, or violence. However, these programs are often limited in their scope and reach.
The NCW's jurisdiction is limited to matters relating to women's rights and welfare, and it does not have the power to enforce its recommendations. As a result, its impact is limited, and its recommendations are often ignored.
The NCW's outreach programs and campaigns often fail to reach women in rural and remote areas, who are most vulnerable to discrimination and violence.
To address this challenge of limited outreach, the NCW needs to focus on several areas. Firstly, it needs to increase its funding so that it can expand its outreach programs and campaigns. Secondly, it needs to work closely with other government agencies and NGOs to coordinate its efforts and reach out to women in different parts of the country. Thirdly, it needs to raise awareness about its services and mandate among women across India. By addressing these areas, the NCW can overcome the challenge of limited outreach and ensure that it reaches out to women in need of its services across the country.
Political interference:
Political interference is another significant challenge facing the National Commission for Women (NCW). As a government-funded institution, the NCW is often subject to political interference from ruling parties, which can undermine its independence and impartiality. Political interference can take many forms, such as appointment of commission members based on political affiliations, pressure to investigate or not investigate certain cases, or funding cuts for activities that are not in line with the government's agenda.
Political interference can have severe consequences for the NCW's functioning and credibility. It can lead to a loss of public trust and make it difficult for the commission to carry out its mandate effectively. It can also create a sense of fear and apprehension among commission members, who may be pressured to toe the government line or risk losing their positions.
To address the challenge of political interference, it is essential to ensure the independence and impartiality of the NCW. This can be achieved by ensuring that commission members are appointed based on their qualifications and experience rather than their political affiliations. There should be a transparent and independent selection process for commission members, and their appointments should be subject to the approval of a cross-party parliamentary committee.
Additionally, the NCW should be given more powers to enforce its recommendations and ensure that its decisions are implemented. This would require amending the National Commission for Women Act, 1990, to give the commission more teeth. By having more power and authority, the NCW can resist political interference and carry out its mandate effectively.
Finally, it is essential to raise public awareness about the importance of an independent and impartial NCW. The commission needs to work closely with civil society organizations and women's rights groups to build public support for its work and create pressure on the government to ensure its independence. This can help to create a more conducive environment for the NCW to operate independently and carry out its mandate effectively.
In conclusion, political interference is a significant challenge facing the National Commission for Women in India. However, by ensuring its independence, enhancing its powers, and raising public awareness, the NCW can overcome this challenge and carry out its mandate of promoting and protecting women's rights in India effectively.
Lack of adequate resources:
The National Commission for Women (NCW) has often been criticized for its lack of adequate resources, which has limited its ability to effectively carry out its mandate. Despite being a statutory body, the commission does not have the financial or administrative autonomy to function independently. It is dependent on the government for funding and resources, which can be limited and inadequate.
The NCW's lack of resources has impacted its outreach and capacity to provide support to women across the country. Due to budgetary constraints, the commission's operations are often restricted to urban centers, leaving women in rural and remote areas without access to its services. This has resulted in the exclusion of large segments of women from the commission's purview, and has limited its ability to address issues of violence and discrimination against women in these areas.
The lack of resources has also impacted the NCW's capacity to provide timely and effective support to women who approach the commission. The commission has a large caseload and often faces challenges in responding to complaints in a timely manner. It is also limited in the scope of its interventions due to resource constraints, which can result in ineffective or inadequate responses to cases.
Future prospects of the National Commission for Women:
Despite the challenges, there are several opportunities for the NCW to strengthen its role in promoting women's rights in India. Some of these opportunities are:
- Increased funding:
Increased funding for the National Commission for Women (NCW) has been a long-standing demand of women's rights activists in India. The NCW has been operating with limited resources since its inception, which has hindered its ability to effectively carry out its mandate of promoting and protecting women's rights in the country. Increased funding could enable the commission to expand its reach and provide better services to women across the country.
Increased funding could also help the NCW to improve its response to cases of violence and discrimination against women. The commission receives thousands of complaints each year, and the limited resources available to it mean that it is often unable to respond to all of them in a timely and effective manner. With more resources, the commission could invest in the development of new technologies and systems to streamline its complaint redressal process and respond to cases more quickly.
One of the opportunities for the National Commission for Women to strengthen its role in promoting women's rights in India is increased funding. The government should allocate more resources to the NCW so that it can carry out its functions more effectively. This would enable the commission to expand its outreach programs and campaigns, improve its research capabilities, and provide legal assistance to a greater number of women. With increased funding, the NCW can make an even greater contribution to the cause of women's rights in India.
Moreover, increased funding could enable the NCW to conduct more research and advocacy work on issues related to women's rights. The commission could commission studies and surveys to gather more data on the status of women in India and use this information to advocate for policy changes that could improve their lives. The commission could also engage in more outreach and awareness-raising activities to educate the public about women's rights and promote gender equality.
In conclusion, increased funding for the National Commission for Women is crucial for enabling the commission to carry out its mandate effectively. It could help the commission expand its outreach efforts, improve its response to cases of violence and discrimination against women, and conduct more research and advocacy work on issues related to women's rights. Women's rights activists in India have been calling for increased funding for the NCW for years, and it is high time that the government takes concrete steps to address this issue.
- Enhanced powers:
The NCW should be given more powers to enforce its recommendations and ensure that its decisions are implemented. This would require amending the National Commission for Women Act, 1990, to give the commission more teeth.
- Greater independence:
The NCW should be made more independent of the government so that it can function more effectively. This can be achieved by making the appointment of its members more transparent and independent of political influence.
- Focus on rural and remote areas:
The NCW should focus more on reaching out to women in rural and remote areas who are often the most vulnerable to discrimination and violence. This would require the commission to work more closely with local NGOs and other organizations that have a presence in these areas.
- International cooperation:
The NCW should explore opportunities for international cooperation and collaboration with other women's rights organizations around the world. This would enable the commission to learn from the experiences of other countries and gain new insights into the challenges facing women in India.
Does The NCW Really Help?
The National Commission for Women (NCW) has been instrumental in promoting and protecting women's rights in India. It has taken several initiatives to address issues related to women's safety, discrimination, and violence, and has helped numerous women across the country. However, there are also instances where the NCW has been criticized for not doing enough or overlooking certain cases.
One of the criticisms leveled against the NCW is that its reach is limited and that it does not cater to the needs of all women across the country. Due to resource constraints, the NCW's outreach programs and campaigns are often restricted to urban centers, leaving women in rural and remote areas without access to its services. As a result, many women are unable to seek redressal from the NCW when they face discrimination or violence.
Another criticism of the NCW is that it is slow to respond to cases and that its interventions are often not effective. Many women have reported long delays in receiving help from the commission, and some have even alleged that the NCW's interventions have made their situation worse. In some cases, the NCW has been accused of not taking a strong stance on issues related to women's rights, and of being too cautious in its approach.
Despite these criticisms, it is important to note that the NCW has made a significant impact in several areas. It has helped women in distress and taken up cases of violence and discrimination against women. It has also undertaken several initiatives to raise awareness about women's rights and promote gender equality. Some of the notable achievements of the NCW include the following:
It has played a critical role in advocating for legislative reforms to strengthen laws related to women's safety and protection. For instance, the NCW played an instrumental role in the drafting of the Protection of Women from Domestic Violence Act, 2005.
It has taken up several high-profile cases of violence and discrimination against women and provided support to women in distress. For example, the NCW intervened in the Nirbhaya case, a brutal gang rape and murder case in Delhi, and played a key role in ensuring that the perpetrators were brought to justice.
Kathua Rape Case, 2018.
The NCW's role in the Kathua case was widely criticized for being inadequate and not providing enough support to the victim's family. The commission was accused of failing to respond promptly to the incident, and its members did not visit the victim's family until several days after the incident came to light. The commission was also criticized for not taking any action against the politicians who had made inflammatory statements about the case.
Additionally, the NCW's limited outreach and accessibility were highlighted in this case, as the victim's family belonged to a marginalized community that lived in a remote area. The commission was accused of not doing enough to reach out to the family and provide them with the necessary support and resources.
The NCW's response to the Kathua case was further criticized when one of its members, Rekha Sharma, made a controversial statement questioning the victim's mother's silence in the matter. Sharma's comments were widely criticized for being insensitive and victim-blaming, and the NCW was accused of failing to provide a safe and supportive environment for the victim's family.
The Kathua case highlights the NCW's limitations in providing support and justice to women in remote areas and marginalized communities. The commission's inability to take action against influential politicians and its insensitive remarks further raise questions about its effectiveness in addressing gender-based violence and discrimination. The case also highlights the need for the NCW to improve its outreach and accessibility to ensure that it can provide adequate support to all women, regardless of their socio-economic status or geographic location.
Haryana Rape Case, 2012.
The 2012 Haryana rape case, also known as the Rohtak gang rape case, was another incident that exposed the NCW's limitations in providing justice to victims of sexual violence. The incident involved a 20-year-old Dalit woman who was abducted and gang-raped by six men in Rohtak, Haryana. The victim's family had filed a missing person's report when she did not return home from college, and her body was later found with severe injuries.
The NCW came under fire for its delayed response to the incident, and for not taking appropriate action to ensure the victim's safety and security. The commission's team arrived in Rohtak only five days after the incident, and the victim's family accused the NCW of not providing them with adequate support and resources. The victim's family also alleged that they were threatened by the accused and their family members, and that the local police were not taking appropriate action.
The incident sparked protests across the country, and the case was later transferred to the Central Bureau of Investigation (CBI) for further investigation. The accused were eventually sentenced to life imprisonment.
The Haryana rape case highlights the NCW's limitations in providing timely and effective support to victims of sexual violence. The commission's delayed response and limited outreach to marginalized communities expose its inadequacy in addressing gender-based violence and discrimination. The case also highlights the need for the NCW to work closely with local authorities to ensure that victims of sexual violence receive timely and appropriate support and resources.
Controversies
Section 497 Of The Indian Penal Code
In December 2006 and January 2007, the NCW found itself at the center of a minor controversy over its insistence that Section 497 of the Indian Penal Code not be changed to make adulterous wives equally prosecutable by their husbands.
But the grounds on which Ms. Vyas resists the logic of making this a criminal offense — particularly for women, as often recommended — are not as encouraging. She is averse to holding the adulterous woman equally culpable as the adulterous man because women, she believes, are never offenders. They are always the victims.
The NCW has demanded that women should not be punished for adultery, as a woman is "the victim and not an offender" in such cases. They have also advocated the amendment of Section 198 of the CrPC to allow women to file complaints against unfaithful husbands and prosecute them for their promiscuous behavior. This was in response to "loopholes" in the Indian Penal Code that allowed men to file adultery charges against other men who have engaged in illicit relations but did not allow women to file charges against their husbands.
The Commission has also worked to guarantee women security in unconventional relationships.
Mangalore Pub Attack Controversy
The NCW came under sharp criticism for their response to the attack by forty male members of the Hindu right-wing Sri Ram Sena on eight women in a bar in Mangalore in late January 2009. Video from the attack shows the women were punched, pulled by their hair, and thrown out of the pub.
NCW member Nirmala Venkatesh was sent to assess the situation, and said in an interview that the pub did not have adequate security and that the women should have protected themselves. Venkatesh said, "If the girls feel they were not doing anything wrong why are they afraid to come forward and give a statement?" On 6 February, the NCW said they decided not to accept Venkatesh's report but would not be sending a new team to Mangalore. On 27 February, the Prime Minister's Office approved the removal of Nirmala Venkatesh on disciplinary grounds.
Guwahati Molestation Controversy
The NCW came under fire again after the molestation of a 17-year-old girl by a gang of men outside a pub in Guwahati on 9 July 2012. NCW member Alka Lamba was accused of leaking the name of the minor victim to the media, and was subsequently removed from the fact-finding committee, though she remains a member of the commission. The following week, NCW chairperson Mamta Sharma made comments suggesting that women "be careful how you dress", which invited criticism that she was guilty of victim blaming. The controversy led activists to call for a restructuring of the commission.
Badaun Rape And Murder Controversy
In 2021, the NCW was once again criticized for engaging in victim blaming following the gang rape and murder of a woman in Badaun, Uttar Pradesh. A two-member delegation from the NCW was sent to the site of the incident to meet with the victim's family and prepare a fact-finding report. NCW member Chandramukhi Devi, who was part of the delegation, stated to the press that part of the blame for the incident lay with the victim, as she had chosen to visit the temple late in the evening.
Devi stated, "A woman should not go out at odd hours under the influence of somebody. I think if she had not gone out in the evening, or had some child along with her, this could have been prevented." The comments attracted wide criticism on social media, as well as from celebrities. Following public criticism, Devi withdrew her remarks.
Conclusion:
In conclusion, the National Commission for Women (NCW) in India has faced significant criticisms and challenges in carrying out its mandate to promote and protect women's rights in the country.
The NCW's limited outreach and inadequate resources have hindered its effectiveness in reaching out to women in remote and rural areas, who often face the most severe forms of discrimination and violence. The commission's dependence on the government for funding and appointments has also raised concerns about its autonomy and independence, with allegations of political interference and bias in its functioning.
Moreover, the NCW has been criticized for failing to adequately address the intersectional nature of discrimination and violence against women in India. The commission's response to cases of violence and discrimination against women has been slow and ineffective, with many women not receiving the necessary support and assistance from the commission.
Overall, while the NCW has made some contributions to the ongoing struggle for women's rights and gender equality in India, it has fallen short in several areas. The commission needs to address these criticisms and challenges to improve its effectiveness and ensure that it can effectively carry out its mandate to promote and protect women's rights in the country.
References:
- National Commission for Women (NCW) - ClearIAS
- Kathua rape case: Three gets life imprisonment, five year jail term for others - The Economic Times
- https://legalserviceindia.com/legal/article-8050-women-and-law.html
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