6. NATIONAL COMMISSION FOR WOMEN

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1 6.0 INTRODUCTION 6. NATIONAL COMMISSION FOR WOMEN In January 1992, the National Commission For Women 6.1 was set up by an Act of Parliament with the Specific mandate to study and monitor all matters relating to the constitutional and legal safeguards provides for women, review the existing legislation, to suggest amendments wherever necessary, and safeguard the rights and entitlements of women. The commission extends financial support to NGOs and educational institutions to conduct legal awareness programme to enable women to become aware of their rights. 6.1 A BRIEF HISTORY The Committee on the Status of Women in India (CSWI) recommended nearly two decades ago, the setting up of a National Commission for women to fulfill the surveillance functions to facilitate redressal of grievances and to accelerate the socioeconomic development of women. Successive Committees / Commissions / Plans including the National Perspective Plan for Women ( ) recommended the constitution of an apex body for women. During 1990, the central government held consultations with NGOs, social workers and experts, regarding the structure, functions, powers etc.of the Commission proposed to be set up. In May 1990, the Bill was introduced in the Lok Sabha. In July 1990, the HRD Ministry organized a National Level Conference to elicit suggestions regarding the Bill. In August 1990 the government moved several amendments and introduced new provisions to vest the commission with the power of a civil court. The Bill was passed and received accent of the President on 30th August The First Commission was constituted on 31st January Dr.(Miss.) Girija Vyas took over as Chairperson of the National Commission for Women on 16 th February, ABOUT NWC The National Commission for Women was set up as statutory body in January 1992 under the National Commission for Women Act, 1990 (Act No. 20 of 1990 of Govt of India) to: 1. review the Constitutional and Legal safeguards for women ; 2. recommend remedial legislative measures ; 81

2 3. facilitate redressal of grievances and 4. Advise the Government on all policy matters affecting women. In keeping with its mandate, the Commission initiated various steps to improve the status of women and worked for their economic empowerment during the year under report. The Commission completed its visits to all the States/UTs except Lakshdweep and prepared Gender Profiles to assess the status of women and their empowerment. It received a large number of complaints and acted suo-moto in several cases to provide speedy justice. It took up the issue of child marriage, sponsored legal awareness programmes, Parivarik Mahila Lok Adalats and reviewed laws such as Dowry Prohibition Act, 1961, PNDT Act 1994, Indian Penal Code 1860 and the National Commission for Women Act, 1990 to make them more stringent and effective. It organized workshops/consultations, constituted expert committees on economic empowerment of women, conducted workshops/seminars for gender awareness and took up publicity campaign against female foeticide, violence against women, etc. in order to generate awareness in the society against these social evils. 6.3 CONSTITUTION OF THE COMMISSION The National Commission for Women is constituted under section 3 National Commission for Women Act, 1990 (Act No. 20 of 1990 of Govt.of India) 1. The Central Government shall constitute a body to be known as the National Commission for Women to exercise the powers conferred on and to perform the functions assigned to, it under this Act. The Commission shall consist of :- a. A Chairperson, committed to the cause of women, to be nominated by the Central Government. b. five Members to be nominated by the Central Government from amongst persons of ability, integrity and standing who have had experience in law or legislation, trade unionism, management of an industry potential of women, women s voluntary organizations (inc luding women activist), administration, economic development, health, education or socialwelfare; Provided that at least one Member each shall be from amongst persons belonging to the Scheduled Castes and Scheduled Tribes respectively; (1) a Member-Secretary to be nominated by the Central Government who shall be :- (a) An expert in the field of management, organizational structure or sociological movement, or An officer who is a member of a civil service of the Union or of an all-india service or holds a civil post under the Union with appropriate experience. 82

3 6.4 LEGAL AMENDMENTS PROPOSED Laws. The National Commission has suggestions for various amendments to the existing Criminal Procedure Code, amendment of sections 198 and 320 To remove restriction on lodging of complaint in respect of offences under sections 494 and 495 of the Indian Penal Code. Amendment of section 320 so as to make the offences under section 498 of the Indian Penal Code as Compoundable. Indian Penal Code, Strengthening of the laws to curb the incidence of sale of minor girls. Commission of Sati (Prevention) Act, To transfer the substantive provisions under the Indian Penal Code. The offence may be called as "Sati murder". Hindu Marriage Act, Amendment of section 5 so as to omit epilepsy as a ground for divorce. Child Marriage Restraint Act, Amendment should be made to change the definition of kidnapping under section 359 of the IPC. The marriage of a minor should be made void. The offence should be made cognizable and non-bailable. Indecent Representation of Women ( Prohibition ) Act, The Commission recommended for the amendment of Section 1 of the Act to make the definition of derogatory representation of women wider. Further provided for the increasing of punishment to the violators. Immoral Traffic (Prevention) Act, 1956 (for elimination of child prostitution and devising a comprehensive package for rehabilitation). The Commission recommended that the age of majority of the child under the Act may be raised to 18 years. 83

4 Further the Government should take up correctional measures and also to rehabilitate the women and children in prostitution. Medical Termination of Pregnancy Act, 1971 The women's consent must be obtained in every case. To provide stringent punishment to the violators. Foreign Marriage Act, 1969 The Commission has recommended for the stipulation of conditions for the performance of Marriages under this Act. The matters connected with this Act should be dealt by the Family Courts. Guardians and Wards Act, 1890 The Commission recommended that Section 15 and 16 or the Act should be amended so as to remove the compulsory linking of the wife's Domicile with that of the husband. Further a testamentary guardian may be appointed only with the consent of the parent if alive and capable of acting. Infant Milk Substitutes, Feeding Bottles and Infant Food (Regulation of Production, Supply and Distribution) Act, The commission recommended amendment of section 2(g), 3(g), 6,12, 13-17,19(2),21 and 23 of the said Act, for strengthening the provision for better implementation. More powers to NCW through: NCW (Amendment) Bill 1998 Power to appoint its own staff. Appointment of Commissioner for women's rights. Power of Prosecution in the lines of NHRC & Kerala State Commission for Women. Extension of the Act to the State of J & K. Amendment of laws relating to rape and sexual assault redefinition of the definitions of rape and allied provisions The recommendations are incorporated in Criminal Law (Amendment) Bill, 2006 and sent to the Government Older person s maintenance, care and protection Bill, 2005 The recommendations of the Commission have been submitted to the Ministry of Social Justice & Empowerment 84

5 Implementation of PC & PNDT Act All India Conference of State Secretaries - Health, WCD, DGPs and NGOs on implementation of the PC&PNDT Act Amendment to the Dowry Prohibition Act,1961 To transfer the substantive provisions under the Indian Penal Code. Dowry givers should be excluded from punishment. Appointment of Dowry Prohibition Officers. The Marriage expenses should be limited to 20% of the annual income of the girl's parents/guardian. National Conference on Review of the Dowry Prohibition Act, which was held in November, 2005 Family Courts (Amendment) Bill, 2005 There shall be one or more family courts in every district. Appeal under these matters will lie only to the High Courts. Private Members Bill was referred to the Commission and recommendations have been submitted to the Government 6.5 NCW has adopted a Multi-Pronged strategy to tackle the problem: Generation of legal awareness among women, thus equipping them with the knowledge of their legal rights and with a capacity to use these rights. Assisting women in redressal of their grievances through Prelitigation services. Facilitating speedy delivery of justice to women by organizing Parivarik Mahila Lok Adalats in different parts of the country. Review of the existing provisions of the Constitution and other laws affecting women and recommending amendments thereto, any lacunae, inadequacies or short comings in such legislation's. Organizing promotional activities to mobilize women and get information about their status and recommend paradigm shift in the empowerment of women. 6.6 COMPLAINTS AND COUNSELING CELL The Complaints and Counseling Cell of the commission processes the complaints received oral, written or suo moto under Section 10 of the NCW Act. The complaints received relate to domestic violence, harassment, dowry, torture, desertion, bigamy, rape, and refusal to register FIR, cruelty by husband, deprivation, gender discrimination and sexual harassment at work place. The complaints are tackled as below:- 85 Investigations by the police are expedited and monitored.

6 Family disputes are resolved or compromised through counseling. For serious crimes, the Commission constitutes an Inquiry Committee which makes spot enquiries, examines various witnesses, collects evidence and submits the report with recommendations. Such investigations help in providing immediate relief and justice to the victims of violence and atrocities. The implementation of the report is monitored by the NCW. There is a provision for having experts/lawyers on these committees. The State Commission, the NGOs and other experts are involved in these efforts. The complaints received show the trend of crimes against women and suggest systemic changes needed for reduction in crimes. The complaints are analyzed to understand the gaps in routine functioning of government in tackling violence against women and to suggest corrective measures. The complaints are also used as case studies for sensitization programmes for the police, judiciary, prosecutors, forensic scientists, defense lawyers and other administrative functionaries. As per the 1997 Supreme Court Judgment on Sexual Harassment at Workplace, (Vishaka and others V. state of Rajasthan and others (1997 (6) SCC 241) 6.2 every employer is required to provide for effective complaints procedures and remedies including awarding of compensation to women victims. In sexual harassment complaints, the concerned organization are urged to expedite cases and the disposal is monitored. 6.7 THE NATIONAL PLAN OF ACTION FOR GIRL CHILD ( ) The Plan of Action is to ensure survival, protection and development of the girl child with the ultimate objective of building up a better further for the girl child. References 6.1 The National Commission For Women website 6.2 Vishaka and others V. state of Rajasthan and others (1997 (6) SCC 241) 6.1 The National Commission For Women - website 6.2 Vishaka and others V. state of Rajasthan and others (1997 (6) SCC 241) 86

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