Explain the structure and functions of the National Commission for Women. (2024, 15 Marks)
The National Commission for Women (NCW) was set up under the National Commission for Women Act, 1990 and began work on 31 January 1992, with Jayanti Patnaik as its first chairperson. It belongs to what Shirin M. Rai‘s comparative work calls “national machineries” for the advancement of women: agencies inside the state meant to push law and administration towards gender equality.
Structure
Section 3 fixes the Commission’s composition, and the Central Government nominates all of it.
| Office | Strength | Statutory requirement |
|---|---|---|
| Chairperson | 1 | “Committed to the cause of women” |
| Members | 5 | Standing in law, trade unionism, women’s organisations, administration, economic development, health, education or social welfare; at least one SC and one ST member |
| Member-Secretary | 1 | An expert in management or organisational structure, or a Union civil servant |
- Tenure. Under Section 4(1), members serve a term of up to three years.
- Removal. Under Section 4(3), the Centre removes a member for insolvency, conviction involving moral turpitude, unsound mind, absence from three consecutive meetings, or abuse of office in its opinion, after a hearing.
- Staff and money. The Centre provides the staff (s.5) and grants (s.11); the CAG audits the accounts (s.12).
- Working units. These include the Complaint and Investigation Cell, the Legal Cell, the NRI Cell, a research and studies wing and a Pre-Marital Communication Cell.
- Leadership. Vijaya Rahatkar, its ninth chairperson, has led it since October 2024.
Functions under Section 10
- Investigating safeguards. It examines every constitutional and legal safeguard for women and takes violations up with the authorities concerned.
- Complaints and suo motu action. It acts on the deprivation of rights and the non-implementation of protective laws. It received 25,743 complaints in 2024.
- Law review. It recommends amendments; its advocacy helped secure the Domestic Violence Act, 2005.
- Research and planning. It commissions studies, advises on development planning and evaluates women’s progress in the Union and the States.
- Custody and litigation. It inspects jails and remand homes and funds litigation affecting large numbers of women.
- Reporting. Its reports go to the Centre, which must lay them before Parliament with an action-taken memorandum (s.10(2)). State matters go to state legislatures (s.10(3)).
Section 16 obliges the Centre to consult the Commission on all major policy matters affecting women.
Powers
Section 10(4) gives the Commission the powers of a civil court when it investigates safeguards or complaints of deprived rights. It can summon witnesses and examine them on oath, compel documents, receive affidavits, requisition public records and issue commissions.
Limits
- Recommendatory. These powers help it find facts, but its recommendations bind no one.
- Executive control. Nomination and removal both rest with the executive, so its assertiveness varies with the chairperson, as the Guwahati remarks of 2012 showed.
- Self-restraint. Sadhana Arya argues that the members narrowed further a mandate the government had already limited.
Conclusion
The NCW pairs a wide mandate and inquisitorial reach with executive nomination, removal and funding, so it has leaned towards protection rather than empowerment. Reviewing its composition and giving ministries deadlines to answer would do more than adding powers.