Abstract:

1. Composition of National commission for women.

2. Term of office and conditions of service of chairperson and members.

3. Powers of NCW.

4. Functions of NCW

Article:

• Composition of the National Commission for Women:

Section 3 in The National Commission for Women Act, 1990 3. Constitution of the National Commission for Women.-

(1) The Central Government shall constituted 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.

(2) 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 or organisation committed to increasing the employment potential of women, women’s voluntary organisations (including women activists), administration, economic development, health, education or social welfare: Provided that at least one Member each shall be from amongst persons belonging to the Scheduled Castes and Scheduled Tribes respectively;

(c) a Member-Secretary to be nominated by the Central Government, who shall be-

i) an expert in the field of management, organisational structure or sociological movement, or

(ii) 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.

• Term of office and conditions of service of chairperson and members —

(1) The chairperson and every member shall hold office for such period, not exceeding three years, as may be specified by the central government in this behalf.

(2) The chairperson or a member (other than the member-secretary who is a member of civil service of the union or of an all India service or holds a civil post under the union) may, by writing addressed to the central government, resign from the office of chairperson or, as the case may be, of the member at any time.

(3) The central government shall remove a person from the office of chairperson or a member referred to in sub section (2)if that person —

a. becomes an undischarged insolvent.

b. gets convicted and sentenced to imprisonment for an offence which in the opinion of central-government involves moral turpitude.

c. becomes of unsound mind and stands so declared by an competent court.

d. refuses to act or becomes incapable of acting;

e. is without obtaining leave of absence from the commission.

f. in the opinion of central government so abused the position of chairperson or member as to render that person’s continuance in office detrimental to the public interest; Providing that no person shall be removed under this clause until that person has been given a reasonable opportunity of being heard in the matter.

(4) A vacancy caused under sub section. (2)or otherwise shall be filled by fresh nomination.

(5) The salaries and allowance payable, to and other terms and conditions of service of ,chairperson and members shall be such as may be prescribed.

• Powers of NCW :

• Provide consultation on all major policy matters that affect women.

• Issuing summons for the examination of documents and the witnesses.

• It has the power to make any public record.

• Receiving evidence on affidavits

• Discovery and production of documents

• Summoning and enforcement.

• Functions of NCW :

1. The commission shall perform all or any of the following functions, namely :-

a. Investigate and examine all matters relating to the safeguards provided for women under the Constitution and other laws;

b. present to the Central Government, annually and at such other times as the Commission may deem fit, reports upon the working of those safeguard;

c. make in such reports recommendations for the effective implementation of those safeguards for the improving the conditions of women by the Union or any state;

d. review, from time to time, the exiting provisions of the Constitution and other laws affecting women and recommend amendments thereto so as to suggest remedial legislative measures to meet any lacunae, inadequacies or shortcomings in such legislations;

e. take up cases of violation of the provisions of the Constitution and of other laws relating to women with the appropriate authorities;

f. look into complaints and take suo moto notice of matters relating to:-

• deprivation of women’s rights;

• non-implementation of laws enacted to provide protection to women and also to achieve the objective of equality and development;

• non-compliance of policy decisions, guidelines or instructions aimed at mitigating hardships and ensuring welfare and providing relief to women, and take up the issues arising out of such matters with appropriate authorities;

g. call for special studies or investigations into specific problems or situations arising out of discrimination and atrocities against women and identify the constraints so as to recommend strategies for their removal;

h. undertake promotional and educational research so as to suggest ways of ensuring due representation of women in all spheres and identify factors responsible for impeding their advancement, such as, lack of access to housing and basic services, inadequate support services and technologies for reducing drudgery and occupational health hazards and for increasing their productivity;

i. participate and advice on the planning process of socio-economic development of women;

j. evaluate the progress of the development of women under the Union and any State;

k. inspect or cause to inspected a jail, remand home , women’s institution or other place of custody where women are kept as prisoners or otherwise and take up with the concerned authorities for remedial action, if found necessary;

l. fund litigation involving issues affecting a large body of women;

m. make periodical reports to the Government on any matter pertaining to women and in particular various difficulties under which women toil;

n. any other matter which may be referred to it by Central Government.

2. The Central Government shall cause all the reports referred to in clause (b) of sub-section (1) to be laid before each House of Parliament along with memorandum explaining the action taken or proposed to be taken on the recommendations relating to the Union and the reasons for the non-acceptance, if any, of any such recommendations.

3. Where any such report or any part thereof relates to any matter with which any State Government is concerned, the Commission shall forward an copy of such report or part to such State Government who shall cause it to be laid before the Legislature of the State along with a memorandum explaining the action taken or proposed to be taken on the recommendations relating to the State and the reasons for the non-acceptance, if any, of any such recommendations.

4. The Commission shall, while investigating any matter referred to in clause (a) or sub-clause (i) of clause (f) of sub-section (1), have all the powers of a civil court trying a suit and, in particular in respect of the following matters, namely :-

a. summoning and enforcing the attendance of any person from any part of India and examining him on oath;

b. requiring the discovery and production of any document;

c. receiving evidence on affidavits;

d. requisitioning any public record or copy thereof from any court or office;

e. issuing commissions for the examination of witnesses and documents; and

f. any other matter which may be prescribed. ________________________________

References :

https://indiankanoon.org/doc/83029037/ https://indiankanoon.org/doc/163417439/ http://ncw.nic.in/functions

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