National Commission for Women (NCW)

When we talk about women’s rights and empowerment in India, one of the most important institutions we must understand is the National Commission for Women (NCW).

Establishment

Background: Why Was the NCW Needed?

The story begins with a crucial government committee:
Committee on the Status of Women in India (1974)

This committee studied the overall condition of women in India and concluded that women needed a dedicated national-level body to protect their rights, monitor safeguards, and ensure their socio-economic development.

After this committee, many other boards and plans—for example:

National Perspective Plan for Women (1988)
—also repeated the same demand.

So finally, the Government of India created the National Commission for Women in 1992.

Nature of the NCW

This point is important for UPSC:

Is it a constitutional body?

❌ No.
It is not established by the Constitution.

Is it a statutory body?

✔ Yes.
It is created through a law passed by Parliament:
National Commission for Women Act, 1990.

Nodal Ministry:

Ministry of Women and Child Development supervises and coordinates with the Commission.

Core Objectives of the NCW

The Commission has wide powers and responsibilities. Its four major objectives are:

Review constitutional and legal safeguards for women.
Recommend legislative measures wherever current laws are inadequate.
Facilitate redressal of grievances related to women.
Advise the government on policy matters affecting women.

In short:
Safeguards → Suggestions → Solutions → Support

Composition of the Commission

Think of the NCW as a small but specialized team.

It consists of:

1 Chairperson
5 Members
1 Member-Secretary

Who can become Chairperson?

A person deeply committed to the cause of women.

Who can be the five members?

They must be persons of integrity and experience in fields such as:

Law / legislation
Trade unionism
Industry or organizational management
Women’s voluntary organisations
Administration
Economic development
Health
Education
Social welfare

Mandatory condition:

At least one member must be from Scheduled Castes (SC)
At least one from Scheduled Tribes (ST)

Member-Secretary qualifications:

Either:
(i) an expert in management, organisational structure, or sociological movements
OR
(ii) an officer from the Civil Service of the Union / All India Services / Union civil posts

Who appoints them?

All are nominated by the Central Government.

Tenure:

Three years
They can resign anytime
They can be removed by the Central Government under certain conditions

Grounds for Removal

The Central Government can remove the Chairperson or any member if the person:

Becomes an undischarged insolvent
Is convicted for an offence involving moral turpitude
Is declared of unsound mind
Refuses to act or becomes incapable of acting
Remains absent from three consecutive Commission meetings
Abuses official position, which harms public interest

These provisions ensure accountability within the Commission.

Functions

The NCW is not a symbolic body. It has substantial powers and a detailed mandate:

(1) Investigate and examine all matters related to safeguards for women.
(2) Submit reports to the Central Government on the working of these safeguards.
(3) Recommend effective implementation measures to Central and State governments.
(4) Review existing laws and suggest amendments.
(5) Take up cases of violations of women’s rights with authorities.
(6) Receive complaints or take suo motu notice on:
-Deprivation of rights
-Non-implementation of protective laws
-Non-compliance with policies related to women’s welfare
(7) Conduct special studies on issues arising from discrimination or atrocities.
(8) Undertake research to identify obstacles to women’s advancement—
e.g., lack of housing, inadequate services, occupational hazards.
(9) Participate and advise in planning processes for women’s socio-economic development.
(10) Evaluate the progress of women’s development in the Union and states.
(11) Inspect prisons, remand homes, women’s institutions and suggest remedial action.
(12) Fund litigation involving issues impacting a large body of women.
(13) Submit periodic reports highlighting difficulties faced by women.
(14) Take up any matter referred by the Central Government.

This wide mandate shows that NCW is not only a watchdog but also a think-tank, advisor, investigator, and promoter of women’s welfare.

Reporting to Parliament and State Legislatures

NCW submits an annual report to the Central Government.
Government places it before both Houses of Parliament, along with:
- Action Taken Report
- Reasons for non-acceptance of any recommendations

If a report concerns a state, the same process happens at the state legislature level.
This ensures transparency and parliamentary oversight.

Powers

To perform its wide responsibilities effectively, the NCW has been given strong, court-like powers. Let’s understand these power:

1. Power to Create Committees

The NCW often deals with special and highly technical issues—for example, trafficking, cybercrimes, workplace harassment, etc.
So, the Act allows the Commission to:

(a) Appoint committees

Whenever needed, the NCW can create committees to deal with specific issues.

(b) Co-opt experts

Experts who are not members of the NCW can be added (“co-opted”) into these committees.

They can:

attend meetings
participate in discussions

But they cannot vote.
This ensures expertise without compromising the Commission’s decision-making structure.

2. Power to Regulate Its Own Procedure

The NCW is free to decide:

How it will conduct its meetings
How its committees will function
What procedure will be followed for inquiries

This gives the body functional autonomy.

3. Civil Court Powers

When the NCW investigates a case or inquiries into a complaint, it enjoys the same powers as a civil court under the Civil Procedure Code.
This is extremely important, because it gives the Commission legal teeth.

These powers include:

Summoning & enforcing attendance
The NCW can summon any person from any part of India and examine them under oath.
Requiring documents
It can demand discovery and production of documents relevant to the case.
Accepting evidence on affidavits
Requisitioning public records
It can demand files from any court or office.
Issuing summons for witnesses and documents
Additional powers
Any other power that the Central Government may prescribe in future.

With these powers, NCW’s inquiries are not merely advisory—they carry quasi-judicial weight.

4. Mandatory Consultation by Central Government

On all major policy matters affecting women, the Central Government is required to consult the NCW.
This ensures that the nation’s top women’s rights body is actively involved in policymaking.

Working of the NCW

Now let’s see how the Commission functions on the ground.

How Complaints Are Received

The NCW accepts:

Written complaints
Verbal complaints
Suo motu cases, meaning the Commission takes action on its own when it notices violations.

Categories of Complaints (23 Heads)

Women face different forms of violence, discrimination, and injustice. To handle this systematically, NCW classifies complaints under 23 specific heads, including:

Rape/Attempt to rape
Acid attack
Sexual assault
Sexual harassment
Stalking/Voyeurism
Trafficking/prostitution
Outraging modesty/Molestation
Cyber crimes
Police apathy
Dowry harassment
Dowry death
Bigamy/Polygamy
Domestic violence
Custody/Divorce issues
Right to choose marriage/Honour crimes
Right to live with dignity
Workplace harassment
Denial of maternity benefits
Gender discrimination in education/work
Indecent representation
Female foeticide/sex-selective abortion
Traditional harmful practices (Sati, Devdasi, Witch Hunting)
Free legal aid

This comprehensive classification helps the Commission respond appropriately to each type of grievance.

How the NCW Acts on Complaints

Once a complaint is received, the Commission proceeds in several ways:

(1) Cases of police apathy

Sent to police authorities.
NCW monitors the progress to prevent delays or negligence.

(2) Family disputes

Handled through counseling and mediated compromise.
This is to ensure speedy and amicable resolution.

(3) Data sharing

Disaggregated data are shared with state authorities to help them take targeted action.

(4) Sexual harassment cases

Organizations (especially workplaces) are pushed to accelerate the inquiry process.
NCW monitors disposal of such cases.

(5) Serious crimes

NCW forms an Inquiry Committee to offer immediate relief, intervention, and justice to the victim.

Parivarik Mahila Lok Adalat (PMLA)

This is one of the Commission’s most innovative initiatives.

Purpose:

To quickly resolve marriage and family-related disputes pending in courts.

What is PMLA?

It is modeled after the Lok Adalat system.
It focuses exclusively on women-centric family disputes.
It supplements the work of the District Legal Service Authorities.

Support for organizing PMLA

NCW provides financial assistance to:

NGOs
State Women Commissions
State Legal Service Authorities

Objectives of PMLA

Speedy and cost-free justice to women
Promote awareness about conciliatory dispute resolution
Encourage settlement outside formal courts
Empower women to participate in the justice system

In short:
PMLA is a fast, friendly, and accessible justice mechanism for women.