The National Commission for Women

In one line

A statutory Commission with the powers of a civil court, a duty on the Central Government to consult it, and no power to order anything.

In the wording a student can write in an exam: the National Commission for Women was constituted under the National Commission for Women Act 1990, and came into being on 31 January 1992. Section 3 provides for a Chairperson COMMITTED TO THE CAUSE OF WOMEN nominated by the Central Government, five Members nominated from persons of ability, integrity and standing with experience in law or legislation, trade unionism, the 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, of whom at least one each shall be from the Scheduled Castes and the Scheduled Tribes, and a Member-Secretary. Section 10 sets out fourteen functions. Section 10(4) gives the Commission all the powers of a civil court trying a suit when it investigates a matter relating to the safeguards or a complaint of deprivation of women's rights. Section 16 requires the CENTRAL GOVERNMENT to consult it on all major policy matters affecting women. And by sections 10(2) and 14 its reports go to Parliament with a memorandum of action taken and the reasons for non-acceptance.

Constitution and composition

Section 1 and section 2. The Act, extending to the whole of India, and the definitions of Chairperson, Commission, Member, Member-Secretary and prescribed.

Section 3. The Central Government shall constitute the Commission, consisting of a Chairperson committed to the cause of women; five Members from the fields listed above, with at least one each from the Scheduled Castes and the Scheduled Tribes; and a Member-Secretary who is either an expert in management, organisational structure or sociological movement, or an officer of a civil service of the Union or an all-India service or holding a civil post under the Union with appropriate experience.

Section 4. The Chairperson and every Member hold office for a period not exceeding THREE YEARS as the Central Government specifies, may resign in writing, and may be removed on the grounds stated.

Sections 5 to 9. Officers and employees provided by the Central Government; salaries and allowances paid out of grants; proceedings not invalidated by a vacancy or defect; COMMITTEES of the Commission, with power to co-opt non-Members who may attend and take part but NOT VOTE; and the procedure to be regulated by the Commission itself.

The Member-Secretary provision is worth a sentence. Where the officer is a civil servant, the Commission's principal executive is a person on deputation from the Government whose conduct the Commission may be examining. That is the structural criticism, and it parallels the criticism of the Internal Committee under the sexual harassment Act.