Recently in September, the chief of the National Commission for women in India, Ms. Rekha Sharma, stated that there had been an increase in the percentage of crimes in the first eight months of this corresponding year 2021 against the women community. It was a rise of around 46 percent when compared to the previous years. These increases in crimes against women, especially rape and other sexual assaults, have tremendously increased in the last decade. It is becoming serious every day, and one main question that has been asked by many is what are the law and the enforcers of such doing? The answer lies in the system itself, and changing the system from its bottom would give us relief such as education, ensuring there are stricter enforcers of the law. This article will look into one of such enforcers of the law, which was constituted through a statute, which is the National Commission for women, under the National commission of women act, 1990. Let us try and understand more about this commission through this article.
Statutory Body:
The national commission for women was a statutory body, if I may say so, as this was constituted by a statute enacted by the parliament of India. Before looking into the powers, functions of the commission under the act, it is important to note what are the objects behind the enactment of the National Commission for Women act of 1990. This act came into force on 31st January 1992 through a notification in the official gazette of India. The main aim, which has been mentioned in its preamble, is to ensure the constitution of a separate national commission for women and also to provide requisites that are connected therewith. This act applies to the whole of Indian Territory.
The commission shall function as per the prescribed manner which is provided by the appropriate government from time to time under the provisions of the act.
- Who shall preside over the commission?
Chapter 2 of the act of 1990 deals with the national commission for women. More specifically, section 3 and 4 gives the power to the central government to constitute a commission for the women and also to fix their tenure from time to time as required. As per section 3(2) of the act of 1990, the commission shall have one chairman who shall be a person committed to the cause of women and he/she shall be nominated by the union government. Along with the chairman, there are five other members committed to this cause and shall be nominated again by the union government from persons with the ability and also integrity towards the work and also has a fair experience in the field of law or legislation, trade unionism, industrial management or any organization in which those persons are committed to the employment potential of women. They may also be nominated from any voluntary organizations or administration and economic development of women, which also includes women activists and social welfare activists.
One most important representation is that at least one of the members should be a person from the scheduled caste and tribes respectively, and also there will be a member-secretary who will also be nominated by the union government, and such person shall be an expert in the field of management or structure or in the sociological movement or shall be an officer in the union or at the state level or an all India level.
Are these officials public servants?
Section 15 of the act of 1990 states that all the members and chairman shall be deemed to be public servants for the purpose of the definition provided under section 21 of the Indian Penal code.
Functions of National Women Commission:
Having looked into the provisions relating to the nature and the composition of the national commission for women, it becomes crucial to know what would be the functions that are undertaken by this commission. Chapter 3 of the said act of 1990 provides for functions and specifically, section 10 deals with the functions of the commission under the act. Clauses (a) to (n) under section 10 provides with what are the functions that are framed by the union government for achieving the purpose of its establishment. Their functions are listed as follows:
- Firstly, they should investigate and make an examination into the constitution of India and other laws for the safeguards and measures existing for women. These examination reports on existing safeguards shall be presented to the union government whenever the commission is required to present the same.
- All those safeguards shall be reviewed from time to time and recommended for a better implementation if needed to the union government or to the state governments. This revision shall also include the recommendation to make the amendments in such laws as needed and required.
- They shall have the jurisdiction to take up the cases if they find that the provisions of the constitution have been violated against women, and they shall take note of complaints and other suo moto cases that are relating to deprivation of rights of women or failure in the implementation of laws enacted for the protection of women and also a failure in achieving those objectives of the law.
- Along with the above-mentioned functions, the commission shall also undertake special research that will help in the socio-political development of women and also evaluate such socio-economic and political developments in union and also in the state.
- These are important functions, and these functions are not exclusive rather, it is inclusive and shall also include those functions that are given to the commission by the appropriate government from time to time.
Section 16 empowers the union government to consult the National Commission for women in matters relating to taking a policy decision for the development of women in India.
Conclusion:
The National Commission for women act has served a better role in initiating any relief measures in the matters of women’s rights. But, there have been reports in the news that stated that there are many states which lack the required number of members for the state women commission. This is quite disturbing as we witness a lot of cases that are reluctant to come before the commission or to the light, and if members are not appointed, then the number of these reductions in reporting would also get increased. The rights of every woman should be fulfilled, and still, we find that there is a gap that exists in this society, which is unfortunate.
