KLE Law College, Bengaluru

(Constituent College of K L E Technological University, Hubballi)

Name of the Student SAHANA A. KARKAL

Student Registration No 03FL23MLC008

Name of the Programme LLM Constitutional Law

Semester III Semester

Name of the Course Constitutional Miscellany

Course Code 21LLCT204

Assignment topic National Commission For Women

Submitted to Dr. Rathnakara Aithal K.

Signature of the Student Signature of the Course Teacher

 ACKNOWLEDGEMENT
I would like to thank my course teacher Dr.Rathnakara Aithal K. for giving me this opportunity
to do in-depth research on the topic “National Commission for Women” and also for guiding me
throughout whenever needed. I also would like to extend my sincere gratitude to the library
department of our college for facilitating remote access to online resources without which
researching would have been extremely difficult in the given circumstances.

[STUDENT’S SIGNATURE]
 DECLARATION

I, SAHANA A. KARKAL, III Semester, LLM- Constitutional Law, do hereby declare that I
have completed the assignment “National Commission For Women” and the same has not been
published in any other source. The information submitted is true and original to the best of my
knowledge.

[STUDENT’S SIGNATURE]
 TITLE: NATIONAL COMMISSION FOR WOMEN

Sl. Page
Particulars
No. No.

1 Introduction 1-2

Establishment of National Commission For Women

2.1 Brief History
2 3-7
2.2 Object of National Commission For Women
2.3 Composition of National Commission For Women
Powers and Functions of National Commission For Women
3 3.1 Powers 8-11
3.2 Functions
Working and Achievements of National Commission For Women
4.1 Role of National Commission For Women in proposing amendments
4 12-22
4.2 Category wise Success Stories of National Commission For Women
4.3 Important Court Interventions – Inquiries

5 Limitations of National Commission For Women 23-25

6 Conclusion and Suggestions 26-29

Bibliography 30-31
 PART 1

INTRODUCTION

Women enjoy a unique position in every society and country of the world. Despite their contribution in all
spheres of life, they suffer in silence and form a class which is in a disadvantaged position because of
several barriers and impediments. India, being a country of paradoxes, is no exception. Women in India, as
is well known, have never been treated well even at home or while at work. Here too, women, an epitome
of shakti, once given an exalted status, are in need of empowerment – legal, social, political and economic.
The matter has all along been agitated inside and outside the Parliament by Parliamentarians, by common
men, by organizations and societies for the welfare of the women.

In Madhu Kishwar v. State of Bihar 1, it was held that “Half of the population are women. Women have
always been discriminated against and have suffered and are suffering discrimination in silence. Self-
sacrifice and self-denial are their nobility and fortitude and yet they have been subjected to all inequities,
indignities, inequality and discrimination.”

Empowerment and equality are based on the gender sensitivity of society towards their problems. The
intensification of women’s issues and rights movement all over the world is reflected in the form of various
Conventions passed by the United Nations. These international protections have helped in the articulation
of feminist ideology. Gender equality, as an ideal, has always eluded the constitutional provisions of
equality before law or the equal protection of law. This is because equality is always supposed to be
between equals and since the judges did not concede that men and women are equal, gender inequality did
not seem to them to be a legally forbidden inequality.

In Bradwell v. State of Illinois,2 Bradley J of the US Supreme Court said: “The natural and proper timidity
and delicacy which belongs to the female sex evidently unfits it for many of the occupation of civil life.
The paramount destiny and mission of women are to fulfil the noble and benign offices of wife and mother.
This is the law of the Creator.” It is also worthwhile to quote the words of an eminent American judge who,
after tracking the historical background , explained the need for special provisions being made for women.
Thus in Muller v. Oregan3, it was stated: “that women’s physical structure and the performance of material

1
AIR 1996 SC 1864
2
83 US 130 (1972)
3
208 US 412

1
functions places her at a disadvantage for subsistence is obvious. History discloses the fact that woman has
always been dependent upon man. He established his control at the outset by superior physical strength and
this control in various forms, with diminishing intensity, has continued to the present. Education was long
denied to her, and while now the doors of the school room are opened and her opportunities for acquiring
knowledge are great, yet even with that and consequent increase of capacity for business affairs, it is still
true that in the struggle for subsistence, she is not an equal competitor with her brother. She will still be
where some legislation to protect her seems necessary to secure a real equality or right.”

As late as in 1961, in Hoyt v. Florida4, the US Supreme Court upheld a law placing a woman on the jury
list only if she made a special request because, as put by Harlan J, “a woman is still regarded as the corner
of home and family life”. Basically, as pointed out by Dicey5, the constitutional theories of rule of law and
the fundamental rights stemmed from the struggle for individual liberty and were intended to curb the
power of the State. For a long time, gender issues were not in the limelight. in our country, the constitution
makers, while drafting the constitution, were sensitive to the problems faced by women and made specific
provisions relating to them. The suprema lex, in its various articles, not only mandates equality of the
sexes, but also authorizes benign discrimination in favour of women and children to make up for the
backwardness which has been their age-hold destiny. But categorical imperatives constitutionalised by the
Founding Fathers are not self acting and can acquire socio-legal locomotion only by appropriate State
actions.6

Several Commissions had been set up by the Government to look into the matter of status of women in the
Indian Society. Successive Commissions on women had noted in their reports the unequal status of women
obtaining in every sphere of life and had suggested the setting up of an agency to fulfill the surveillance
functions as well as to facilitate redressal of the grievances of women. Several women activists and
voluntary action groups had also been making persistent demands for setting up of a commission for
women. Keeping in view the desirability of a commission for women at the national level the National
Commission for Women Bill, 1990 was introduced in the Lok Sabha on 22 nd May, 1990. Later on this Bill
became an Act to be known as the National Commission for Women Act, 1990 w.e.f. 20-08-1990.

4
368 US 57 (1961)
5
A. V. Dicey, Introduction to the Study of the Law of the Constitution (Macmillan, London, 9th edn., 1952)
6
O. C. Sharma, Krishna Iyer’s Crimes Against Women: A Saga of Victimology sans Penology (Ashish Publishing
House, New Delhi, 1993)

2
 PART 2

ESTABLISHMENT OF NATIONAL COMMISSION FOR WOMEN

2.1 BRIEF HISTORY

Nearly two decades ago, the Committee on the Status of Women in India (CSWI) recommended the
establishment of a National Commission for Women (NCW) to address critical issues related to the welfare
and empowerment of women in the country. The Commission was envisioned as an apex body with the
primary objective of fulfilling surveillance functions, facilitating the redressal of grievances, and promoting
the socio-economic development of women. The CSWI's recommendation highlighted the urgent need for
a dedicated institution that would work towards improving the status of women in India, protect their
rights, and ensure their participation in all spheres of life.

This recommendation was supported by several subsequent committees, commissions, and national plans,
all of which underscored the necessity of creating a formal institution to safeguard the interests of women.
For instance, the National Perspective Plan for Women (1988-2000) explicitly called for the establishment
of an apex body for women, reflecting a broader consensus across various governmental and non-
governmental stakeholders. These recommendations signaled the growing awareness in the government
and civil society about the critical need for systemic change in addressing the challenges faced by women
in India.7

In 1990, the central government initiated consultations with NGOs, social workers, and experts to discuss
the structure, functions, powers, and responsibilities of the proposed commission. These consultations
played a crucial role in shaping the Bill that was subsequently introduced in the Lok Sabha in May 1990.
The Bill aimed to provide the commission with sufficient powers and autonomy to carry out its functions
effectively. In July 1990, the Ministry of Human Resource Development (HRD) organized a National
Level Conference to gather suggestions and inputs regarding the Bill. 8 Based on these deliberations, the
government introduced several amendments to the Bill in August 1990, including provisions that vested the
commission with the powers of a civil court, thereby enabling it to take direct action on matters relating to
the violation of women’s rights.

7
Dr. K.B. Ojha, “An Analysis of Role of National Commission for Women Working In the Field of Women Rights
and Freedom”, 2 International Journal of Humanities and Social Science Invention (2013)
8
Ibid

3
The Bill was passed and received the assent of the President on August 30, 1990, marking the formal
establishment of the National Commission for Women. The Commission was tasked with addressing issues
such as gender-based violence, discrimination, and social, economic, and political inequalities that women
faced. Its role also extended to advising the government on policies and legislation affecting women and
raising public awareness on gender-related issues.

The First National Commission for Women was constituted on January 31, 1992, with Ms. Jayanti Patnaik
as its Chairperson. Under her leadership, the Commission worked towards addressing pressing concerns
related to women’s rights, while also advocating for legal reforms. The Second Commission, established in
July 1995, was headed by Dr. Mohini Giri, who brought her expertise in social work and advocacy for
marginalized women. The Third Commission, which began in January 1999, was chaired by Ms. Vibha
Parthasarathy, followed by the Fourth Commission under Dr. Poornima Advani in January 2002. Dr.
Advani’s tenure marked an important phase of the Commission’s involvement in addressing women’s legal
rights, particularly in the areas of marital laws and violence against women.

In February 2005, the Fifth Commission was formed with Dr. Girija Vyas as Chairperson, focusing on
women’s health and social welfare. The Sixth Commission, constituted in August 2011 with Ms. Mamta
Sharma as Chairperson, worked extensively on issues like domestic violence and the implementation of the
Protection of Women from Domestic Violence Act, 2005. The Seventh Commission, headed by Ms.
Lalitha Kumaramanglam in 2014, focused on issues of sexual harassment at the workplace and women’s
political participation. The current Commission, chaired by Ms. Rekha Sharma, was established in August
2018, continuing the NCW’s mission of addressing women’s issues at the national level and ensuring
gender equality through legal, social, and policy interventions.

2.2 OBJECT OF THE NATIONAL COMMISSION FOR WOMEN

The National Commission for Women was established as a statutory body in January 1992 under the
National Commission for Women Act, 1990 (Act No. 20 of 1990) by the Government of India. The
Commission was set up with the primary purpose of reviewing the constitutional and legal safeguards for
women, recommending legislative measures to address gaps in these safeguards, facilitating the redressal
of grievances, and advising the government on all policy matters concerning women’s welfare and

4
empowerment.9 The creation of the Commission was a significant step in acknowledging the need for a
dedicated institution that could advocate for the rights of women, ensure their protection, and help in
addressing gender disparities within the country.

In line with its mandate, the National Commission for Women has made considerable efforts towards
improving the status of women and enhancing their socio-economic position. One of the Commission’s
primary initiatives has been to conduct comprehensive assessments of women’s status through Gender
Profiles. These profiles have been prepared after visiting various States and Union Territories, with the
exception of Lakshadweep. By documenting and analyzing the conditions of women across different
regions, the Commission was able to understand the prevailing issues faced by women and identify areas
requiring intervention. This effort has allowed the Commission to tailor its policies and programs to
address specific regional challenges effectively.

The Commission also works proactively to ensure justice for women by responding to complaints and
taking suo-motu action in several cases. It has received a substantial number of complaints regarding issues
such as violence, discrimination, and exploitation, and the NCW has acted swiftly to ensure that these
grievances are heard and resolved. The focus on providing speedy justice is central to the Commission’s
efforts in safeguarding women’s rights. In addition to addressing individual complaints, the NCW has
taken up broader issues affecting women, such as child marriage, by initiating discussions and driving legal
reforms aimed at curbing these harmful practices.

Furthermore, the Commission has sponsored several legal awareness programs to educate women and the
public about their rights and legal remedies available to them. The NCW also organized Parivarik Mahila
Lok Adalats (family women’s courts) to offer women an accessible and alternative platform for dispute
resolution, particularly in cases involving domestic violence, marital disputes, and family-related matters.
These initiatives have empowered women with knowledge and tools to seek justice within the framework
of the law.

As part of its efforts to strengthen existing legal frameworks, the NCW has reviewed various laws
concerning women’s rights, including the Dowry Prohibition Act, 1961, the Pre-Conception and Pre-Natal
Diagnostic Techniques (PNDT) Act, 1994, the Indian Penal Code, 1860, and even the National

9
SADHNA ARYA, “National Commission for Women: An Overview of Its Performance”, 48 Economic and
Political Weekly (2013)

5
Commission for Women Act itself. The Commission has worked towards making these laws more
stringent and effective to prevent crimes against women and ensure greater accountability in their
implementation.

In addition to its legal initiatives, the NCW has been active in organizing workshops and consultations to
enhance awareness about gender issues. These workshops aim to sensitize people, particularly
policymakers and law enforcement officials, about gender equality and women’s rights. Expert committees
have been constituted by the Commission to focus on the economic empowerment of women, recognizing
the importance of financial independence and equal opportunities in achieving women’s overall
development.

The Commission has also launched extensive publicity campaigns to address social evils like female
foeticide and violence against women. These campaigns are designed to change societal attitudes, generate
awareness, and encourage action against these deeply rooted issues. By focusing on both legal reforms and
social awareness, the NCW strives to create a society where women can live with dignity, equality, and
security.

Through these various initiatives, the NCW has been instrumental in shaping the discourse around
women’s rights in India, influencing policy decisions, and advocating for legal reforms. Its efforts have
played a crucial role in addressing the challenges faced by women and continue to contribute to the fight
for gender equality and empowerment in India.

2.3 COMPOSITION OF THE NATIONAL COMMISSION FOR WOMEN

Section 3: National Commission for Women Act, 1990 (Act No. 20 of 1990 of the Government of India)
provides for the composition of the Commission

a. Constitution of the Commission: The Central Government shall constitute a body known as the
National Commission for Women to exercise the powers conferred upon it and perform the functions
assigned to it under this Act.10

b. Composition of the Commission: The Commission shall consist of the following members:

10
The National Commission for Women Act, 1990 (ACT NO. 20 OF 1990), s. 3(1)

6
 a. Chairperson: A Chairperson committed to the cause of women, to be nominated by the Central
Government.11
b. Five Members: The Central Government shall nominate five Members from among persons of
ability, integrity, and standing, who have had experience in the following areas:
o Law or legislation
o Trade unionism
o Management of industry or trade with potential for women
o Women’s voluntary organizations (including women activists)
o Administration
o Economic development
o Health, education, or social welfare

Provided that at least one Member each shall be from persons belonging to the Scheduled Castes and
Scheduled Tribes, respectively.12

c. Member-Secretary: A Member-Secretary to be nominated by the Central Government, who

shall fulfill one of the following qualifications:
o An expert in the field of management, organizational structure, or sociological
movement, or
o An officer who is a member of the civil service of the Union or an all-India service, or
holds a civil post under the Union with relevant experience. 13

11
The National Commission for Women Act, 1990 (ACT NO. 20 OF 1990), s. 3(2)(a)
12
The National Commission for Women Act, 1990 (ACT NO. 20 OF 1990), s. 3(2)(b)
13
The National Commission for Women Act, 1990 (ACT NO. 20 OF 1990), s. 3(2)(c)

7
 PART 3

POWERS AND FUNCTIONS OF THE NATIONAL COMMISSION FOR WOMEN

3.1 POWERS OF THE COMMISSION14

The powers of the National Commission for Women are specified in Section 10(4) of the National
Commission for Women Act, 1990. Under this provision, the Commission is vested with significant
powers to effectively investigate and address matters related to women’s welfare and rights. Specifically,
while investigating any matter referred to in clause (a) or sub-clause (i) of clause (f) of sub-section (1), the
Commission is granted all the powers of a civil court that is trying a suit. These powers enable the
Commission to carry out its duties with the necessary authority and efficiency, ensuring thorough
investigations and the fair treatment of cases.

The Commission has the authority to:

1. Summon and enforce attendance: It can summon any person from anywhere in India and
examine them under oath, which allows the Commission to gather testimony and facts pertinent
to its investigations.
2. Require the discovery and production of documents: The Commission can demand that
individuals or organizations produce relevant documents, which is crucial for uncovering
evidence in cases.
3. Receive evidence on affidavits: The Commission can accept evidence through affidavits,
which allows for the submission of written testimony from witnesses or experts.
4. Requisition public records: It can request public records or copies of such records from any
court or office, facilitating access to important documents for case analysis.
5. Issue commissions for examination: The Commission can issue commissions to examine
witnesses or documents, which helps gather necessary evidence that may not be immediately
accessible.
6. Prescribe other matters: The Commission can exercise any other powers as may be
prescribed by law, further enhancing its ability to perform its duties effectively.

14
The National Commission For Women Act, 1990 (ACT NO. 20 OF 1990), s. 10(4)

8
These powers ensure that the NCW can conduct investigations independently and thoroughly, enabling it to
address grievances and enforce women’s rights more effectively.

3.2 FUNCTIONS OF THE COMISSION15

Section 10 of the National Commission for Women Act, 1990 provides the Functions of the Commission.
The Commission has been entrusted with all such functions which would protect the rights of women. It
has also been assigned the functions of analyzing the laws and recommending changes thereto. The
National Commission for Women shall perform all or any of the following functions:

(a) Investigate and examine matters related to women’s safeguards: The Commission shall
investigate and examine all matters concerning the safeguards provided for women under the
Constitution and other laws.
(b) Annual and periodic reporting: The Commission shall present reports to the Central
Government, annually and at such other times as deemed fit, on the working of the safeguards for
women.
(c) Recommendations for implementation: In these reports, the Commission shall make
recommendations for the effective implementation of these safeguards and for improving the
conditions of women by the Union or any State.
(d) Review and recommend amendments: The Commission shall review the existing provisions of
the Constitution and other laws affecting women, recommending amendments to address any
lacunae, inadequacies, or shortcomings in such legislations.
(e) Take up cases of violations: The Commission shall take up cases involving the violation of the
provisions of the Constitution and other laws relating to women with the appropriate authorities.
(f) Address complaints and suo-motu action: The Commission shall look into complaints and take
suo-motu notice of matters related to:
i. Deprivation of women’s rights;
ii. Non-implementation of laws enacted for women’s protection and equality, as well as non-
fulfillment of development objectives;

15
The National Commission For Women Act, 1990 (ACT NO. 20 OF 1990), s. 10(1)

9
 iii. Non-compliance with policy decisions, guidelines, or instructions aimed at mitigating
hardships and ensuring the welfare of women. The Commission shall take up such issues
with the appropriate authorities.
(g) Special studies and investigations: The Commission may call for special studies or investigations
into specific problems or situations related to discrimination and atrocities against women. It shall
identify constraints and recommend strategies for their removal.
(h) Promotional and educational research: The Commission shall undertake promotional and
educational research to suggest ways of ensuring due representation of women in all spheres. It
shall also identify factors impeding women’s advancement, such as lack of access to housing, basic
services, inadequate support services, and occupational health hazards, while recommending
solutions to increase productivity.
(i) Participation in socio-economic planning: The Commission shall participate in and advise on the
planning process for the socio-economic development of women.
(j) Evaluate progress of women’s development: The Commission shall evaluate the progress of
women’s development under the Union and any State.
(k) Inspection of places of custody: The Commission shall inspect or cause to be inspected jails,
remand homes, women’s institutions, or other places where women are kept as prisoners or
otherwise. If necessary, it shall take up remedial actions with the concerned authorities.
(l) Fund litigation: The Commission may fund litigation involving issues affecting a large body of
women, helping in legal matters that have a broader impact on women’s rights.
(m) Periodic reports to the Government: The Commission shall make periodic reports to the
Government on any matters pertaining to women, particularly regarding the difficulties faced by
women in their daily lives.
(n) Other matters referred by the Central Government: The Commission shall also address any
other matter referred to it by the Central Government.

These functions reflect the broad mandate of the National Commission for Women, empowering it to play
a key role in addressing women’s issues, advocating for legal reforms, ensuring compliance with policies,
and driving the socio-economic development and welfare of women in India. 16

16
Mamta Rao, Law Relating to Women and Children 92 (Eastern Book Company, Lucknow, 3rd edn., 2012)

10
The Central Government has to consult the Commission on all major policy matters affecting women. The
reports submitted by the Commission to the government have to be laid before each House of Parliament,
along with a memorandum by the government, explaining the action taken or proposed to be taken on the
recommendations and the reasons, if any, for the non-acceptance of the same. 17

The annual report of the Commission containing a full account of its activities of the preceding financial
year has to be sent to the Central Government. The government has to lay before each House of Parliament
the report together with a memorandum of action taken on the recommendations.

17
Supra note 16

11
 PART 4

WORKING AND ACHIEVEMENTS OF THE NATIONAL COMMISSION FOR WOMEN

Keeping in view the mandate of the act and regulations, the commission has taken initiatives which
brought transition in the functioning of the commission. The Commission brought awareness amongst the
women and equipped them with knowledge of their legal rights with a capacity to use these rights. One
such event was legal awareness camp on "Reproductive Health rights, Foeticide, Infanticide, Preconception
& Prenatal Diagnostic Techniques Act, 1994 and the Medical Termination of Pregnancy Act" held on 21-
22nd September, 2012. 18

The commission has assisted women in redressal of their grievances through pre-litigation services
involving efficacious delivery of justice to them by organizing Parivarik Mahila Lok Adalats (PMLA) in
different parts of the country and free legal aid which is given through District Legal Services Authority
(DLSA). Moreover, the commission constantly reviews existing provisions of the constitution and other
laws relating to women and recommends periodic amendments thereto.

The commission reviewed laws such as Dowry Prohibition Act, 1961, Pre-conception and Pre-natal
Diagnostic Techniques Act, 1994, Indian Penal Code, 1860 and the National Commission for Women Act,
1990 to make them more stringent and effective. Apart, the commission organizes promotional activities
from time to time to stimulate women and gather information about their status and recommend paradigm
shift in their empowerment. The commission through its various cells investigates and examines all matters
relating to safeguards provided for women and devises a comprehensive strategy to tackle cases of
violation of the fundamental rights of women under the constitution and other laws.

The commission in numerous cases has taken cognizance of complaints made by vulnerable section of
women and taken suo moto notice of such matters. Also, it delves for deprivation of women's rights. The
commission has also taken cognizance of incidents relating to commission of heinous crimes against
women. One of such incident was the Delhi gang rape incident which brought special attention nationwide.
In this regard, the commission with the support of members of civil society appealed the government to
amend the existing sexual assault laws. It was in this backdrop that the criminal law (amendment) act, 2013
was promulgated. Furthermore, it has conducted special studies and investigations into specific problems &

18
Gaurav Mohunta, “National Commission For Women : Its Role & Responsibility”, available at:
https://www.lawfinderlive.com/Articles-1/Article35.htm (last accessed on Jan 14, 2025)

12
situations arising out of discrimination and atrocities against women. It also undertakes 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. A two-day national consultation event was
organized on 27th and 28th of February, 2014 at Jaipur, Rajasthan on "Prohibition of Atrocities against
Women by Dehumanizing and Stigmatizing them in public" to finalize the NCW Draft Model Central
Legislation.

The Commission has published reports, magazines and articles covering contemporary issues of women.
One such publication is "Rashtra Mahila". Moreover, it advises on the planning process of socio-economic
development of women and evaluates the progress of development of women under the Union and States.
The Commission conducts inspection of jails, remand home, women's institution or other place of custody
where they are kept as prisoners or otherwise & pursue with the concerned authorities for remedial action,
if found necessary.19

Taking cognizance of reports in the media regarding gross violation of the rights of women living in
Swadhar Grehs in the country, the Commission initiated inspection of 12 such homes in the country on a
pilot basis to ascertain the factual status of these homes. In an attempt to make these inspections more
meaningful and with a view to cover all Swadhar Grehs in India, the Commission organized a daylong
consultation with academia, NGOs and Government Departments on 13.09.2018. The Commission
endeavors to render financial assistance to women institutions, NGOs and organizations working for the
upliftment of women.

4.2 ROLE OF NATIONAL COMMISSION FOR WOMEN IN PROPOSING AMENDMENTS

1. Penal Code, 1860

The commission has recommended

1. To strengthen the IPC to curb the incidence of sale of minor girls, and
2. To transfer the substantive provisions of the commission of Sati (Prevention) Act, 1987 under the
IPC and name the offence as sati murder.

19
Manpreet Kaur, “Role of the National Commission For Women”, available at:
https://www.researchgate.net/publication/371166615_Role_of_the_National_Commission_For_Women (last
accessed on Jan 14, 2025)

13
2. Criminal Procedure Code, 1973

To remove restriction on lodging of complaint in respect of offences under sections 494 and 495 IPC, the
commission has recommended amendments of sections 198 and 320 CrPC so as to make the offences
under section 498 IPC as compoundable. 20

3. Hindu Marriage Act, 1955

Amendment of section 5 of the Hindu Marriage Act, 1955, so as to omit epilepsy as a ground for divorce,
was recommended by the national commission for women.

4. Indecent Representation of Women (Prohibition) Act, 1986

The commission recommended for the amendment of section 1 of the Indecent Representation of Women
(Prohibition) Act, 1986 to make the definition of derogatory representation of women more wider, further,
providing for increasing punishment to the violators.

5. Immoral Traffic (Prevention) Act, 1956

Amendment of the immoral traffic (prevention) act, 1956 for elimination of child prostitution, devising a
comprehensive package for rehabilitation of women and children in prostitution, and taking up correctional
measures was recommended. The commission recommended that the age of majority of the child under the
act may be raised to 18 years.

6. Medical Termination of Pregnancy Act, 1971

The commission recommended amendment of the Medical Termination of Pregnancy Act, 1971 so that the
women's consent must be obtained in every case of termination of pregnancy and to provide stringent
punishment to the violators.

7. Foreign Marriage Act, 1969

The commission has recommended changes in the Foreign Marriage Act, 1969 for stipulating conditions
for the performance of marriages under this Act. The matters connected with this Act should be dealth by
the family courts.

20
P. K. Das, Protection of Women From Domestic Violence Act and Rules 212 (Universal Law Publishing Co. Pvt.
Ltd., Delhi, 3rd edn., 2009)

14
8. Guardians and Wards Act, 1890

The Commission recommended amendments in Sections 15 and 16 of the Guardians and Wards Act, 1890
so as to remove the compulsory linking of the wife's domicile with that of the husband.Further, a
testamentary guardian may be appointed only with the con- sent of the parent, if alive and capable of
acting.

9. Family Courts (Amendment) Bill, 2005

The Commission recommended that there shall be one or more family courts in every district. Appeal from
the matters in these courts will lie only with the High Courts. Private Members Bill was referred to the
Commission and recommendations have been submitted to the government.

10. The Prevention of Crimes in the Name of "Honour" and Tradition Bill, 2010

The backdrop of the object of proposing this Bill is a spate of murders and dishonourable crimes in the
name of "honour", whether of a family or caste or community, which have been reported in the recent past
and are continuing to be reported. The problem is not confined to some areas alone, but almost every part
of the country has been witness to such incidents. A crime in the name of "honour" is one of a range of
violent or abusive acts including emotional, physical, and sexual abuse and other coercive acts. In each of
these cases, the family of the girl, who has chosen to exercise her choice to marry, is implicated. The
family, sometimes alone, and often in association with other relatives or friends, and/or a certain body of
persons like the "caste" or "Khap" or community based panchayat, is instrumental in committing these
killings and crimes. On certain occasions, the main perpetrator of these crimes and killings is the "caste" or
"Khap" or community panchayat.21

These panchayats or associations, through various kinds of coercive and punitive actions, want to create
terror and stop marriages and associations on the basis of choice from taking place. However, these actions
in the name of "honour" are due to a variety of self-seeking reasons, but are commonly justified on the
basis of custom and tradition. These actions are also violative of certain fundamental rights in the Indian
Constitution, including the right to life and liberty, which includes the right to bodily integrity and the right
to choose whom to associate with. The actions of the parents of the girl to stop her from exercising her

21
Dr. Ishita Chatterjee, Gender Justice and Feminist Jurisprudence 168 (Central Law Publications, Allahabad, 1st
edn., 2017)

15
choice also result in curtailment of her freedom to movement and expression. A valid consent to a mar-
riage is also an essential prerequisite under law. However, no laws which punish crimes in the name of
honour exist in India. There are also no laws which punish the illegal and often barbaric actions of the
Khap or community panchayat, or other caste or religious associations. Some sections under the IPC are
invoked to sometimes book offenders in these cases; but these sections do not cover the entire gamut of
illegal actions perpetrated in the name of honour, or prescribe adequate punishment for these barbaric acts.

11. Prohibition of Sexual Harassment of Women at Workplace Bill, 2010

The National Commission for Women gave the revised draft Bill on the prohibition of sexual harassment
of women at workplace.

The Preamble to the Bill States: A Bill conferring upon women the right to protection against sexual
harassment and towards that end for the prevention and redressal of sexual harassment of women.

Whereas Sexual Harassment infringes the fundamental right of a woman to gender equality under Articles
14 and 15 of the Constitution of India and her right to life and live with dignity under Article 21 of the
Constitution which in- cludes a right to a safe environment free from sexual harassment.

And Whereas the right to protection from sexual harassment and the right to work with dignity are
recognized as universal human rights by international conventions and instruments such as Convention on
the Elimination of all Forms of Discrimination against Women (CEDAW), which has been ratified by the
Government of India.

And Whereas the Supreme Court in Vishaka v. State of Rajashthan has for- mulated guidelines to address
sexual harassment until a suitable legislation is enacted in this respect.

12. Compulsory Registration of Marriage Bill, 2005

The National Commission for women has recommended the enactment of a legislation and proposed it as
the Compuslory Registration of Marriage Bill, 2005, having a uniform law relating to marriages and with
the aim of preventing polygamy and child marriages, making registration of marriages compulsory.

16
 13. Revised Scheme for Relief and Rehabilitation of Victims of Rape (As revised on 15 April 2010)

The Hon'ble Supreme Court in Delhi Domestic Working Women's Forum v. Union of India" had directed
the National Commission for Women to evolve a "scheme so as to wipe out the tears of unfortunate victims
of rape". To give effect to the aforesaid direction of the Hon'ble Court, the National Commission for
Women had sent a draft scheme to the Central Government in 1995. The Committee of Secretaries had on
this given the following guidelines in this regard, naming it as the "Scheme for Relief and Rehabilitation of
Victims of Rape, 2005":

1. That a plan scheme would be prepared by the NCW/DWCD for disbursing compensation to the victims
of rape and the scheme should also provide for interim compensation.
2. The quantum of compensation is to be worked out by the DWCD in consultation with the NCW.
3. Provision for budgetary requirements for the scheme, which would be transferred to the states as
Grants-in-Aid.
4. Setting up of District level Committees headed by District Magistrate, to consider the claims.
5. Criminal Injuries Compensation Board to monitor the implementation of the scheme by the State
Government and attending to any complaint received in this regard.
6. The MHA would issue suitable directives to State governments for directing the public prosecutors to
plead before the competent court to award suitable compensation to the victims.
7. Monitoring of the scheme by the National Commission for women

The National Commission for Women has redrafted the scheme in the light of these guidelines in
formulating the scheme; the Commission is also guided by the parameters given by the Supreme Court as
well as its own assessment of the needs of the victims of rape.

4.3 CATEGORY WISE SUCCESS STORIES OF NATIONAL COMMISSION FOR WOMEN 22

1. The Commission received a complaint pertaining to Rape. The Commission took up the matter and
sought an action taken report from concerned Superintendent of Police. The Commission was informed
via report submitted by the said SP Office, stating that the charge sheet under section 366/344/376D/506
IPC has been filed before the Hon’ble Court. (violence against women)

22
“Success Stories”, available at: http://ncw.nic.in/ncw-cells/complaint-investigation-cell/success-stories (last
accessed on Jan 14, 2025)

17
2. The Commission had received a complaint pertaining to attempt to rape and non registration of FIR by
the police. The matter was taken up with the concerned Police authority, Meerut, Uttar Pradesh seeking
an action taken report. With requisite intervention of the Commission, police registered an FIR u/s
452/323/506/354B/392/376/511/147 IPC. The charge sheet had been filled in the court. (violence
against women)
3. The Commission had received a complaint pertaining to rape. The matter was taken up with the
concerned Police authority, Saharanpur, Uttar Pradesh seeking an Action Taken Report. Upon
coordinated efforts of the concerned counsellor, police registered an FIR U/s 376 IPC. The charge sheet
had been filed before the court. (violence against women)
4. The Commission had received a complaint pertaining to domestic violence. The matter was taken up
with the concerned Superintendent of Police, Nadia, West Bengal seeking an action taken report. With
intervention of the commission, police registered an FIR against the accused under Section 498A IPC.
Also the matter was taken up with District Legal Service Authority and a case was filed before the court
under Domestic Violence Act, 2005 to provide appropriate relief to the victim. (Right to live with
dignity)
5. The Commission had received a complaint pertaining to domestic violence. The matter was taken up
with the concerned Police authority, Uttar Pradesh for seeking Action Taken Report. With the
intervention of Commission, police registered an FIR and filed the charge sheet before the Hon’ble
court. (Right to live with dignity)
6. The Commission had received a complaint regarding right to live with dignity. The matter was taken up
with the concerned Police authority, Agra, Uttar Pradesh seeking an Action Taken Report. With
intervention of the Commission, police registered an FIR u/s 323/506/324/325 IPC. The charge sheet
has been filled in the court. (Right to live with dignity)
7. The Commission had received a complaint pertaining to dowry death and police apathy. The complaint
was registered by father of Victim in which he also stated the inaction of police in the matter. The
Commission took up the matter with Superintendent of Police, Sambhal. Finally, police filed the charge
sheet before the Hon’ble Court under section 498A, 306 of IPC and 3/ 4 of Dowry Prohibition Act.
(Dowry Harassment/ Dowry Death)
8. The Commission had received a complaint pertaining to dowry death. The matter was taken up with the
concerned Police authority, Sambhal, Uttar Pradesh. With the intervention and regular supervision of

18
 Commission the police had registered FIR u/s 498 A, 304B IPC. The charge sheet had been filled in the
court. (Dowry Harassment/ Dowry Death)
9. The Commission had received a complaint pertaining to dowry death. The matter was taken up with the
concerned Police authority, Baduan, Uttar Pradesh. With timely intervention of the Commission, police
had registered an FIR u/s 498A/323/304B IPC r/w Sec 3 and 4 of Dowry Prohibition Act. The charge
sheet has been filled in the court.( Dowry Harassment/ Dowry Death)
10. The Commission had received a complaint regarding outraging modesty of the victim. The matter was
taken up with the concerned Police authority, Koderma, Jharkhand seeking an Action Taken Report.
With intervention of the Commission, police registered an FIR u/s 504. Now, the charge sheet had been
filled before the court. (Outraging modesty of Women)
11. The Commission had received a complaint regarding outraging the modesty of complainant. The matter
was taken up with the concerned Police authority seeking an Action Taken Report. With intervention of
the Commission, police registered an FIR U/s 354/354A/509 IPC & section 10, POSCO Act in the
matter. Due to coordinated efforts of the concerned counsellor section 376 IPC and section 6 POSCO
Act was also added. Finally, the charge sheet had been filled in the court. (Outraging modesty of
Women)
12. The Commission had received a complaint regarding sexual harassment. The matter was taken up with
the concerned Police authority, Etawah, Uttar Pradesh. Upon the coordinated efforts of the Commission,
police registered an FIR in the matter u/s 354/294/323/504/506 IPC. The charge sheet had now been
filled in the court. (Outraging modesty of Women)
13. The Commission had received a complaint pertaining to violence against women. The matter was taken
up with the concerned Police authority, Delhi seeking an Action Taken Report. With the intervention of
Commission, the police registered an FIR u/s 376(2)/506/34 IPC. The charge sheet was also filled in the
court. (Violence against Women)
14. The Commission had received a complaint regarding alleged violence against women. The matter was
taken up with the concerned Superintendent of Police, Varanasi, Uttar Pradesh for submitting an action
taken report. Under the supervision of the commission the police registered an FIR against the accused
under Section 509 IPC. The charge sheet was also filled before the court. (Violence against Women)
15. The Commission had received a complaint pertaining to violence against Women. The matter was taken
up with the Superintendent of Police, Hazaribagh, Jharkard and the Commission sought an Action
Taken Report in the matter. With timely intervention and regular supervision by the Commission, Police

19
 finally registered an FIR under section 363/366A/120B of IPC and subsequently filed the Charge Sheet
against the accused persons before the Hon, able Court. (violence against Women)
16. The Commission had received a complaint pertaining to non- registration of FIR by police. The matter
was taken up with the concerned SP Office, Nalgonda, Telangna for submitting an Action Taken Report.
With timely intervention of the Commission, police registered an FIR in the matter u/s 494/506 r/w 34
IPC & Sec. 9, 10 of Child Marriage Act, 2005. The charge sheet was filed before the court. (Police
apathy against Women)
17. The Commission received a complaint pertaining to domestic violence and inaction of police in the
matter. The Commission took cognizance of the matter and sought an action taken report from SP
Office, Ghaziabad, Uttar Pradesh, Finally, under the regular supervision of the Commission police filed
the Charge Sheet under section 498A/323/504/506 IPC and section 3 /4 of Dowry Prohibition Act
before the Hon’ble Court. (Police apathy against Women)

4.4 IMPORTANT COURT INTERVENTIONS - INQUIRIES

The National Commission for Women can and it has intervened in some important court matters.

1. BHATERI GANG RAPE CASE ( RAJASTHAN ) 23

The Commission suo moto took up the case of Ms. Bhanwari Devi and extended its full support in
going for appeal and also providing security to the victim and appointment of a special public
prosecutor to argue her case. Bhanwari Devi was a "Sathin" associated with WDP in Rajasthan who
was raped in retaliation for her intervention in a child marriage in September 22,1992.

2. CAPITAL PUNISHMENT/ DEATH PENALTY (RAMSHREE'S CASE) 24

Due to the timely intervention of the National Commission for Women in the Supreme Court, the
order of death sentence was temporarily stayed and the Hon'ble Court, later on commuted the death
sentence into life imprisonment.

23
Sohan Singh And Anr. vs State Of Rajasthan, 2003(1)WLC596
24
Ramshree Mahavir vs Girdharilal Bholanath Agarwal, (1970)11GLR971

20
3. OBSCENITY CASES

The Hon'ble High Court of Delhi put an injunction on the launching of +21 adult channel by the
Ministry of Information & Broadcasting, Govt. of India. The NCW had moved the Hon'ble High Court
of Delhi against Star TV, Zee TV, etc for showing obscene pictures on television and other media.

4. AGAINST OUT DATED CUSTOMS & TRADITIONS MAIMON BASKARI'S NUH

(HARYANA ) CASE

The NCW took up the case of Ms. Maimon Baskari who was allegedly a victim of torture and rape for
marrying a person of her choice. The Supreme Court has united the couple.

5. DIVORCED MUSLIM WOMEN'S ENTITLEMENT TO MAINTENANCE BEYOND THE

IDDAT PERIOD :

In the matter of Fakhruddin Mubarak Shaik Vs. Jaitunbi Mubarak Shaik 25, The NCW has intervened in
the Supreme Court of India to support the stand of Jaitunbi. The case is pending.

6. NCW FILES APPLICATION SEEKING REVIEW OF SC JUDGEMENT:

In the matter of Y Abraham Ajith Vs Inspector of Police , Chennai and Anr 26, The Supreme Court on
hearing the contention of the parties and examining the relevant Sections of the Cr. PC i.e. Section 177
ordinary places of inquiry and trial /section 178 places of inquiry and trial , Held that no part of cause
of action arose in Chennai and therefore, the magistrate at Chennai had no jurisdiction to deal with the
matter particularly when the alleged offences are not continuing offences and accordingly quashed the
proceedings with liberty to the complainant to file the complaint in the appropriate court.

The decision of the Supreme Court raises a relevant issue, particularly in cases of marital discords, as
to whether the case should be heard in the place of occurrence of the offence or where the women
erred against is residing. Ordinarily, matrimonial discords and animosity, leads to the wife being
forced to reside at the residence of her parents, which may be located at other place and unconnected
with the place of occurrence of alleged offences. Therefore in cases where the women is thrown out of
her matrimonial home and / or forced to reside with her parents at some other place, then the

25
Fakhruddin Mubarak shaik Vs. Jaitunbi Mubarak shaik, 2000 (1) Bom CR 696
26
2004 III AD (CRL) SC 468

21
 requirement that the complainant may file the complaint only at the place where the alleged offence
was committed, appears to be harsh and may also in cases subject her to insecurity besides the
unnecessary expenditure.

7. SUPREME COURT SEEKS NCW VIEWS ON COMPULSORY REGISTRATION OF

MARRIAGES

In the matter of Smt Seema Vs Ashwani Kumar27, the Hon’ble Supreme Court, issued notice to the
Commission, for placing its views on the registration of marriages and the proposed legislation
prepared by the commission. The commission filed its reply along with the draft law on compulsory
registration of marriages and the Hon’ble Court in its judgment dated 14th February 2006 observed
that “as rightly contended by the National Commission for Women, in most cases non registration of
marriages affects the women the most and directed the states and central government to initiate steps
including framing of the rules for registration of marriages“

27
Transfer petition (civil) No 291 of 2005

22
 PART 5
LIMITATIONS OF THE NATIONAL COMMISSION FOR WOMEN

The National Commission for Women (NCW) in India is an important body established with the aim of
safeguarding and promoting the rights and welfare of women in the country. However, despite its
significant role, there are several limitations that restrict its effectiveness in achieving its mandate. These
limitations are rooted in structural, financial, and operational constraints, which hinder the NCW from
fully addressing the pressing issues that women face, particularly in the rural and marginalized sectors.

One of the primary limitations of the National Commission for Women is its dependence on the Union
Government for financial resources. The commission’s financial assistance is often inadequate, which
significantly hampers its ability to conduct large-scale awareness programs or to execute comprehensive
legal and outreach initiatives aimed at improving the status of women. Without adequate funding, the
NCW struggles to raise awareness about women's rights and legal remedies, particularly in rural areas
where women often remain unaware of the legal protections available to them. This lack of resources also
impacts the NCW’s ability to launch and maintain programs that could effectively reach out to women
across India, especially those living in remote or underserved regions. 28

Another significant constraint faced by the NCW is the lack of autonomy in selecting its members. The
commission does not have the power to select its own members, a responsibility that lies with the Union
Government. This centralization of power limits the commission’s ability to choose individuals who are
deeply committed to women’s issues and who have the expertise and experience necessary to drive
meaningful change. The members of the NCW, being appointed by the government, may also be
influenced by political considerations, which can affect their ability to be impartial and objective in their
work. Ideally, an independent and well-represented commission would be able to function without
political interference, but the current structure often dilutes its capacity to take bold and independent
decisions that could directly benefit women. 29

Moreover, the commission’s role is advisory in nature, which significantly limits its influence in actual
legislative or policy-making processes. While the NCW has the power to recommend amendments to

28
Uday Shankar, “National Commission for Women: National Commission for Women”, available at:
https://www.academia.edu/31679002/National_Commission_for_Women_National_Commission_for_Women (last
accessed on Jan 14, 2025)
29
Ibid

23
existing laws and submit reports on women’s issues, its recommendations are not binding on the state or
Union Government. This advisory role restricts the commission from directly influencing the creation and
implementation of laws that could have a substantial impact on the welfare of women. The commission’s
reports, though valuable in raising awareness and drawing attention to critical issues, often lack the legal
enforceability needed to bring about immediate and substantive changes. As a result, women’s issues
continue to be sidelined or inadequately addressed by policymakers.

The National Commission for Women’s reactive approach to addressing women’s issues is another
limitation that impedes its effectiveness. The NCW typically intervenes in cases of violence,
discrimination, or exploitation of women only when these issues are brought to public attention or
reported to the commission. This reactive approach means that unreported cases of oppression and
suppression of women are often left unaddressed. Many women, particularly in rural and remote areas,
may lack the knowledge, resources, or courage to report cases of domestic violence, sexual harassment, or
other forms of gender-based violence. As a result, the NCW misses an opportunity to take preventive
measures or to intervene in such cases before they escalate. Additionally, the commission’s lack of
proactive engagement with rural communities leaves a gap in its ability to address the issues of women
who are the most vulnerable and who may not have access to the mechanisms that could bring their issues
to light.30

The rural sector, in particular, presents a significant challenge for the NCW. Despite the commission’s
efforts, there remains a lack of awareness about women's rights, education, opportunities, and basic
facilities for women’s economic empowerment in rural areas. Women in rural India face multiple layers
of discrimination due to socio-economic conditions, illiteracy, and limited access to resources. While the
NCW has made strides in addressing urban women’s concerns, rural women still face significant
challenges that the commission has not been able to fully address. These challenges include limited
access to healthcare, education, and employment opportunities, as well as the absence of essential
infrastructure such as clean water, sanitation, and safe transportation. Without adequate support, many
rural women continue to live in poverty and remain marginalized, unable to escape the cycle of economic
dependency and social exclusion.31

30
S. Atchaya, “A study on Women’s Right Under National Commission For Women In India”, 5 International
Journal of Research Publication and Reviews (2024)
31
Ibid

24
Furthermore, the NCW has also been criticized for its lack of outreach and collaboration with grassroots
organizations that work on women’s issues at the local level. Grassroots organizations often have a better
understanding of the specific challenges faced by women in different communities and are more adept at
reaching out to women in need. However, the NCW’s centralized structure and its reliance on formal
mechanisms often leave out these organizations, limiting its ability to engage directly with women in the
areas where they are most in need of support.

While the National Commission for Women has played an important role in advancing women’s rights in
India, its limitations are evident in several areas. These include inadequate financial resources, a lack of
autonomy in its structure and functioning, the limited scope of its advisory role, and its reactive approach
to addressing women’s issues. Additionally, the commission faces significant challenges in reaching out
to rural women, who continue to experience widespread discrimination and deprivation. To overcome
these limitations, there is a need for a more robust, independent, and well-funded commission that can
take proactive measures, engage with grassroots organizations, and drive policy reforms that can
effectively address the systemic barriers faced by women, particularly in rural and marginalized
communities. Only then can the NCW fulfill its mission of ensuring equality, justice, and empowerment
for all women in India.

25
 PART 6

CONCLUSION AND SUGGESTIONS

The National Commission for Women (NCW) has been a vital institution in India since its inception in
1992, with the primary objective of promoting and protecting the rights of women. As an autonomous
body, the commission was tasked with investigating complaints, reviewing laws, and recommending
necessary reforms to ensure gender equality. Its powers and functions, although significant in many
respects, have been subjected to criticism, particularly in terms of their effectiveness and the scope of
their impact. A critical analysis of the NCW’s powers, functions, and limitations reveals the challenges it
faces in achieving its mandate. In light of these challenges, several recommendations emerge for
strengthening the commission’s role in advancing the cause of women’s rights in India.

The NCW was established under the National Commission for Women Act, 1990, with the goal of
addressing the various issues faced by women in a patriarchal society, such as gender-based violence,
inequality in education, discrimination in the workplace, and the lack of basic legal protections. The
commission’s powers, as outlined in the Act, include the authority to investigate complaints of violations
of women’s rights, review existing laws affecting women, and recommend legislative changes.
Additionally, the NCW is empowered to advise the government on policy matters related to women and
to take suo-motu action in cases of gross violations of women’s rights. The commission is also tasked
with researching and publicizing issues related to women’s welfare, which it accomplishes through
reports and public outreach programs.

While the commission’s mandate is broad and its functions seemingly comprehensive, its powers are
primarily advisory and lack the force necessary to implement legal reforms or ensure accountability. One
of the key limitations of the NCW is that its recommendations are not binding on the government. While
the commission can propose amendments to laws and policies related to women’s rights, it has no power
to enforce these recommendations or compel the government to act upon them. This lack of binding
authority means that, despite the commission’s detailed reports and recommendations, many of the
changes it suggests are often ignored or delayed. For instance, while the NCW has consistently raised
issues such as the need for stronger laws on sexual harassment, domestic violence, and workplace
discrimination, the pace of legislative change remains slow, and the implementation of policies is often

26
inadequate. This advisory role weakens the NCW’s ability to bring about meaningful change, especially
in a country where policy implementation is often delayed or disregarded.

Another major limitation of the NCW’s powers lies in its inability to independently enforce laws or carry
out its recommendations. The commission does not have the legal authority to intervene in cases of
gender-based violence or other violations unless these cases are brought to its attention. This reactive
approach limits its ability to prevent violence or other forms of discrimination before they occur. The
NCW can investigate complaints and make recommendations, but it cannot take direct legal action or
provide real-time interventions in critical situations. This lack of enforcement powers leaves women
vulnerable to continued exploitation and abuse, especially when legal systems or local authorities are
unresponsive or biased.

Furthermore, the NCW is constrained by its lack of autonomy in terms of its composition and
functioning. The members of the commission, including the chairperson, are appointed by the Union
Government, which means that the body is subject to political influences. Critics argue that this system
dilutes the commission’s independence, as political considerations may play a role in the selection of
members, affecting the commission's ability to take impartial stances on women’s issues. Additionally,
the political nature of the appointments has led to concerns about the lack of consistency and continuity in
the commission’s efforts. A more transparent and independent process for selecting members, free from
political interference, could strengthen the credibility of the commission and enable it to function more
effectively.

Another significant limitation of the NCW is its limited outreach and impact in rural and remote areas.
Despite the commission’s efforts to address the concerns of women across the country, rural women
continue to face numerous challenges that are often overlooked. The NCW’s programs, though valuable,
are often centered around urban issues and are unable to address the unique needs of women in rural
areas, where social norms, access to education, healthcare, and economic opportunities are severely
limited. In rural areas, women often remain unaware of their rights and legal protections, and the NCW’s
efforts to spread awareness in these regions have not been as effective as they could be. The lack of
grassroots involvement and outreach mechanisms means that the most marginalized women continue to
face exploitation and violence without recourse to support or legal protection.

27
Additionally, financial constraints remain a significant barrier to the commission’s effectiveness. As a
government-funded body, the NCW has limited resources to carry out its functions and initiatives. This
financial dependence restricts the commission’s ability to conduct extensive research, run nationwide
awareness campaigns, or collaborate with grassroots organizations. Given the wide range of issues that
the commission is expected to address, a lack of adequate funding hinders its capacity to operate at the
scale required to bring about substantial change. The commission’s limited budget also affects its ability
to employ enough personnel and experts, which further restricts its capacity to undertake complex and
long-term projects.

Despite these limitations, there are several potential recommendations for improving the functioning of
the National Commission for Women. First, the NCW should be granted more robust enforcement powers
to ensure that its recommendations are not only heard but acted upon. Empowering the commission with
the authority to take legal action or issue directives would increase its influence and effectiveness. For
example, the commission could be given the authority to issue temporary protection orders in cases of
domestic violence or sexual harassment, ensuring that immediate action is taken in critical situations.

Second, the process for appointing members to the NCW should be reformed to ensure greater
independence and representation. The government should involve a wider range of stakeholders,
including women’s rights organizations, civil society groups, and experts in gender studies, in the
selection process. This would ensure that the commission is more representative of women’s diverse
experiences and needs and is less susceptible to political pressures. Furthermore, an independent selection
process would help create a more impartial and effective commission, capable of taking bold stands on
controversial issues and holding the government accountable.

Third, the commission should be empowered to take a more proactive approach to women’s issues,
particularly in rural and remote areas. The NCW should work more closely with local NGOs and
grassroots organizations to reach women who are unaware of their legal rights or who have limited access
to support services. By creating localized awareness programs and providing direct support to vulnerable
women, the commission could play a more active role in preventing violence and discrimination, rather
than merely reacting to complaints.

Fourth, adequate financial resources should be allocated to the NCW to ensure that it can carry out its
functions effectively. This includes funding for outreach programs, research initiatives, and collaborations

28
with local organizations. A dedicated budget for women’s empowerment initiatives would help the
commission expand its reach, particularly in underserved regions, and enable it to implement long-term
programs aimed at social change. Additionally, the NCW should be allowed greater flexibility in
managing its funds and implementing projects that are aligned with its objectives.

In conclusion, while the National Commission for Women has made significant strides in addressing
women’s issues in India, it continues to face substantial limitations in its powers, functions, and outreach.
The commission’s advisory role, lack of enforcement powers, political interference, and financial
constraints have hindered its ability to bring about meaningful change in the lives of women. To
overcome these limitations, the NCW must be granted greater autonomy, stronger enforcement powers,
and a more independent appointment process. By strengthening its financial resources and expanding its
outreach to rural and marginalized women, the NCW could become a more effective body in the fight for
gender equality and women’s empowerment in India. These reforms are essential to ensure that the NCW
fulfills its mandate of protecting and promoting the rights of women in a comprehensive and impactful
manner.

29
 BIBLIOGRAPHY

I. BOOKS
1. A. V. Dicey, Introduction to the Study of the Law of the Constitution (Macmillan, London, 9th
edn., 1952)
2. O. C. Sharma, Krishna Iyer’s Crimes Against Women: A Saga of Victimology sans Penology
(Ashish Publishing House, New Delhi, 1993)
3. Mamta Rao, Law Relating to Women and Children (Eastern Book Company, Lucknow, 3rd
edn., 2012)
4. P. K. Das, Protection of Women From Domestic Violence Act and Rules (Universal Law
Publishing Co. Pvt. Ltd., Delhi, 3rd edn., 2009)
5. Dr. Ishita Chatterjee, Gender Justice and Feminist Jurisprudence (Central Law Publications,
Allahabad, 1st edn., 2017)
6. Manjula Batra, Woman and Law and Law Relating to Children In India (Allahabad Law
Agency, Haryana, 1st edn., 2001)
II. JOURNALS/ARTICLES
1. Dr. K.B. Ojha, “An Analysis of Role of National Commission for Women Working In the
Field of Women Rights and Freedom”, 2 International Journal of Humanities and Social
Science Invention (2013)
2. SADHNA ARYA, “National Commission for Women: An Overview of Its Performance”, 48
Economic and Political Weekly (2013)
3. Gaurav Mohunta, “National Commission For Women : Its Role & Responsibility”, available
at: https://www.lawfinderlive.com/Articles-1/Article35.htm
4. Manpreet Kaur, “Role of the National Commission For Women”, available at:
https://www.researchgate.net/publication/371166615_Role_of_the_National_Commission_For
_Women
5. “Success Stories”, available at: http://ncw.nic.in/ncw-cells/complaint-investigation-
cell/success-stories
6. Uday Shankar, “National Commission for Women: National Commission for Women”,
availableat:
https://www.academia.edu/31679002/National_Commission_for_Women_National_Commissi
on_for_Women

30
 7. S. Atchaya, “A study on Women’s Right Under National Commission For Women In India”, 5
International Journal of Research Publication and Reviews (2024)
III. JUDICIAL DECISIONS
1. Madhu Kishwar v. State of Bihar, AIR 1996 SC 1864
2. Bradwell v. State of Illinois, 83 US 130 (1972)
3. Muller v. Oregan, 208 US 412
4. Hoyt v. Florida, 368 US 57 (1961)
5. Sohan Singh And Anr. vs State Of Rajasthan, 2003(1)WLC596
6. Ramshree Mahavir vs Girdharilal Bholanath Agarwal, (1970)11GLR971
7. Fakhruddin Mubarak shaik Vs. Jaitunbi Mubarak shaik, 2000 (1) Bom CR 696
8. Y Abraham Ajith Vs Inspector of Police , Chennai and Anr, 2004 III AD (CRL) SC 468
9. Smt. Seema v. Ashwani Kumari, Transfer petition (civil) No 291 of 2005
IV. Acts
The National Commission for Women Act, 1990

31