The National Commission for Women Act, 1990
The National Commission for Women Act, 1990
Background
Before 1990, there was no exclusive statutory body at the national level for women’s rights in India.
Although provisions like Articles 14, 15, and 16 of the Constitution guaranteed equality, women faced discrimination and violence without adequate institutional support.
To address this, Parliament enacted the National Commission for Women Act, 1990 (Act No. 20 of 1990), establishing the National Commission for Women (NCW) in January 1992.
Objectives of the Act
To review constitutional and legal safeguards for women.
To recommend remedial legislative measures.
To facilitate redressal of grievances of women.
To advise the Government on policy matters affecting women.
To ensure gender justice and effective implementation of laws.
Composition of the Commission
Under Section 3 of the Act:
Chairperson – to be nominated by the Central Government (an eminent woman committed to women’s causes).
Five Members – nominated by Central Government from different fields like law, administration, health, education, social work.
Member-Secretary – an officer experienced in the field of women’s welfare, law, or administration.
Powers and Functions of the NCW (Sections 10–16)
The Act gives the Commission both advisory and investigative powers:
Review Laws – Examine existing laws and suggest amendments to remove gender discrimination.
Investigate Complaints – Receive complaints regarding violation of women’s rights and take suo moto notice of issues like:
Deprivation of women’s rights
Non-implementation of laws
Non-compliance of policy decisions
Legal Reforms – Recommend new legislations to strengthen protection of women.
Research and Awareness – Conduct studies, promote educational research, and spread awareness about women’s rights.
Inspection Power – Inspect jails, remand homes, women’s institutions, and recommend remedial measures.
Special Studies – On problems of women in different sectors (working women, women in agriculture, women in prisons, etc.).
Intervention in Court – The Commission can finance litigation involving issues affecting a large body of women.
Quasi-Judicial Powers – For inquiries, the NCW has powers of a civil court under the Civil Procedure Code (summoning witnesses, receiving evidence, requisitioning records, etc.).
Limitations
The NCW is only recommendatory; it does not have binding authority like a court.
It depends on Central Government action to implement its recommendations.
Significance of the Act
Provided an institutional mechanism for women’s rights.
Helped in highlighting gender issues at the national level.
Influenced major legal reforms such as:
73rd and 74th Constitutional Amendments (reservation for women in local bodies).
Amendments in Dowry Prohibition Act, 1961.
Protection of Women from Domestic Violence Act, 2005.
Important Case Laws Related to NCW
Vishaka v. State of Rajasthan (1997, SC)
Though not directly under this Act, the NCW played an important role in framing guidelines against sexual harassment at workplace.
The Court relied on NCW’s reports and recommendations while laying down the Vishaka Guidelines, later codified in the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.
Delhi Domestic Working Women’s Forum v. Union of India (1995, SC)
The NCW intervened and recommended legal aid and compensation for rape victims.
This case emphasized victim support, influenced later reforms in criminal law.
National Commission for Women v. State of Delhi (2000, Delhi High Court)
The NCW filed a petition seeking proper investigation in the gangrape of a German woman in Delhi.
The Court recognized the NCW’s locus standi (legal standing) to approach courts in cases involving violation of women’s rights.
Laxmi v. Union of India (2014, SC – Acid Attack Case)
The NCW’s recommendations were taken into account in framing stricter rules for regulation of acid sales and rehabilitation of victims.
Conclusion
The National Commission for Women Act, 1990 was a landmark law that gave India its first statutory body for women’s rights.
Though its recommendations are not binding, its role in policy advocacy, legal reforms, and women’s rights awareness has been very significant.
The NCW, through this Act, became the voice of women at the national level, ensuring that issues of gender justice remain central to governance in India.
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