RGNULs National Seminar on Human Rights

AUTHORS BIOGRAPHY
Name
Course
University
Contact Number
Address
E-mail Id

: Hera Fatima
: B.A,L.L.B(Hons.)
: Faculty of Law, Jamia Millia Islamia, New Delhi.
: +919711522193
: 27, Begum Anis Kidwai Hostel, Hall of Girls Residence ,
Jamia Millia Islamia, New Delhi 110025
: herafatimanaqvi@gmail.com

Name
Course
University
Contact Number
Address
E-mail Id

: Urvi Saxena
: B.A,L.L.B(Hons.)
: Faculty of Law, Jamia Millia Islamia, New Delhi.
: +919899789950
: 602 / E 15-A, Ward 3, Mehrauli, ND-110030
: saxena.urvi27@gmail.com

THEME: Feminist critique of existing institutions for protection of rights of women and
children
ABSTRACT:
Writing feminist critiques is a task which is so abstract that the authors find themselves in
labyrinth. Feminism, unlike other ideology that shape rational acertance and sometimes
aggressive (quality that feminist regard vests on the masculine side of the duality principle),
thoughts. Feminism is an ideology which is fluid, plural and diverse rather than solid, unified
and monolithic body of thought. It probably is the most loosely woven doctrine. As this point
it would be a valid for the authors to ask themselves on what principles are they then basing
their critique on. It is safest to conclude that at the very least a feminist is someone who
holds that women suffers discrimination because of their sex, that they have specific needs
that remains negated and unsatisfied and that the satisfaction of these needs would require a
radical change in the social, economic and political order1. Though it is hardly possible to
specify a core of beliefs that one can call feminist, it is also true that there is hardly any
belief, policy, institution or idea that is not contested by feminist.
The authors present a feminist critique of The National Commission for Women in this paper.
In India the demand for a dedicated institution to address the issues of women first came up
when committee on status of women in India (CSWI) in its elaborate report brought forth the
failure of the government to ensure application of rights guaranteed by constitution to
women. However the period between 1970 (the time when the demands for NCW were first
raised) to 1990 was marked by emergence of womens group and vibrant proliferation of
1 Rosalind Delmar Oakley (1986)

Womens Movement. By the time the NCW was institute Womens Movement have moved
far ahead in its understanding of womens issue. The paper thus analysis how the NCW
which was created to voice these Movements grew aloof and at bay from them. The authors
further criticize the commission as an embroilment of patriarchal value. Finally the authors
venture to find a way out of the cul-de-sac that the commission has come to.

A FEMINIST CRITIQUE ON THE NATIONAL COMMISSION

FOR WOMEN
INTRODUCTION
Feminist struggle in India has seen a gradual but steady progress. Though feminist struggle
has been completely different in India than how it came about to be in the West, it has been
well theorised in the Indian perspective and has been sensitive to indigenous needs. Women
have been the Harijans of our society. With respect to every social index indicators viz. sex
ratio, literacy rates, per capita income, life expectancy, women have and still lag behind men
by substantive numbers2. Despite a longstanding and vigorous womens movement with
many achievements, patriarchy remains deeply entrenched in India, influencing political and
social institutions and determining opportunities available to women and men.3
Gender has been a central issue in India since the colonial encounter. An overwhelming
preoccupation with the womans question arose from the 19th century social reform
movement, crucially informed anti-colonial nationalism, and remains a point of crisis in
Indias cultural, social, and political space. The recognition of gender as an issue forms the
basis for Indias womens movement.
One prominent gender concern was status that is, the rewards and benefits that accrued to
women on Indias journey to self-determination, statehood, democracy, progress, modernity,
and development. In 1974 the Indian government published a report, Towards Equality, that
put status of women forcefully on the national agenda by arguing that the position of Indian
women had declined, not improved, since 1911 (Committee on the Status of Women 1974).
2 2011 census of India
3 April 2000, The World Bank, Development Research Group, Poverty Reduction and Economic
Management Network

As a result development and progress became gender issues. Data on gender discrimination in
employment, education, land distribution, inheritance, nutrition, and health became
impossible to overlook. The womens groups and organisations had captured the aspirations
of women of India and in order to channel that effort the demand for a national level was felt
inevitable.
Our society is a patriarchal society and the political class of India is an embodiment of
patriarchy. Hence an institution for women can never achieve its object of womens political,
social and economic emancipation unless it is divorced from political power.
The demand for a national institution was voiced with a lot of hope and expectations from
feminist groups in India. The National Commission for Women (NCW) set up in 1992 under
the National Commission for Women Act 1990 is not the answer to feminist struggle in India
because its fundamental drawback lies in its nexus with the political class of India which is
essentially patriarchal.
THE GENESIS OF THE NATIONAL COMMISSION FOR WOMEN: AN ANACHRONISM

If feminism is the awareness of womens oppression and exploitation in the society, then
womens movements signifies conscious action to change this situation. A conscious
awakening to patriarchal control in a society, to discrimination and misogyny at material and
ideological levels is as history substantiates, culminates into vibrant organised struggles by
women. The negotiation and conflict between patriarchy and the womens movement are
central to the constitution of a Nation.
Before the demand for the National commission for women came up for the first time in 1971
and even before it was established in 1990, India had been witnessing a plethora of womens
movements. These movements had been sprouting at grass root levels that feminists in India
today claim as their precursors. Some of the far reaching movements were the Anti-Alcohol
Agitation in parts of western India by the Self Employed Womens Association (SEWA) in
1974, The Stri Sangharsh formed in Delhi in 1979, campaigns against dowry (1980-1983),
Campaigns against domestic violence and rape (1987), establishment of Centre for Womens
Development Studies (1980), Agitaions in solidarity with Shah Bano and movements against
Muslim Womens Bill are some of the far reaching movements that decorated this period with
womens issues coming out to the forefront.

This period was also rich with regard to

4 http://www.outlookindia.com/article/History-of-Feminist-Movement-in-India/200428

feminist literature. There was increased support for women through counselling, awareness
programs, shelter homes and legal advice.
The CSWI report acted as a catalyst in spurring the demand for policy and action programs
from the government. Towards Equality gave fuel campaigns, womens groups and
coalition in diverse and unpredictable ways5 the report brought to light in an official form
the fact that the principal violator of womens rights is the Government itself which.
Facilitated by the report, the womens movement created the necessary pressure on the
Government to include in its policy making the needs and issues pertaining to women. It
pressed for the need for increased accountability from the government towards violation
carried out by the government under the garb of development and increased
bureaucratisation.
The CSWI report itself was prepared with constant cooperation and support of womens
groups. Vina Mazumdar, Member Secretary of the CSWI recalls that when she joined the
Committee, she began the process of denning her research methodology, creating
questionnaires that she sent to womens organisations across the country. These organisations
returned thousands of them which came in eight different languages.6
In this backdrop an autonomous institution was the need of the hour, one that would
consolidate the efforts of these scattered womens movements and more essentially move
forward from where these movements had left at the task of feministic awakening of the
country. The National Commission for Women far from answering this call, halted this
process of awakening happening in the intervening period of about two decades from 19701990s. The NCWs establishment was an anachronism in this period as womens movements
by this time had moved far ahead in understanding of womens issues. The Institution was
expected to be divorced from other mechanisms of the Government that claimed to be
working for the interests of women which though wearing a statutory character would be free
from the control of the government. However, the NCW instead perpetuated government
control and increased bureaucratisation both of which were identified as the major source of
oppression of women in India. In this sense the National Commission for Commission for
5 Gender and Neo-Liberalism: All India Democratic Womens Association and Globalisation Politics,
Elisabeth Armstrong, 2014
6 Gender and Neo-Liberalism: All India Democratic Womens Association and Globalisation Politics,
Elisabeth Armstrong, 2014

Women was a set back in the feminist struggle of India. It would not be an understatement to
comment that the Commissions establishment was regressive for the times to come.
THE STRUCTURE OF NCW: PROXIMITY TO POWER
When it comes to making a difference in the status of women, a feminist would never place
faith on the Centre of Political power to bring about this change. This is for the simple logical
reason that a politics is the embodiment of patriarchy. Among all superstructures of the
society starting from family, the community, religion, the Rulers represent the highest form of
discrimination. Hence an institution which is to work towards the emancipation of women
has to be free from political influence without which it is toothless and only ornamental.
When the demand for a Commission dedicated to the task of working towards the issues of
women arose, it was always intended to an autonomous. The CSWI report endorsed the
recommendation given by the UN Commission on the Status of Women in its 25 th report for a
statutory and autonomous Commission with a mandate to review, evaluate and recommend
measures and priorities to ensure equality between men and women in all sections of national
life. referring to the proposal for a Commission, report says, we have given Consideration
to this type at the State and National levels. We also believe it was imperative for such
commission to have certain recommendatory powers as well as statutory autonomous status if
they are to be effective in their functions.7
The NCWs structure is a top down institution with Central Government at its nodal point.
The power trickles from the centres of political power and the women are the last ones to
receive it. It may also be seen as a core and periphery structure where the political power
dissipates from the core and women have been pushed to the periphery who are the last ones
to receive the benefits of the its actions. Hence the Commission puts women as the ends of
welfare and not the means. Women become the targets and not the participants in the decision
making.
A simple perusal of the National Commission for Women Act tells us that the NCW is not an
autonomous body. The chairperson and members of the Commission are nominated by the
Central Government.8 The Act is silent on the procedure of appointment. One would have
expected that the appointment procedure would if not wholly independent of political

7 CSWI Report p. 353

influence, to be atleast be similar to appointment procedure of the NHRC 9 chairperson and

members. None of the governments have accepted the repeated demand of womens groups
that the selection of Chairperson and members should be from a panel prepared in
consultation with womens groups. Even the NCW itself made a subtle recommendation in
amendment of the provision of S3(1) of the 1990 Act by inserting after the words the
Central Government the words in consultation with the Chairperson, 10 , but even this
concession could not be accepted by the governments.
With such an appointment procedure, political considerations are bound to seep in. it has
been time after time seen that NCW Chairpersons change with change in the Government and
their loyalties, not surprisingly enough, can be easily traced to the party in the Centre. The
seats of members have become parks of political nepotism and as a result it has been noted
that people who havent had any experience in field of working with womens struggle have
been appointed as Chairpersons.
While the commission has made efforts to involve women's groups in its work, the method
has been ad hoc and half-hearted. There have been repeated complaints from the women's
groups over the manner of calling meeting to discuss important issues when either the
relevant papers were not available or the notices reach them only after the meetings had
already taken place or the opinions of women's groups were not heeded to while sending
recommendations to the government or such recommendations of government were accepted
that go against the interests of women. 11

8 S3(1) Constitution of the National Commission for Women- The Central Government shall
constitute a body to be known as the National Commission for Women to exercise the powers
conferred on, and to perform the functions assigned to it under this Act.
9 consists of a panel headed by the Prime Minister, the Chief Justice of India and the Leader of
Opposition
10 Review of Laws and Legislative Measures Affecting Women by National Commission for
Women, No. 21, The National Commission for Women Act 1990
11 Refer to letters dated 23rd March 1993, 15th February 1994, 17th March 1999, 5th May 1999 to
the Chairperson of the Commission by women's Organisations, (AIDWA and NFIW Files) A number
of letters written to the Commission in the process of consultations on The Bill on Sexual Harassment
at the Workplace, (Saheli Files).

The control of Government in appointment procedure has affected the very purpose for which
the Commission was envisioned which was to act as a watchdog against discriminatory
policies and actions of the Government towards women. Both the recommendatory function
and autonomy of the Commission has been impinged upon.
The proximity of the Commission to political power has kept any ground breaking change in
the status of women to come about. The best example to substantiate this is the
Representation of Womens Bill which is yet to see the light of day in the Parliament.
In cases where violence on women and other human rights violations are carried out on
women which are state sponsored, the silence of the NCW is deafening. In this regard the
NCWs report on the 2002n Gujarat riots was widely criticised by womens groups. The
NCW in its report consciously refused to criticise the State Governments passivity when
crimes on women when on large scale unleashed on women of a particular community. The
report also failed to recognise those crimes as crimes of hatred and misogyny and rather
navely reported them only as mere incidents of sexual violence. The report was silent on the
role of the State in support to large scale violence.12
Another instance where action against State sponsored violence against women is required
and the NCWs efforts in that regard have seemed to be ineffective is the impact of conflicts
in states which are under AFSPA. Though the National Commission for Women Act 1990
does not extend to the Sate of Jammu and Kashmir, the north eastern States of Nagaland and
Tripura comes well under the 1990 Act. The Armed Forces (Special Powers) Act (AFSPA),
which provides immunity to Indias soldiers for acts committed in the line of duty, has been
under fire for years. Critics say that the law allows security forces to get away with no end of
brutality. While the government occasionally mulls repealing the act, without following up on
it, one issue has been receiving a lot of attention in recent months the way soldiers who
commit violence against women also manage to hide behind its protective clauses. Justice
J.S. Verma Committee looking into legal reforms related to violence against women called for
a review of the AFSPA. It noted that impunity for systematic or isolated sexual violence in
the process of internal security duties is being legitimised by the AFSPA and women in
conflict areas are entitled to all the security and dignity that is afforded to citizens in any

12 The Report of the National Commission for Women on the Status of Women and Children in
Gujrat

other part of our country.13 Though the Commission has acknowledged the effect of armed
conflict on women and that the State Government has chosen to look the other way

14

yet it

has not been able to push any reform.

INTERNATIONAL STANDARDS: THE PEFERABLE OUTLOOK
International law, prior to the emergence of Feminism was indefinite with regard to womens
rights, thus far largely resisting feminist analysis on any concerned issue. The assertion
behind it was; the concerns of public international law do not, at first sight, have any
particular impact on women: issues of sovereignty, territory, use of force and state
responsibility, for example, appear gender free in their application to the abstract entities of
states15. Only where international law is considered directly relevant to individuals, as with
human rights law, have some specifically feminist perspectives on international law begun to
be developed16. Feminist Movement positioned gender and womens issue beyond academe
and as a recurring item on international and political agenda. Thus, feminist confrontation
with International Law constituted a factual ascendency in international human rights,
criminal law and in standardizing good governance.

The United Nations has played a predominant role in the proliferation of womens right and
has pledged to promote equality and non-discrimination throughout the world 17. The United
Nations Charter (1945), Universal Declaration of Human Rights (1948), International
Convention on Economic, Social and Cultural Rights (1966) and International Convention on
13 The Telegraph Report, June 19, 2013
14 Study conducted by Centre for North East Study and Policy Research (C-NES) on request of the
NCW: Impact of Conflict on Women in the states of Nagaland and Tripura (Order no. 16[43]/2003NCW/4754 dt. Sept.11, 2003).
15 Hilary Charlesworth, Christine Chinkin and Shelley Wright, 'Feminist Approaches to International
Law' [ Vol. 85, No. 4 (Oct., 1991)] The American Journal of International Law 613-645.
16 Holmes, A Feminist Analysis of the Universal Declaration of Human Rights, in BEYOND
DOMINATION: NEW PERSPECTIVES ON WOMEN AND PHILOSOPHY 250 (C. Gould ed.
1983).
17 U.N. Charter art. 1, para. 3.

Civil and Political Rights (1966) and paramount instrumentalities for fortification and
advocating for the same. In addition, the Convention on the Elimination of All Forms of
Discrimination against Women (1979), plus an Optional Protocol and the Convention on the
Rights of the Child (1989) has also aided the agenda.
Separate focus on women in configuration of Women's Convention, Conferences and
Declaration by international institutions proved propitious. Issues of distinct concern to
women (for example, trafficking in women and prostitution) 18 and to the fact that not all
women have the same problems (for example, rural women have special needs) 19 was brought
under observation. The U.N. has sponsored periodic world conferences that identify issues
and develop strategies to improve the status of women on world-wide basis.
In 1979, the General Assembly adopted the comprehensive Convention on the Elimination of
all Forms of Discrimination Against Women (CEDAW) 20, often called the International Bill
of Rights for Women21. The Convention defines gender discrimination as any distinction,
exclusion or restriction made on the basis of sex which has the effect or purpose of impairing
or nullifying the recognition, enjoyment or exercise by women . . . of human rights and
fundamental freedoms in the political, economic, social, cultural, civil or any other field22.
From its inception, the United Nations has been in the forefront of advancing womens legal
rights through the development of norms relating to gender equality23. Although both the
U.N. Charter and the UDHR speak in terms of equal rights for men and women, a special
commission was proposed to implement this guarantee24.

18 GA Res. 34/180 (Dec. 18, 1979) (entered into force Sept. 3, 1981). See also Declaration on the
Elimination of Discrimination against Women, GA Res. 2263 (XXII) (Nov. 7, 1967), Art 6.
19 Ibid, Art 14.
20 Convention on the Elimination of all Forms of Discrimination against Women, Dec. 18, 1979,
1249 U.N.T.S. 13 [hereinafter CEDAW].
21 Overview of the Convention, UNITED NATIONS,(2009),
http://www.un.org/womenwatch/daw/cedaw/
22 CEDAW, art. 1.
23 Global Issues: Women, UNITED NATIONS, www.un.org/en/globalissues/women/ (last visited
Jan.4, 2015)

The Commission On The Status Of Women

The Commission on the Status of Women (CSW) was established by the U.N. and continues
to be the principle global policy body dedicated exclusively to gender equality and the
advancement of women25.The utilitarian commission of the United Nations Economic and
Social Council(ECOSOC),evaluates advancement on gender equality, identify obstacles,
prescribe global standards and devise concrete policies to propagate gender equality and
advancement of women worldwide. UN agencies earnestly follow their mandates to bring
women into progressive approaches, programs and conferences. They participate at the
prepcoms, design strategy, hold caucus meetings, network about the various agenda items
being negotiated in the different committees, and work as informed lobbyists at the
conferences themselves. The CSW is one of the commissions of the UN that do not limit
participation to states only. For example, NGOs are also allowed to participate in sessions of
the CSW, attending caucuses and panels and organizing their own parallel events through the
NGO Committee on the Status of Women, NY (NGO CSW/NY)26. This is particularly
important for contested territories such as Taiwan, which is not a member of the UN. Among
its activities, the CSW drafted several conventions and declarations, including the Declaration
on the Elimination of Discrimination against Women in 1967 and women-focused agencies
such as UNIFEM and INSTRAW.

UN Women

The United Nations Entity for Gender Equality and the Empowerment of Women, also
known as UN Women, was created by the United Nations General as an operational entity for
the empowerment of women, bringing together resources and mandates for reformation. It
merges and builds on the important work of four previously distinct parts of the UN system,
which focused exclusively on gender equality and womens empowerment27:
24 Mary Ann Glendon, The Rule of Law in the Universal Declaration of Human Rights, 2 N.W. U. J.
INTL HUM. RTS. 5, 3 (2004),
25Commission on the Status of Women: Overview, UNITED NATIONS, http://www
.un.org/womenwatch/daw/csw/ (last visited Jan. 4, 2015) (noting that the CSW is dedicated
exclusively to gender equality and advancement of women).
26 UN Commission on the Status of Women, Fifty-first session. Accessed on December 16, 2014.
27 http://www.unwomen.org/en/about-us/about-un-women (Accessed on January 4,2015)

The mandate and functions of UN Women consist of the consolidated mandates and functions
of the Office of the Special Adviser on Gender Issues and Advancement of Women, the
Division for the Advancement of Women, the United Nations Development Fund for Women
and the International Research and Training Institute for the Advancement of Women. In
addition, the entity must lead, coordinate and promote the accountability of the United
Nations system in its work on gender equality and women's empowerment. The goal of UN
Women is to enhance, not replace, the efforts by other parts of the UN system such
as UNICEF, UNDP, and UNFPA, all of which will continue to work for gender equality and
womens empowerment in their areas of expertise28.
In accordance with the provisions of resolution 64/289, UN Women will work within the
framework of the Charter of the United Nations, the Beijing Declaration and Platform for
Action including its 12 critical areas of concern and the outcome of the twenty-third special
session of the General Assembly as well as other applicable United Nations instruments,
standards and resolutions that address gender equality and the empowerment and
advancement of women29.
In late 2013, a series of ads, developed as a creative idea for UN Women by Memac Ogilvy &
Mather Dubai, used genuine Google searches to reveal the widespread prevalence of sexism
and discrimination against women30 A similar campaign was also run to raise awareness
for gay rights31.
Also in late 2013, UN Women launched a constitutional database that examines constitutions
through a gender lens. The first of its kind, this database maps the principles and rules that
guarantee, deny, or protect the rights of women and girls around the world. This tool for
gender equality and human rights activists is annually updated and searchable, and provides a
28 http://www.unwomen.org/en/news/stories/2013/7/phumzile-mlambo-ngcuka-appointed-as-newun-women-executive-director
29. http://www.un.org/ga/search/view_doc.asp?symbol=A/RES/64/289". United Nations General
Assembly. 2010-07-21. (Accessed on January 4,2015)
30 http://www.unwomen.org/en/news/stories/2013/10/women-should-ads, (Accessed on January
4,2015)
31 http://www.huffingtonpost.com/charles-radcliffe/google-auto-complete-gays_b_4153399.html?
ir=India, (Accessed on January 4,2015)

comprehensive overview of the current status of provisions relevant to women's

rights and gender equality across various countries throughout the world. Users can search
though the database by keyword, and legal provisions are grouped into 16 categories that
were carefully defined by reviewing the constitutions from a human rights perspective 32.
HeForShe is a solidarity campaign for gender equality initiated by UN Women. It aims to
engage men and boys as agents of change for the achievement of gender equality
and womens rights, by encouraging them to take action against inequalities faced by women
and girls33.
At international level, understanding the prerequisites of womens right various successful
implementations measures was adopted. These measures are approximately successful in
proliferation of womens rights; promote equality and non-discrimination throughout the
world. The National Commission for Women success rate is moderate and uninspiring. The
Commission taking cognisance of the work done at international level should form strategies
and develop schemes for protect and promote womens right.
CONCLUSION
In the 1970s Womens issues were vehemently raised. The decade that followed witnessed a
proliferation of Womens Movements, Groups and organisation. This period coincided with
International Womens Decade (1975-1985). The Committee on Status of Women brought to
light the abysmal conditions of women in 1974. These Womens movements had gained a
popular base among oppressed classes of women and had successfully identified the areas
requiring attention of the government. While these movements were successfully able to put
womens issues in political context and pull them out of welfaristic politics, they were
scattered and a need was felt to consolidate their efforts. Hence demand for a National
Commission for Women was made by womens organisations and was also recommended in
the CSWI report.The Creation of the Commission came so late (1992) that it put the womens
organisations efforts in the previous decade at a back seat.
32 http://www.unwomen.org/en/news/stories/2013/12/un-women-launches-firstever-databasemapping-gender-provisions-in-constitutions-worldwide, UN Women, December 13, 2013
33 UN Women (22 September 2014). "Press release: UN Women Goodwill Ambassador Emma
Watson calls out to men and boys to join HeForShe campaign". UN Women. Retrieved 22
September 2014.

The Commission has no palpable legislative powers. It only has the power of
recommendation to amendments and submits reports which are not binding on state or Union
Governments. The power to select the members of the commission vests with the Union
Government and in Indias unpredictable political scenario the Commission may be
politicized. Further, the Commission is dependent on grants from the Union Government for
its financial functioning which compromises the independence of the Commission.The
Commissions jurisdiction is not operative in Jammu and Kashmir and considering the
present political unrest and human rights violations in the region, the Commissions presence
there is vital. Shortcomings in the functioning of the Commission which, if resolved, would
lead to a more efficient and productive Commission.
A TOI report34 said, "A Commonwealth Human Rights Initiative (CHRI) analysis of reported
rape cases between 2001 and 2013 shows 2,64,130 rapes were reported in 28 states during the
13-year period - an average of almost 56 incidents of rape per day. In the seven UTs, the
average is almost two rapes per day. However, Delhi alone accounted for 8,060 reported
incidents during this period. While 16,075 cases of rape were reported in 2001 across all
states and UTs, in 2013, the figure stood at 33,707 - indicating an increase of 52.30%." With
the rising crime against women in our country, the spineless body has failed to break the ice
and has not done anything in this regard. The proposed amendments to NCW Act The women
and child development (WCD) minister, Maneka Gandhi wants to give teeth to the
commission and make it at par with the National Human Rights Commission (NHRC) and
thus has proposed various amendments to the NCW Act which are as follows 35: It says that a
committee headed by the Prime Minister should select the chairperson of the commission
rather than the WCD minister doing it. Only a retired judge of the Supreme Court or a retired
chief justice of the High Court should be appointed as chairpersons of the NCW. Currently, a
34 Himanshi Dhawan, 'One rape every 30 minutes in India' ( Jul 28, 2014)
<http://timesofindia.indiatimes.com/india/One-rape-every-30-minutes-inIndia/articleshow/39128982.cms> accessed 22 September 2014
35 Reetu Sharma, 'Time to give more teeth to spineless National Commission for
Women Read more at: http://www.oneindia.com/feature/time-give-more-teethspineless-national-commission-women-1491496.html' (oneindia.com July 28,
2014 Read more at: http://www.oneindia.com/feature/time-give-more-teethspineless-national-commission-women-1491496.html)
<http://www.oneindia.com/feature/time-give-more-teeth-spineless-nationalcommission-women-1491496.html> accessed 1 January 2015

person who committed to the cause of women and is nominated by the Centre is appointed as
chairperson by the WCD minister. It has proposed elevation of NCW to the status of a civil
court and says that its jurisdiction should also cover Jammu and Kashmir. After getting such
status, every proceeding before the commission will get the status of a judicial proceeding.
This will also empower the body to issue arrest warrants if the summons are not heeded to.
"The commission will be given the power to order arrest and if a person who has been
summoned fails to turn up. It can also impose a penalty of up to 5,000 for every incidence of
default," said a source. Presently, since the NCW does not have the power to penalize, more
often than not, those summoned fail to turn up to attend the commission's hearings. To depoliticise the NCW and to make it more powerful, the above moves are being made so that
they can address the real cause and help to solve them.36 The commission has not really been
active in taking up matters, rather they choose arbitrary issues like the recent Preity ZintaNess Wadia controversy and just do the lip service by saying that strict action must be taken
against the accused. It never raised its voice on serious matters like women's safety too.

The National Commission for Women (NCW) is responsible for and answerable to 50 per
cent of the Indian population. But the ground reality is that its role is limited merely to
reactive interventions. A high-level committee on status of women had earlier said, "Role of
the National Commission for Women must go beyond reactive interventions to fulfil the
proactive mandate of studying, recommending and influencing policies, laws, programmes
and budgets to ensure full benefits to the stakeholders. More over its not only the duty of the
state but also its the duty of the citizens as a whole to look into if such miss conducts in out
society is taking place or not. There should me more public awareness and participation for
the women oppression so as make the work of the National Commission for Women more
justifiable37.

36 Ibid.
37 Ibid.