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(RASHTRIYA MAHILA AYOG)

NATIONAL COMMISSION FOR WOMEN

INDIA

Area 32,87,263, Sq.Km

No. of States 26

No. of Union Territories 6

No. of Districts 520

No. of Villages 5.7 lakhs

Population (1991 cencus) 84.63 Crores

Female 40.71 Crores

Male 43.92 Crores

Sex ratio 927

Population Projected (2001) 101 Crores

Major Indian Languages 15

Official Language Hindi

Literacy rate (1991) 52 Per cent

Female Literacy 39 Per cent

January,2000

 

NATIONAL COMMISSION FOR WOMEN

The National Commission for Women was set up as a statutory body in January 1992 under The National Commission for Women Act, 1990, (Act No.20 of 1990) of Govt. of India, to review the Constitutional and legal safeguards for women, recommend remedial legislative measures, facilitate redressal of grievances and advise the Government on all policy matters affecting women.

The mandate of the Commission : Section 10 of the Act

(1) (a) investigate and examine all matters relating to the safeguards provided for women under the Constitution and other laws;

(b) present to the Central Government, annually and at such other times as the Commission may deem fit, reprots upon the working of those safeguards;

(c) make in such reports recommendations for the effective implementation of those safeguards for improving the conditions of women by the Union or any State;

(d) review, from time to time, the existing provisions of the Constitution and other laws affecting women and recommend amendments thereto so as to suggest remedial legislative measures to meet any lacunae, inadequacies or shortcomings in such legislations;

(e) take up the cases of violation of the provisions of the Constitution and of other laws relating to women with the appropriate authorities;

(f) look into complaints and take suo moto notice of matters relating to :-

(i) deprivation of women’s rights;

(ii) non-implementation of laws enacted to provide protection to women and also to achieve the objective of equality and development;

(iii) non-compliance of policy decisions, guidelines or instructions aimed at mitigating hardships and ensuring welfare and providing relief to women, and take up the issues arising out of such matters with appropriate authorities;

(g) call for special studies or investigations into specific problems or situations arising out of discrimination and atrocities against women and identify the constraints so as to recommend strategies for their removal;

(h) undertake 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, such as, loack of access to housing and basic services, inadequate support services and technologies for reducing drudgery and occupational health hazards and for increasing their productivity;

(i) participate and advise on the planning process of socio-economic development of women;

(j) evaluate the progress of the development of women under the Union and any State;

(k) inspect or cause to be inspected a jail, remand home, women’s institution or other place of custody where women are kept as prisoners or otherwise, and take up with the concerned authorities for remedial action, if found necessary;

(l) fund litigation involving issues affecting a large body of women;

(m) make periodical reports to the Government on any matter pertaining to women and in particular various difficulties under which women toil;

(n) any other matter which may be referred to it by the Central Government.

(2) The Central Government shall cause all the reports referred to in clause (b) of sub-section (1) to be laid before each House of Parliament along with a memorandum explaining the action taken or proposed to be taken on the recommendations relating to the Union and the reasons for the non-acceptance, if any, of any of such recommendations.

(3) Where any such report or any part thereof relates to any matter with which any State Government is concerned, the Commission shall forward a copy of such report or part to such State Government who shall cause it to be laid before the Legislature of the State along with a memorandum explaining the action taken or proposed to be taken on the recommendations relating to the State and the reasons for the non-acceptance, if any, of any of such recommendations.

(4) The Commission shall, while investigating any matter referred to in clause (a) or sub-clause (i) of clause (f) of sub-section (1), have all the powers of a civil court trying a suit and, in particular, in respect of the following matters namely:-

(a) summoning and enforcing the attendance of any person from any part of India and examining him on oath; (b) requiring the discovery and production of any document; (c) receiving evidence on affidavits; (d) requisitioning any public record or copy thereof from any court or office; (e) issuing commissions for the examination of witnesses and documents; and (f) any other matter which may be prescribed.

REACHING OUT

COMPLAINTS AND COUNSELLING UNIT

The cell is the "Core" unit of the Commission and processes the complaints received oral, written or suo moto under Section 10 of the NCW Act.

The complaints received relate to domestic violence, harassment, dowry, torture, desertion, bigamy, rape, refusal to register FIR, cruelty by husband, deprivation, gender discrimination and sexual harassment at work place. During 1999, the Commission received 4329 complaints related to above types of crimes against women.

The Complaints are tackled as below :

  • Investigations by the police are expedited and monitored.
  • Disaggregated data is made available to various state authorities to facilitate action.
  • Family disputes are resolved or compromised through counselling.
  • As per the 1997 Supreme Court Judgement on Sexual Harassment at Workplace, (Vishakha Vs.State of Rajasthan) every employer is required to provide for effective complaints procedure and remedies harassment complaints, the concerned organisations are urged to expedite cases and the disposal is watched.
  • For serious crimes, the Commission constitutes an Inquiry Committee which makes spot enquiries, examines various witnesses, collects evidence and submits the report with recommendations. The implementation of the report is monitored by the NCW.

State Commission, NGOs and other experts are involved in these efforts.

Between July to December, 1999, the Commission received complaints: Dowry Death - 232, Rape - 93, Murder - 69, Harassment - 591, Property disputes - 132, Desertion - 66, Kidnapping - 36.

This gives us the trend of crimes against women and suggests systemic changes needed for reduction in crimes.

The complaints are analysed to understand the gaps in routine functioning of government in tackling violence against women and to suggest correctional measures.

The complaints are also used as case studies for sensitization programmes for the police, judiciary, prosecutors, forensic scientists, defence lawyers and other administratives functionaries.

EXPERT COMMITTEES (Section 8 (1))

The Commission constitutes Expert Committees for dealing with such special issues as may be taken up by the Commission from time to time. The Expert Committees established so far are for :-

Law and legislation, Political empowerment, Custodial justice for women, Social security, Panchayat Raj, Women and Media, Development of Scheduled Tribe Women, Development of Women of weaker section, Development of women of minority communities, Transfer of technology in agriculture for development of women.

NETWORKING

Women’s movement in the country was brought to the fore front by the efforts of NGOs. The Commission interacts and networks with NGOs and the State Commissions for ensuring gender equality and empowerment of women. The Commission also interacts with media, social activists and Academician to suggest ways of ensuring due representation of women in all spheres.

STATE VISITS

The Commission undertakes state visits to evaluate the progress of development of women in the States. It has covered the States of Tamil Nadu, Andhra Pradesh, Rajasthan, Uttar Pradesh, Orissa, Sikkim, Madhya Pradesh, Assam, Tripura, Manipur.

During the visits, discussions are held with Chief Minister, Women and Child Development Minister Chief Secretary,Home Secretary and the Secretaries of other departments.

 

SEMINARS, WORKSHOPS AND CONFERENCES

The Commission conducts seminars, workshops and conferences and sponsors such events by providing financial assistance to research organisations and NGOs. The important areas so far covered include violence against women, sexual exploitation of women at work place, educational, health and employment aspects, women in agriculture sector, women in Panchayat Raj, Custodial justice, mental health institution etc.

PUBLIC HEARINGS

NCW holds public hearings on issues affecting large section of women such as crime against women, women in unorganised labour sector women in agriculture and women of minority groups. The deposition at these enquiries helps in appreciating the problems and initiating remedial action.

LEGAL AMENDMENTS/BILLS PROPOSED

Amendments to:

- Criminal Procedure Code, 1973.

- Amendments : Section-26, 54, 157, 160, 167, 173, 198, 309, 327, 437

- Insertion : Section 25A

- Indian Penal Code, 1860.

- Amendments : Section - 354, 359, 361, 363, 373, 375, 376

377, 509.

- Insertion : Section - 166A, 362A, 373A, 376E to 376G,

- Indian Evidence Act, 1872

Amendments : Section 54, 155

Delete : Section 155(4)

Insertion : Section 114B

- Dowry Prohibition Act, 1961

- Commission of Sati (Prevention) Act, 1987.

- Hindu Marriage Act, 1955.

- Child Marriage Restraint Act, 1929.

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

- Immoral Traffic (Prevention) Act, 1956 (for elimination of child prostitution and devising a comprehensive package for rehabilitation)

- Medical Termination of Pregnancy Act, 1971.

- Family Courts Act, 1984.

- Foreign Marriage Act, 1969.

- Guardians and Wards Act, 1890.

- Indian Succession Act, 1925.

- Representation of People’s Act, 1951

Bills

- The Marriage Bill, 1994.

- The Domestic Violence to Women (Prevention) Bill, 1994.

- The Orphan & Destitute Children (Adoption) Bill, 1994.

- The Criminal Laws (Amendment) Bill, 1994.

( with reference to child rape)

- The Criminal Laws (Amendment) Ordinance, 1996.

- The Prevention of Barbarous and Beastly cruelty against Women Bill, 1995.

- The Constitution Amendment Bill, 1996.

 

Important Court Interventions

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

  1. Bhateri gang rape case( Rajasthan): 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 special public prosecutor to argue her case.
  2. Capital Punishment/Death Penalty (Ramshree’s case): The timely intervention of National Commission for Women in the Supreme Court, the order of death sentence was temporarily stayed and Hon’ble Court, later on commuted the death sentence into life imprisonment.
  3. Obscenity cases:

1. The Hon’ble High Court of Delhi put an injuction on the launching of the +21 audlt channel by the Ministry of Information & Broadcasting, Govt. of India.

2. The NCW had moved to 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, the NCW has intervened in the Supreme Court of India to support the stand of Jaitunbi. The case is pending.

 

PARIVARIK MAHILA LOK ADALAT(PMLA)

An informal Justice Delivery System

The National Commission for Women has evolved an innovative concept of PMLA for redressal and speedy disposal of cases under Legal Service Authority Act, 1987, which has its roots in the traditional Nyaya Panchayats. The essential features of PMLA are amicable mutual settlement and flexibility in functioning. The NGOs in association with District Legal Aid and Advise Boards, activists, advocates and others organise Parivarik Mahila Lok Adalat with the Commission’s financial assistance. So far, 130 PMLAs have been held in which about 7500 cases were taken up.

LEGAL AWARENESS PROGRAMME

The National Commission for Women regularly extends financial support to NGOs and educational institutions to conduct Legal Awareness Programmes to enable women and girls to know their legal rights, to understand the procedure and method of access to the legal systems. So far 55 Legal Awareness Programmes have been conducted.

MANGALAM : A succesful example of NCW’s legal awareness programme on the theme of "justice delivery by women for women" in Pondicherry.

RESEARCH STUDIES SPONSORED : Social Mobilisation, maintenance and divorcee women, panchayat raj in action, women labour-under contract, gender bias in judicial decisions, family courts, gender-component in the various Commissions’ reports, for women, violence against women, women’ access to health and education in slums etc. to help in formulation of NCW’s policies for recommendations.

 

LIBRARY AND PUBLICATIONS

The Commission’s Library has now become a resource centre for research scholars/activists. There are about 2250 books in the library. It subscribes 25 daily newspapers in different languages and 35 periodicals/professional journals. The Library has a regular system of documenting newspaper clippings on women’s issues.

The Commission regularly brings out a monthly newsletter "Rashtra Mahila" in Hindi and English.

KEY PUBLICATIONS :(2269)

  • Impact of Maintenance Law with special reference to Kerala state
  • The Role of Women Members in Panchayati Raj - experience in West Bengal.
  • Gender Component in various Commissions, Report by NLSU Bangalore.
  • Women Prisoners in Indian Jails
  • Development of Health facilities among Scheduled Tribe Women
  • Report on National Debate on Codification of Criminal Laws Pertaining to women.
  • Justice Delivery through Family Courts
  • The Gender Issues and Books in India
  • Reaching Out - Proceedings of Conference and seminars July, 1996.
  • The Velvet Blouse : Sexual Exploitation of Children
  • Knocking at the male Bastion - women in Politics
  • NCW’s Review of Laws : Amendments and New Bills
  • For Women to lead .. Ideas and Experiences from Asia.
  • Report on Tribal Women & Employment
  • Code of Conduct on Sexual Harassment
  • Manual of Mental Health Care for women in Custody.
  • A Study of Mentally Disabled Women
  • Project Mangalam - Justice Delivery by Women for Women.

HIGHLIGHTS - 1999

  • Organised mass rally in Association with Indian Medical Association and UNICEF to generate awareness against the practice of Female Foeticide.
  • Surveyed and assessed the disaster of supercyclone in Orissa. Collected and distributed about ten truck loads of useful relief material such as clothes, blankets, utensils, medicines and non-perishable items. Initiated follow up programme with NGOs.
  • Collaborated with the Guild of Service, New Delhi to mobilise a nation wide millennium campaign for women called PEACE, i.e. Peace for Empowerment and Call for Equity.
  • Intensified lobbying to expedite the passage of the Women’s Reservation Bill pending in Parliament.
  • The Commission’s teams visited different parts of the country and enquired into specific incidents e.g. sexual harassment complaint at DPS, Faridabad, incest case at Karvi(UP), Anjana Misra rape case (Orissa). alleged act of glorification of "Sati" at Mohaba (UP), Lalita Oraon case (Ranchi) concerning alleged sexual assault on a 19 year old maid by an Indian Diplomat in Paris, Chitra rape case (Chennai) and brutal atrocities against Harijan women at Sanhauli (Bihar).
  • Organised Nationwide workshops on Amendment to Rape Laws.
  • Held Public Hearings on minority women at Tezpur, Bangalore, Indore, Panipat and Bhadrak, on Women Sarpanches at Ajmer and Women in Agriculture at Dharwad (Karnataka)
  • Organised Conference on Tribal Women’s Development.

 

  • Sponsored Research/studies on Dayin Pratha (Bihar), Women prisoners (U.P., M.P., Rajasthan, Orissa), Nutrition and Health Care of Adolescent Girls (Orissa), Impact of Mining on Health of Women (Orissa), Women of weaker sections in hill areas( U.P).
  • Interaction with Women Parliamentarians was organised.
  • Organised training programme for Counsellors from various states in collaboration with the British Council.
  • Conducted Workshops on Penal reform in association with PRI & PRAJA and Crime Against Women in India with CBI.
  • Organised a programme in Eluru (A.P.) and Gadhinglaj (Maharashtra) for rehabilitation of Devadasis and women prone to trafficking.
  • Conducted assessment on the condition of Vrindavan widows and made recommendations.
  • Held a series of Workshops on the condition of women in agriculture.

PROGRAMMES FOR 2000

The National Commission for Women has initiated an ambitious programme entitled "Preparing the Women for Tomorrow" - with awareness campaigns (on laws and legality, media, nutrition and health, consumerism, human rights, sex and sexuality etc.) and programmes to build capacity (for management of time, inter-personal relationships, emotions and develop skill for communication, thinking, negotiations and problem solving).

- Regional meets with State Commissions for Women and NGOs.

- Seminar on "Empowering Women for Sustained Development - Forging Partnership - Urban Local Bodies and Corporates.

- Workshop on Gender Justice - Forging Partnership with Law Enforcing Agencies.

- A study on systematic change in custody with mentally ill people - West Bengal.

- District-wise Socio-Economic Gender Disaggregated Data Analysis and district mapping - Maharashtra.

- Campaign against sexual harassment at work place - West Bengal.

- Nation-wide workshops on Amendment to Dowry Prohibition Act 1961 and Immoral Traffick (Prevention) Act, 1956.

- Follow up action on India’s First Report on implementation of CEDAW (UN Convention on the Elimination of All Forms Discrimination against Women)

- Voice of the Voiceless status of Muslim Women in India.(a report)

- Rape: A legal study (a report)

NATIONAL COMMISSION FOR WOMEN

1. Ms. Vibha Parthasarathi Chairperson 18.01.1999

2. Dr. Syeda S. Hameed Member 02.06.1997

3. Ms. Vijay Daksh Member 10.12. 1998

4. Ms. Poornima Advani Member 28.12. 1998

5. Mrs. Santha Reddy Member 09.02.2000

6. Ms. Ansuiya Uike Member 10.02.2000

7. Smt. Binoo Sen Member Secretary 10.09. 1997

STATE COMMISSIONS FOR WOMEN

State Commissions for Women have been set up in Andhra Pradesh, Assam, Delhi, Goa, Haryana, Himachal Pradesh, Karnataka, Kerala, Mahya Pradesh, Mizoram, Maharashtra, Orissa, Punjab, Rajasthan, Tamil Nadu, Tripura, and West Bengal and networking with them is an important methodology adopted by NCW.

 

STRUCTURE AND NET WORKING

Parliament / State Legislature

Union Council State Council

of Ministers of Ministers

 

National Department of State Deptt. State

Commission Women & Women & Commission

for Child Child for

Women Development Development Women

 

NGOs

Media

Social Activists

Academicians

 

 

 

 

NCW Videocassettes

Conference on "Women and Panchayati Raj" New Delhi, October, 1993.

Workshop of Infant Feeding practices and the law-New Delhi, 1994.

International Women Day, 8th March, 1994, New Delhi, - NationalSeminar on "Women : The Emerging Profile and Challenges for the Future.

Public Enquary on Crime Against Women - New Delhi - 1995.

Mangalam Project Pondicherry - 1995 Justice Delivery by Women for Women.

Parivarik Mahila Lok Adalat (PMLA) at Billur- Karnataka - 1997.

Daughter’s of Darkness - on Child Prostitution, 1997.

NCW Annual Function - New Delhi Address by Hon. Prime Minister H.D.Deva Gowda - 1998.

Daughters of Darkness - with Goa conference & NCW Recommendation - 1998.

Silver Lining - A documerntary Mental Health of Women - 1998.

The holdings of the library at the end of December, 1999 were 2252. During 1999, 335 research scholars consulted the library.

Tomorrow is ours on -NCW working.

 

 

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