The National Commission for Women (NCW) is a statutory body in India dedicated to protecting and promoting the rights of women. Established under the National Commission for Women Act, 1990, it functions as the watchdog for women’s rights in India. Its purpose is to advise the government on all policy matters affecting women and to take necessary steps to ensure gender equality and justice. In a society where gender-based violence and inequality continue to persist, the NCW plays a crucial role in safeguarding the security and dignity of women through policy recommendations, investigations, awareness, and legal interventions.
Constitutional and Legal Basis
The Constitution of India, through Article 15(3), empowers the State to make special provisions for women and children. Additionally, Article 39(a) and (d) of the Directive Principles of State Policy mandates the State to ensure equal rights for both men and women and protect them against exploitation. These provisions are the constitutional bedrock for the establishment of institutions like the NCW.
The National Commission for Women Act, 1990, provides a comprehensive structure for the functioning of the Commission. It gives the NCW powers similar to that of a civil court under the Code of Civil Procedure, 1908. This empowers it to summon individuals, collect evidence, inspect premises such as jails and remand homes, and initiate suo-motu inquiries in cases of human rights violations against women.
Key Functions and Powers of the National Commission for Women
The NCW has a wide range of powers and responsibilities. Below are its major functions:
1. Reviewing Legal Safeguards for Women
The NCW is mandated to review the constitutional and legal safeguards available to women and recommend measures for their effective implementation. This includes identifying gaps in the laws, suggesting amendments, and proposing new legislations to better protect women’s interests.
For instance, the NCW played a significant role in recommending amendments to the Protection of Women from Domestic Violence Act, 2005, and supported the creation of more women-friendly provisions under the Sexual Harassment of Women at Workplace Act, 2013.
2. Investigating Complaints and Suo-Motu Action
The NCW is empowered to investigate complaints from women relating to deprivation of rights, denial of opportunities, and violations of the protection guaranteed under the Constitution or any other law. The Commission can also initiate suo-motu inquiries if it learns of any case of injustice or violation of women’s rights from the media or any other source.
The Commission’s grievance redressal mechanism has been vital in handling cases ranging from domestic violence, dowry harassment, cyberbullying, acid attacks, to workplace harassment.
3. Advisory Role and Policy Recommendations
The NCW advises the government on all policy matters concerning women. It recommends socio-economic measures, changes in employment policies, and schemes that can promote the welfare of women. For example, it has pushed for reservations for women in education, employment, and political representation.
4. Monitoring Custodial Institutions
One of the most critical roles of the NCW is the inspection of prisons, remand homes, and other institutions where women are kept in custody. The Commission assesses the conditions, checks for abuse or negligence, and recommends improvements to ensure dignity and humane treatment of women inmates.
5. Legal and Educational Intervention
The Commission conducts awareness campaigns, legal literacy programs, and gender sensitization workshops. It collaborates with NGOs and educational institutions to promote understanding of legal rights among women. Additionally, it funds research projects that focus on women-centric issues.
6. Representation in Legal Matters
The NCW has the authority to support and fund legal cases that are of public interest and involve grave injustice to women. It can provide financial assistance and even appear in court through appointed counsel in important cases that affect the larger interest of women.
7. Support for Victims of Atrocity or Violence
The NCW provides counseling and support services to victims of gender-based violence. It also maintains a referral system to connect women with appropriate legal, psychological, and social support networks. In crisis situations like natural disasters or pandemics, the Commission has played a proactive role in ensuring that relief reaches affected women.
Role in Safeguarding Women in Society
In the societal context, the NCW acts as the voice of women in governance and policymaking. It brings attention to issues often neglected or normalized in society, such as marital rape, child marriage, honor killings, and menstrual taboos. Its role is not limited to legislative or legal domains but also extends to changing the societal mindset through education, media, and public discourse.
Landmark Interventions by NCW
- Sabarimala Women’s Entry Issue: The NCW supported the constitutional right of women to worship, irrespective of age or tradition.
- Triple Talaq: It strongly advocated for the abolition of instant triple talaq and supported the Muslim Women (Protection of Rights on Marriage) Act, 2019.
- Acid Attack Victims: NCW has consistently recommended better rehabilitation policies and strict regulation of acid sales.
These actions underline the Commission’s commitment to not only securing justice but also transforming society into a safer and more equal space for women.
Challenges Faced by NCW
Despite its wide powers, the NCW faces several limitations:
- It does not have the authority to enforce its recommendations, as they are advisory in nature.
- It often lacks adequate funding and manpower to deal with the large number of complaints and policy issues.
- Coordination between the NCW and state governments or police authorities is sometimes weak, delaying justice.
Yet, it remains one of the most crucial institutions in the fight for gender justice in India.
Future Directions
Going forward, the NCW needs to be further empowered—possibly granted quasi-judicial powers—so that its decisions can be binding. It also needs more decentralization with state-level women’s commissions being strengthened. Enhanced public engagement through digital platforms, quicker response systems, and collaboration with civil society organizations can boost its effectiveness.
🧠 Mnemonic to Remember the Powers and Role of NCW – “LIVES-WISE“
Here’s a mnemonic to remember the key roles of the NCW:
L I V E S – W I S E
- L – Legal Review & Law Reforms
- I – Investigate Complaints & Suo-Motu Action
- V – Victim Support & Counseling
- E – Educational & Awareness Campaigns
- S – Safeguard in Custodial Institutions
- W – Workplace Rights Protection
- I – Inspect Prisons & Remand Homes
- S – Suggest Policy Measures
- E – Engage in Public Interest Litigation
