Women neither belong to a minority group nor they belong to backward class. Due to prevailing patriarchal system in India women have always been subdued in society. Constitution through Article 15 (3), Article 21 and Article 14 protect and safeguard women. Article 15(3) of the Constitution gives power to the State to make special provision for women and children. In this article we shall study about National Commission for Women (NCW)

The National Commission for Women was formed with an intention to establish an equal and just livelihood for women by making legal and constitutional amendments for women in India. The Violence against Women is a fundamental violation of human rights, across nations, societies, cultures and classes and to stop this violation of the fundamental right; this Commission was formed. The National Commission for Women Bill 1990 was introduced in the Lok Sabha on 22nd May 1990. The National Commission for Women was set up on 31st January 1992 under the National Commission for Women Act, 1990 as Jayanti Patnaik as the chairperson.  This body was established to review the constitutional and legal safeguards for women. It recommends the remedial legislative measures, facilitates redressal of grievances and advises the government on all policy matters affecting women. It enjoys all the powers of a civil court.

Constitution of Commission:

The Commission must consist of a minimum number of members which includes a chairperson, a member secretary, and the other five members. Section 3 of the National Commission for Women Act, 1990 deals with the constitution of the National Commission for Women.

Chairperson: The central government should nominate the chairperson.

Five members: The five members are also to be nominated by the central government from amongst the person of ability, integrity, and standing. They should possess experience in various fields like law or legislation, trade unionism, management of industry potential of women, women’s voluntary organization, education, administration, economic development, and social good-being. At least one member each shall be from amongst persons belonging to the Scheduled Castes and Scheduled Tribes respectively.

Member Secretary: The Central Government also nominates member secretary. He/ she should be either an expert in the field of management, organizational structure or sociological movement or a member of a civil service of the Union or of an all-India service or holds a civil post under the Union with appropriate experience.

Term of Office and Conditions of Service of Chairperson and Members of the Commission:

Section 4 of the National Commission for Women Act, 1990 deals with the constitution of the term of office and conditions of service of Chairperson and Members of the commission.

1. The Chairperson and every Member shall hold office for such period, not exceeding three years, as may be specified by the Central Government in this behalf.
2. The Chairperson or a Member (other than the Member-Secretary) may, by writing and addressed to the Central Government, resign from the office of Chairperson or, as the case may be, of the Member at any time.
3. The Central Government shall remove a person from the office of Chairperson or a Member referred to in sub-section (2) if that person–

(a) becomes an undischarged insolvent;

(b) gets convicted and sentenced to imprisonment for an offence which in the opinion of the Central Government involves moral turpitude;

(c) becomes of unsound mind and stands so declared by a competent court;

(d) refuses to act or becomes incapable of acting;

(e) is, without obtaining leave of absence from the Commission, absent from three consecutive meetings of the Commission; or

(f) in the opinion of the Central Government has so abused the position of Chairperson or Member as to render that person’s continuance in office detrimental to the public interest:

When removing a person from the commission under this section, that person should be given a reasonable opportunity of being heard in the matter. A vacancy caused under sub-section (2) or otherwise shall be filled by fresh nomination

Functions of Commission:

Section 10 of the National Commission for Women Act, 1990 deals with the functions of the Commission. The National Commission of Women enjoys the powers of a civil court. It investigates and examines the matters related to safeguards provided for women under the Constitution and other law. The Parivarik Mahila Lok Adalat, (PMLA) is an innovative component with its roots in the traditional Nyaya Panchayats. It is created by NCW for the redressal and speedy disposal of cases.

The Commission shall perform all or any of the following functions:

• Investigation and Examination: Investigate and examine all the matters relating to the safeguards provided for the women under the Constitution and other laws
• Presentation of Reports: Table reports to the Central Government, every year and at such other times as the Commission may deem fit, reports upon the working of those safeguards
• Recommendations: Make in such reports and recommendations for the effective accomplishment of those safeguards for enhancing the conditions of the women by the Union or any State.
• Review, every now and then, the current provisions of the Constitution and other laws distressing the women and prescribe alterations and suggest curative legislative measures meet any break, inadequacies, and incapacity in such legislation.
• Cases of Violation: Take up cases of infringement of the provisions of the Constitution and of other laws relating to the women with the relevant authorities
• Suo Moto Notice: It looks into complaints, and takes Suo Motto notice of matters relating to – deprivation of women’s rights, Non-implementation of the laws, and Non-compliance of policy decisions guaranteeing the welfare for women society.
• Special Studies and Investigation: It conducts special studies or investigation on the concerning issues or circumstances emerging out of segregation and outrages against ladies and recognizes the limitations in order to suggest techniques for their expulsion
• Research: Undertake the promotional and educational research so as to propose ways of ensuring due representation of women in all fields and identifies the factors responsible for impeding the support services and technologies for reducing drudgery and professional health hazards and for escalating their efficiency.
• Participation in all spheres particularly in Planning: take part and advice on the planning process of socio-economic development of women
• Evaluation: assess the progress of the development of women society under the Union and State.
• Inspection: investigate or cause to be inspected a jail, remand home women’s establishment or other places of guardianship where ladies are kept as detainees.
• Funding: fund litigation, relating issues affecting a large body of women.
• Reporting: make periodical reports on any issue pertaining to women and in particular various difficulties under which women toil.