A chairperson, five members and a member-secretary: how the women's commission is built

Background

The National Commission for Women was set up as a statutory body under the National Commission for Women Act, 1990 (Act No. 20 of 1990), 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 Act's Statement of Objects and Reasons records that successive Commissions on Women had noted in their reports the unequal status of women obtaining in every sphere of life and had suggested the setting up of an agency to fulfil the surveillance functions as well as to facilitate redressal of grievances of women. The Act is dated 30th August, 1990, it was brought into force on 31.1.1992, and the Commission was founded in January 1992.

Section 3 of the Act sets out the composition. The Central Government constitutes the Commission, which consists of a Chairperson committed to the cause of women, nominated by the Central Government; five Members nominated by the Central Government from among persons of ability, integrity and standing who have had experience in law or legislation, trade unionism, management of an industry or organisation committed to increasing the employment potential of women, women's voluntary organisations (including women activists), administration, economic development, health, education or social welfare, provided that at least one Member each shall be from among persons belonging to the Scheduled Castes and Scheduled Tribes respectively; and a Member-Secretary nominated by the Central Government who shall be either an expert in the field of management, organisational structure or sociological movement, or an officer of a civil service of the Union or of an all-India service or holding a civil post under the Union with appropriate experience.

The Commission's listed functions include investigating and examining all matters relating to the safeguards provided for women under the Constitution and other laws; reporting annually and at such other times as it thinks fit on the working of those safeguards; reviewing existing provisions and recommending amendments; taking up cases of violation with the appropriate authorities; looking into complaints and taking suo motu notice; calling for special studies or investigations; funding litigation involving issues affecting a large body of women; inspecting jails, remand homes, women's institutions and other places of custody where women are kept; and any other matter referred to it by the Central Government. While investigating such matters the Commission has all the powers of a civil court trying a suit, including summoning and enforcing attendance, requiring discovery and production of documents, receiving evidence on affidavits and requisitioning public records. The Central Government must cause the Commission's reports to be laid before each House of Parliament along with a memorandum explaining the action taken or proposed, and the reasons for non-acceptance of any recommendation.