Redressal of Grievance by National Women Commission

Article

Redressal of Grievance by National Women Commission

 

The Central and State governments have set up National and State Commissions for Women to review the constitutional and legal safeguards for women and facilitate redressal of their grievances etc. Apart from the Women Commissions a number of other Commissions have also been established to provide relief to both men and women. As such women may also take advantage of these agencies viz National Human Rights Commission, State Human Rights Commissions; National Commission for Protection of Child Rights, State Commission for Protection of Child Rights; National Commission for Minorities; National Commission for the Scheduled Castes, National Commission for Scheduled Tribes, etc.?

These are specialized Commissions which look into specific matters, falling in their respective domain.  Grievances and complaints of high handedness may be taken up with the concerned Commission for better results. The role and responsibility of National Commission for Women is discussed below:

The National Commission for Women was set up in January 1992 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.

Constitution of Commission: The Commission consists of a Chairperson; five Members nominated by the Central Government from amongst persons of ability, integrity and standing who have had experience in law or legislation, trade unionism, management of an industry potential of women, women's voluntary organisations (including women activist), administration, economic development, health, education or social welfare. It has a Member-Secretary to look after the affairs of the Commission. He is nominated by the central government. However, at least one Member each shall be from amongst persons belonging to the Scheduled Castes and Scheduled Tribes respectively;

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

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, reports upon the working of those safeguard;

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

d.      review, from time to time, the exiting 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 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 motu notice of matters relating to:-

  •  deprivation of women's rights;
  •  non-implementation of laws enacted to provide protection to women and also to achieve the objective of equality and development;
  •  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; 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, lack of access to housing and basic services, inadequate support services and technologies for reducing drudgery and occupational health hazards and for increasing their productivity;

h.      participate and advice on the planning process of socio-economic development of women;

i.        evaluate the progress of the development of women under the Union and any State;

j.        inspect or cause to 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;

k.      fund litigation involving issues affecting a large body of women;

l.        make periodical reports to the government on any matter pertaining to women and in particular various difficulties under which women toil;

m.     any other matter which may be referred to it by central government.

Categories of Complaint: The Commissions entertains complaints related to following nineteen broad categories:

1.    Bigamy/Polygamy

2.    Cyber Crime against women

3.    Dowry harassment/dowry death

4.    Free legal aid for women

5.    Gender discrimination including equal right to education & work

6.    Indecent representation of women

7.    Outraging modesty of women

8.    Police apathy against women

9.    Privacy of women and rights thereof

10. Reproductive health rights of women

11. Right to exercise choice in marriage

12. Right to live with dignity (Cruelty, Domestic Violence, Harassment)

13. Sex Selective abortion/ Female feticide/ amniocentesis

14. Sexual harassment including sexual harassment at workplace

15. Stalking/Voyeurism

16. Traditional practices derogatory to women rights i.e. Sati pratha, devdasi pratha, witch hunting

17. Trafficking/ Prostitution of Women

18. Violence Against Women ( Rape, Attempt to Rape, Acid Attack, Sexual Assault)

19. Women’s right of custody of children in the event of divorce.

Filing of Complaint: Women can file complaints of sexual harassment with the Commission. The Commission will take up the case with the employer/concerned organization to monitor the proceedings of the complaint as per the mandatory provisions of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Rules, 2013

Apart from sexual harassment complaints, any case involving deprivation of women’s right or harassment of women in India can also be registered with the Commission. The complaint should disclose complete details of the matter with specific relief/intervention sought from the National Commission for Women.

An aggrieved person may file a complaint before the National Commission for Women on the official website of the Commission ncw.nic.in under the section of 'register online complaints'. One can also send a written application containing all the important details (along with supporting documents, if any) through post or by hand.

Powers of the Commission: The Commission has all the powers of a civil court for trying a suit and, in particular in respect of summoning and enforcing the attendance of any person from any part of India and examining him on oath; requiring the discovery and production of any document; receiving evidence on affidavits; requisitioning any public record or copy thereof from any court or office; issuing commissions for the examination of witnesses and documents; etc.

State/UT Commissions for Women: Apart from National Commission, all the twenty nine state governments and seven Union Territories have set up identical commissions at state and UT levels. Aggrieved women can file their complaints both with the National & State commission of the concerned state/Union Territory.


Location: India

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