Kush MotwaniAIR 11 · CSE 2023 · 316 wordsTheir whole copy
Opening · a definition
National Commission of Women (NCW) was set up by the [NCW Act 1990] (in 1992), ie, it is a [statutory body].
Crucial role played by NCW in shaping the discourse on gender-sensitive laws in India.
Body · points and prose
- [Regular and periodic review of laws]
Evidence based analysis of laws → Based on regular inspection of jails, custodial homes and psychiatric institutions
Understanding how [laws work on the ground level] → NCW looks into [~15,000 cases annually]
Learning from [shared experience]
↓ NCW [works with civil society], etc in pursuit of its goals
- Highlighting constraints in the [criminal justice]
[system] : NCW [can act as litigant] in the cases it pursues ↓ this gives it [first hand view] of functioning of criminal justice system leads to [DELAY] in women getting justice.
Awareness about [laws] (Eg) PC PNDT Act 1994
Highlight non-compliance of laws. (Eg) NCW has highlighted LCCs (local complaint committees) and ICCs not constituted under POSH Act 2013
Elevation of NCW to constitutional body would help in following ways:
Give it greater say in investigations (Eg) NCSC, NCST, NCBC, etc.
Give it [power to determine its own] [procedure] (Eg) NCSC, NCST, NCBC
will allow NCW to not only investigate specific cases, but also overall "safeguards".
widen the ambit of [gender responsive] [governance] (Eg) to unorganized sector, etc
However, there are several disadvantages of constitutional status.
- NCSC, NCST and NCBC are not allowed to coordinate with NGOs, civil society, etc.
↓ if NCW gets constitutional status, this ability to coordinate may go away
- Similarly, aforementioned orgs are not
Close · a summary
allowed to (down-arrow) take suo moto cases / do suo moto research if NCW becomes constitutional body, these powers may also go away
(ie) [overall operational flexibility will reduce]
Thus, decision to convert NCW to a constitutional body has to be taken keeping in mind aforementioned pros and cons.
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