UPSC Mains 2020 · GS II · Q15 · 15 marks · 250 words

Which steps are required for constitutionalization of a Commission ? Do you think imparting constitutionality to the National Commission for Women would ensure greater gender justice and empowerment in India ? Give reasons.

हिन्दी में

एक आयोग के सांविधानिकीकरण के लिए कौन-कौन से चरण आवश्यक हैं ? क्या आपके विचार में राष्ट्रीय महिला आयोग को सांविधानिकता प्रदान करना भारत में लैंगिक न्याय एवं सशक्तिकरण और अधिक सुनिश्चित करेगा ? कारण बताइए।

How a topper answered the closest question

Toppers wrote this one in a test series: “Discuss the crucial role played by the National Commission of Women in shaping the discourse on gender-sensitive laws in India. To what extent the elevation of the National Commission of Women to a constitutional body would reinforce its authority?”

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

  1. [Regular and periodic review of laws]
Diagram
- Eg: IPC 1860, PC PNDT 1994; Dowry Prohibition 1961, etc - Based on efforts and review by NCW, in the recently introduced bill on [Bharitya Nyaya Samhita (IPC revamp)] - [Crimes against women] in the first chapter.
  1. Evidence based analysis of laws → Based on regular inspection of jails, custodial homes and psychiatric institutions

  2. Understanding how [laws work on the ground level] → NCW looks into [~15,000 cases annually]

  3. Learning from [shared experience]

↓ NCW [works with civil society], etc in pursuit of its goals

  1. 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.

  1. Awareness about [laws] (Eg) PC PNDT Act 1994

  2. 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:

  1. Give it greater say in investigations (Eg) NCSC, NCST, NCBC, etc.

  2. Give it [power to determine its own] [procedure] (Eg) NCSC, NCST, NCBC

  3. will allow NCW to not only investigate specific cases, but also overall "safeguards".

  4. widen the ambit of [gender responsive] [governance] (Eg) to unorganized sector, etc

However, there are several disadvantages of constitutional status.

  1. 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

  1. 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.

How toppers approach this question, and more on its topic: open the question.

Toppers’ answers to other close questions

Source: UPSC, Civil Services (Main) Examination 2020, General Studies Paper II, Q15. The paper on upsc.gov.in. Themes and links to toppers’ answers are by UPSC Grade, not by UPSC.