The National Commission for Women Act was passed in the year 1990 by the notification of Central Government in the Official Gazette. As there was lack of constitutional, economical and social interest to protect the women in India they faced many problems and injustices caused to them. Government considered as handicapped as they lacked policies to face the problem of women, need for certain Commission to look in to the grievances of women. The National Commission for Women established in January 1992 under the Indian Constitution as defined in National Commission for Women Act, 1990. Central Government laid the structure for formation of Commission by passing the bill in Lok Sabha in May 1990, the bill was passed and received the president assent on 30th August 1990. The first Commission was constituted on January 31 1992 as Jayanti patnaik as the chairperson to assist the women in redressal of their grievances
Act comprised of 17 Sections in brief and it extends to whole of India except the state of Jammu and Kashmir. Under Section 3 of the Act, Central Government constituted the National Commission for Women to exercise the powers conferred on and to perform the functions assigned under the Act. The Commission consists of a chairperson, Five members nominated by the Central Government who have experience in legal field, amongst the five one member belongs to the Scheduled Castes and Scheduled Tribes, a Member-Secretary to be nominated by the Central Government who is a member of a civil service. Central Government nominates every member under the Commission to perform the functions to fulfill the objectives as laid in the Act. Every member of the Commission deemed as public servants under Section 21 of Indian Penal Code holds office of the Commission for a term of three years under the Act. Central Government has the authority to remove a person/member from the office of the Commission as laid in provisions specified under Section 4.
Commission and members who regulated by its own procedure as specified under Section 9 meet at specified time and place to make the decisions belonging to the welfare of the women by holding chairperson as it head , all the orders and decision of Commission duly authorized by the chairperson and all other members, Member-Secretary of the commission has duty bound to oblige the decisions held by the chairperson. The Commission with its members which constituted under Act has wide functions as specified in Section 10 of the Act. The Commission could investigate, make report, review regarding the matter relating to the safeguards provided for women under the Constitution and has authority to pass reports to the Central and State Government to recommend policies taken. Commission while performing its functions under Section 10(4) have all powers as of trying suit of a civil court. Central Government under Section 16 consults the Commission in matter relates to the major policies which affects the welfare of women and Commission has power to give advice to the Central Government regarding policies. Central Government by notification in the official gazette has power to make rules regarding salaries and other allowance as specified in Section 17 of the Act.
Women as a class not belong to neither of minority or majority. India been a traditional society suffered from social handicaps and disabilities and restricts women not to deal with the improvement of the society. Though there are many Articles in favour of women such as Article 21, Article 14 and Article 15 but they are very generic and it does not made any special provision to deal with the welfare of the women. There are many land mark judgments relates to the welfare of women as Visakha vs. State of Rajasthan which improved the social conditions of women and there are many committees, Commissions created but they did not fulfill the requirements of women and not reach the terms which provides for the welfare of the women. National Commission for Women Act, 1990 though constituted Commission under provisions but lost its existence by lack of power. Development of women been a curb in our country, let us hope the future laws will vanish the curb by its wider terms and powers.
by Priyadarshini Chandrasekar