LEGAL ARENA

ADV TIYASA HALDER

CONTACT NO-6290333271

Under which law are the State Commissions for Women established in India?

The State Commissions for Women are constituted through the respective state laws
enacted by their state legislature. For example, Andhra Pradesh Women’s
Commission is constituted under The Andhra Pradesh Women's Commission Act, 1998.

What is the mission of the National Commission for Women?

The mission of the commission is to:

Strive towards enabling women to achieve equality and equal participation in all
spheres of life.

Secure due rights and entitlements through suitable policy formulation, legislative
measures, effective enforcement of laws, implementation of schemes, etc.

Devise strategies for the solution of specific problems arising out of discrimination and
atrocities against women.

What measures could be recommended for the effective functioning of the

commission?

Some recommendations for the effective functioning of the National Commission for
Women (NCW):

Increasing awareness: The NCW could deploy resources at the district level to bring
attention to local atrocities and raise awareness about the NCW.

Strengthening the legal powers: To enhance the NCW's ability to effectively address
issues related to the rights of women and to strengthen the laws for the safety of women
in the workplace, it would be beneficial to give the NCW more legal powers.

The 257th report of the Law Commission of India recommended that the NCW be given
greater powers to take action against violators of women's rights.

Increasing the funding: To ensure the NCW has the resources it needs to effectively
carry out its mandate, it would be helpful for the central government to devolve more
funds to the NCW and to give it an independent budget.
Outreach to remote areas: The NCW needs to have effective outreach mechanisms to
reach women in remote areas or those who are illiterate.

The Human Rights Watch has recommended that the NCW work to improve its outreach
efforts and ensure it reaches women needing assistance.

Education and empowerment: The NCW should educate women about their rights and
empower them to make informed decisions regarding their lives. It should establish
self-development canters and encourage women's participation in small-scale work to
promote empowerment and independence.

What are various initiatives undertaken by NCW to carry out its mandate?

• In keeping with its mandate, the Commission initiated various steps to improve
the status of women and worked for their economic empowerment.
• The Commission completed its visits to all the States/UTs and prepared ‘Gender
Profiles’ to assess the status of women and their empowerment.
• It received a large number of complaints and acted suo-moto in several cases to
provide speedy justice.
• It took up the issue of child marriage and sponsored legal awareness.
programmes, Parivarik Mahila Lok Adalats, and reviewed laws such as Dowry
Prohibition Act 1961, PNDT Act 1994, Indian Penal Code 1860, and the National
Commission for Women Act 1990 to make them more stringent and effective.
• The Commission has proposed amendments to the Hindu Marriage Act
1955, Medical Termination of Pregnancy Act 1971, and the Indian Penal Code
1960, etc.
• It organized workshops, constituted expert committees on economic
empowerment of women, conducted seminars for gender awareness, and took
up publicity campaigns against female foeticide, violence against women.
• NCW has recently established a "J&K and Ladakh Cell" to address women's
complaints and promote their development in all areas within these newly-
formed UTs, due to the unique challenges faced by women there.

When did the National Commission for Women come into existence?

. The National Commission for Women came into existence in January 1992.

When was the bill for the NCW introduced?

The bill for the commission was first introduced in the Lok Sabha in May 1990

Briefly discussed about the NATIONAL COMMISSION FOR WOMEN ACT,1990.

National Commission for Women Act, 1990 mandates the formation of a regulatory
body known as the National Commission for Women to safeguard women's rights.
In January 1992, the government of India formed a regulatory body called the “National
Commission for Women (NCW)” under the National Commission for Women Act, 1990,
for the protection and promotion of women’s rights in India. The bill for the commission
was introduced in Lok Sabha in May 1990; the HRD Ministry held a national level
conference in July 1990 to get feedback on the bill. In August 1990, the government
adopted many revisions and new rules. Finally, on August 30, 1990, the President
passed the bill, and the first National Commission for Women of India came into
existence.

The Women’s Act of 1990 stated that the NCW must have a minimum of four members
and a maximum of eleven members, with at least one of them being a woman. The
commission comprises:

• A chairperson who is committed to the cause of women

• Five members from the fields of law, trade unionism, management of a female-
dominated business, women’s activism, administration, education, economic
development, or social welfare
• A member secretary who is an expert in organisational structure, management,
or sociological movement, or an officer or member of the union’s civil service.

The central government nominates all the committee members. Jayanti Patnaik became
the first National Commission for Women Chairperson. Rekha Sharma was appointed
as the chairperson in November 2018 and continues to hold the position to this day.

Objectives of the National Commission for Women

The primary objective of the National Commission for Women (NCW) is to safeguard
and promote the rights and welfare of women in India. It aims to ensure gender equality
and to address issues affecting women's lives, providing them with legal aid and
support.

• To review the constitutional and legal safeguards for women and recommend
remedial legislative measures.
• To facilitate redressal of grievances related to the deprivation of the rights and
safeguards for women provided in the Constitution and other laws.
• To advise the Central Government on all policy matters affecting women.
• To conduct investigations and examinations on matters relating to the
constitutional and legal rights of women.
• To participate and advise on the planning process for the socio-economic
development of women.
• To evaluate the progress of the development of women under the Union and
State Governments.

Powers and Functions of the National Commission for Women

The NCW has the authority to investigate and examine matters relating to women's
rights violations, recommend measures for their protection, and review existing
legislation to suggest amendments. It also conducts research, promotes awareness,
and collaborates with NGOs and other organizations.

• Investigating and examining all matters relating to the safeguards provided for
women under the Constitution and other laws.
• Reviewing the existing provisions of the Constitution and other laws affecting
women and recommending amendments to meet any lacunae, inadequacies, or
shortcomings in such laws.
• Participating and advising on the planning process for the socio-economic
development of women.
• Evaluating the progress of the development of women under the Union and State
Governments.
• Inspecting or carrying out visits to jails, remand homes, women's institutions,
and other places of custody where women are kept. This is to study the living
conditions of the inmates and make recommendations.
• Looking into complaints and taking suo moto notice of matters relating to the
deprivation of women's rights, non-implementation of laws enacted for the
protection and advancement of women, and non-compliance with policy
decisions and guidelines aimed at mitigating hardships and ensuring welfare and
providing relief to women.
• Undertaking promotional and educational research so as to suggest ways of
ensuring due representation of women in all spheres and identifying factors
responsible for impeding their advancement.
• Reviewing, from time to time, the existing techniques and methods of
investigation and prosecution of offenses where women are victims, and making
recommendations for their improvement.

What is the role of the National Commission for Women?

The national commission for women is responsible for reviewing the constitutional and
legal safeguards for women, recommending remedial legislative measures, facilitating
redressal of grievances, and advising the government on all policy matters affecting
women.

How many members are in the National Commission for Women?

The national commission for women is composed of a chairperson of national

commission for women and 12 other members.

Who appoints the chairperson of National Commission for Women?

The national commission for women is a constitutional body and its members,
including the chairperson of national commission for women, are appointed by the
Central Government.

What are the Challenges Faced by the National Commission for Women?

The NCW faces challenges such as limited resources, bureaucratic hurdles, and
sometimes inadequate support from state governments. It also struggles with societal
attitudes and resistance when addressing deeply rooted gender biases and
discrimination.

• Inadequate financial and human resources to address the growing number of

complaints and cases.
• Limited enforcement powers, as the commission can only make
recommendations to the government.
• Lack of awareness about the commission's role and functions among the
general public.
• Delay in the appointment of members, which affects the commission's
functioning.
• Interference from political and bureaucratic quarters in the commission's
functioning.
• Lack of coordination with state-level women's commissions and other agencies
working on women's issues.

What are the Initiatives Undertaken by the National Commission for Women?

The NCW undertakes various initiatives, such as legal awareness programs, counseling
services, research studies, and policy recommendations. It also launches campaigns
and projects aimed at addressing specific issues like domestic violence, trafficking, and
workplace harassment.

• Conducting investigations and inquiries into cases of violation of women's rights.

• Organizing workshops, seminars, and training programs to create awareness
about women's rights and laws.
• Issuing advisories and guidelines to the government on important issues
affecting women.
• Intervening in court cases related to women's rights and empowerment.
• Launching public awareness campaigns on gender-based violence, trafficking,
and other issues.
• Establishing a Complaint and Investigation Cell to address grievances of women.
• Setting up a legal cell to provide free legal aid and counseling to women in
distress.
 • Collaborating with civil society organizations and women's groups to strengthen
the women's rights movement.

What are the Controversies Surrounding Women's Commissions?

Manipur Incident Response:

The NCW's response in Manipur case has been criticized for not acting swiftly and
proactively.

Mangalore Pub Attack Response:

In 2009, when a group of women was assaulted in a pub in Mangalore, the NCW's
response was criticized as insensitive and victim-blaming.

The commission's member blamed the victims for not protecting themselves and
questioned their reluctance to come forward.

Handling of Sexual Harassment Allegations:

The NCW's response to sexual harassment allegations against a former Chief Justice of
India in 2019 raised concerns about its proactiveness and willingness to safeguard
women's rights.

What are the Achievements of NCW?

Strengthening of Law related to Women’s Rights:

The NCW has helped strengthen the implementation of laws pertaining to women’s
rights, such as the Domestic Violence Act 2005 and the Dowry Prohibition Act 1961.

Legal and Psychological Counselling:

It has provided legal and psychological counselling to victims of violence and sexual
harassment.

Sexual Harassment at Workplace:

It has monitored and ensured the implementation of the Sexual Harassment of Women
at Workplace (Prevention, Prohibition and Redressal) Act, 2013.

Gender Profiles:

It has prepared Gender Profiles to assess the status of women and their empowerment
in all the states and Union Territories except Lakshadweep.

Child Marriage and Other Legal Issues:

It has taken up the issue of child marriage, sponsored legal awareness programmes,
Parivarik Mahila LOK ADALAT and reviewed laws such as Dowry Prohibition Act, 1961,
PNDT Act 1994, Indian Penal Code 1860 and the National Commission for Women Act,
1990 to make them more stringent and effective.

Workshops and Consultations:

It has organized workshops/consultations, constituted expert committees on economic

empowerment of women, conducted workshops/seminars for gender awareness and
took up publicity campaigns against female foeticide, violence against women etc. in
order to generate awareness in the society against these social evils.

Newsletter:

It has regularly published a monthly newsletter called “Rashtra Mahila” in both Hindi
and English.

What are the Strategies for Improving Women's Commissions?

Transparent Appointment Process:

Adopt a merit-based and transparent process for appointing chairpersons and

members of women's commissions. Involving representatives from various
stakeholders, including the Opposition, judiciary, and civil society organizations, can
help ensure impartiality.

Social Audit:

Conduct regular social audits of women's commissions by external agencies to assess

their performance, utilization of funds, and impact.

This will hold them accountable and provide insights for improvement.

Enhanced Field Visits:

Encourage commission members and staff to conduct more field visits, interact with
women in different regions, and understand their unique challenges and needs.

Awareness and Accessibility:

Promote greater awareness of women's commissions among women, particularly in

remote areas, through various channels such as helplines, online platforms, and mobile
outreach.

Empathy and Sensitivity Training:

Provide training to commission members and staff to develop empathy and

sensitivity towards women in distress. This will help create a supportive and victim-
centered approach in dealing with cases.

Why we need Constitutional provisions for women in India?

The constitutional provisions for women in India are established to address and rectify
historical inequalities and discrimination women have faced. These measures
acknowledge the essential role of women in the foundation of a just, equitable society
and aim to ensure their full participation in all areas of life.

By embedding rights and protections for women within the Constitution, India commits
to creating a legal and social environment that promotes gender equality. This
commitment is not only about fairness but also about recognising the diverse
contributions women make to society’s development.

The provisions seek to empower women, guarantee their rights and enable them to live
with dignity and equality, thereby enhancing the nation’s progress and upholding
democratic values.

What are the Key Constitutional Provisions for Women in India?

Constitutional provisions for women in India are a series of safeguards embedded

within the Indian Constitution aimed at ensuring gender equality and empowering
women across various facets of life. These provisions are designed to protect women
against discrimination, promote their well-being and ensure their equal participation in
the political, economic and social spheres.

Fundamental Rights like Articles 14, 15 and 16 establish the right to equality and
prohibit discrimination based on gender, enabling women to live with dignity and have
equal opportunities. Directive Principles, including Articles 39, 42 and 43, advocate for
economic justice, equal pay and support during maternity. Moreover, Articles 51A(e)
emphasises the moral duty to renounce practices derogatory to women’s dignity.

Additionally, constitutional amendments have facilitated women’s participation in local

governance through reservation of seats in Panchayats and Municipalities, underlining
the commitment to enhancing women’s representation and involvement in decision-
making processes. These provisions collectively constitute a robust framework for
advancing women’s rights and status in India.

The provisions are:

1. Fundamental Rights and the Empowerment of Women

The cornerstone of women’s rights in India can be found in the Fundamental Rights
enshrined in the Constitution. These rights serve as the bedrock for promoting gender
equality and safeguarding women against discrimination and injustice.

Article 14: Right to Equality

Article 14 of the Indian Constitution guarantees the “right to equality” to every citizen,
asserting that the State shall not deny to any person equality before the law or the equal
protection of the laws within the territory of India.
This provision is instrumental in ensuring that women have equal rights and
opportunities as men, laying the groundwork for gender equality in the political,
economic and social spheres.

Article 15(1) and Article 15(3): Prohibition of Discrimination and Special Provisions

While Article 15(1) prohibits discrimination by the state on grounds of religion, race,
caste, sex or place of birth, Article 15(3) empowers the state to make special provisions
for women and children.

These articles collectively ensure that women are not subject to arbitrary discrimination
while also allowing for affirmative actions to address historical and systemic gender
imbalances.

Article 16: Equality of Opportunity in Matters of Public Employment

Article 16 extends the right to equality to the realm of employment, guaranteeing equal
employment opportunities for all citizens in matters relating to employment or
appointment to any office under the State.

This provision is crucial for ensuring women have access to public sector jobs on an
equal footing with men.

2. Directive Principles of State Policy and Women’s Rights

The Directive Principles of State Policy serve as guidelines to the central and state
governments in India, aimed at establishing a just society. These principles, though not
enforceable by courts, are fundamental in the governance of the country and direct the
State to apply these principles in making laws.

Article 39(a), Article 39(d) and Article 39A: Ensuring Economic Justice and Legal Aid

Article 39(a) demands that the State provide men and women equally the right to an
adequate means of livelihood. Article 39(d) goes a step further to ensure equal pay for
equal work for both men and women, aiming to eliminate wage disparities based on
gender.

Article 39A emphasises the promotion of justice on the basis of equal opportunity,
ensuring that no citizen is denied access to justice due to economic or other
disabilities. These articles collectively work towards establishing economic justice and
equal opportunities for women

Article 42 and The Maternity Benefit Act, 1961

Enacted in accordance with Article 42, The Maternity Benefit Act, 1961, underscores the
State’s commitment to ensuring just and humane conditions of work and maternity
relief for women. This provision is a testament to the Constitution’s concern for the
health and well-being of women in the workforce.
 3. Fundamental Duties and Respect for Women

Article 51A(e) of the Constitution underscores the moral obligations of every citizen to
renounce practices derogatory to the dignity of women. This provision plays a critical
role in fostering a culture of respect and dignity towards women, urging citizens to
eliminate practices that demean or discriminate against women.

4. Constitutional Protections for Women’s Participation in Local Governance

Recognising the importance of women’s participation in the democratic process and

local governance, the Constitution includes specific provisions for the reservation of
seats for women in Panchayats and Municipalities.

Articles 243-D(3), 243-D(4), 243-T(3) and 243-T(4): Reservation in Local Bodies

These articles mandate the reservation of one-third of the total number of seats to be
filled by direct election in every Panchayat and Municipality for women. Additionally,
one-third of the total number of offices of chairpersons in the Panchayats and
Municipalities at each level shall be reserved for women.

These provisions ensure women’s representation in local governance, empowering

them to contribute to the decision-making process and address issues affecting their
communities.

What are the role/Functions of National Women's Commissions in India?

Research and Study:

Women's commissions conduct research and studies on issues relevant to women's

rights and gender equality.

They gather data and information to support evidence-based policy recommendations.

Advocacy and Awareness:

These commissions engage in advocacy efforts to raise awareness about women's

rights, gender equality, and related issues.

They organize campaigns and events to promote social awareness and change attitudes
towards women.

Legal Aid and Support:

Women's commissions often provide legal aid and support to women who have faced
discrimination, violence, or other rights violations.

They assist women in accessing justice and navigating legal processes.

Training and Capacity Building:

Commissions offer training programs and capacity-building initiatives for various

stakeholders, including law enforcement agencies, to sensitize them towards women's
issues and improve their response to gender-based challenges.

Policy Recommendations:

Based on their research and findings, women's commissions make policy

recommendations to the government to address systemic gender disparities and create
a more gender-inclusive society.

Collaboration and Partnerships:

These commissions collaborate with various stakeholders, including NGOs, civil society
organizations, and other government bodies, to create a collective effort in promoting
women's rights and gender equality.

What is Understood by the Freedom of Religion?

About:

Every citizen is entitled with this right and liberty to preach, practice and propagate the
religion of his choice.

An opportunity is also provided by this right to spread it among everyone without any
fear of government intervention.

But also, it is expected by the state to practice it amicably within the jurisdiction of the
country.

Need:

India is home to people following different religions and having different faiths. As per
the Pew Research Centre 2021 data, there are 4,641,403 people who follow other
religions apart from the six major religions which are Hinduism, Jainism, Islam,
Buddhism, Sikhism, and Christianity.

So with such a diverse population, following different religions and beliefs, it becomes
necessary to protect and secure rights regarding the faith of each and every religion.

Secularism:

The 42nd Constitutional amendment in 1976 added the word ‘secular’ to the preamble
of the Constitution. India being a secular state, is a no state religion which means that it
follows no particular religion.

In Ahmedabad St. Xavier’s College v. State of Gujarat (1975), the SC held that
Secularism neither means anti-god nor pro-god. It just ensures that no one is
differentiated on the basis of religion eliminating the concept of God in matters of the
state.

Constitutional Provisions Related to Freedom of Religion:

Article 25: It imparts freedom of conscience and free profession, practice and
propagation of religion.

Article 26: It gives freedom to manage religious affairs.

Article 27: It sets freedom as to payment of taxes for promotion of any particular
religion.

Article 28: It gives freedom as to attendance at religious instruction or religious worship

in certain educational institutions.

What is Secularism?

Secularism means developing, understanding and respect for different religions. It is

believed that the word ‘Secularism’ has its origin in late medieval Europe. In 1948,
during the constituent assembly debate, a demand was made by the KT Shah to include
the word ‘Secular’ in the Preamble to the Constitution. The members of the assembly
though agreed to the secular nature of the constitution but it was not incorporated in
the Preamble. Later, in 1976 the Indira Gandhi government enacted the 42nd
Amendment Act and the word ‘Secular’ was added to the Preamble. The 42nd
Amendment Act also known as the ‘Mini Constitution’, is the most comprehensive
amendment to the Constitution.

S. R. Bommai v. Union of India, AIR 1994 SC 1918

The 9 judge bench, in this case, ruled that Secularism is the basic feature of the
Constitution of India. It also observed that religion and politics cannot be mixed
together. If the State follows unsecular policies or courses of action then it acts contrary
to the constitutional mandate. In a State, all are equal and should be treated equally.
Religion has no place in the matters of State. Freedom of religion as a fundamental right
is guaranteed to all persons in India but from the point of view of the State, religion,
faith, and belief are immaterial.

The features of Indian secularism are :

• The country accords all faiths with the same respect and consideration.
• There is no state-sponsored discrimination against residents based on their
religion.
• India agrees that the state should not interfere with any religion's operations.
• Moreover, India is a secular nation, so there is no connection between the state
and religion, according to the 42nd Constitutional Amendment of the Indian
 Constitution. Even though India respects various religions, it has no state
religion.

What are the Constitutional Provisions relating to Right of

Religion?/write to freedom of religion.
The concept of freedom of religion, also known as religious liberty, upholds the principle
of granting individuals or communities the freedom, whether in public or private
settings, to express their religious beliefs through teaching, practice, worship, and
observance. It encompasses the right not to adhere to any religious faith, commonly
called "freedom from religion." Freedom of religion is widely regarded as a fundamental
human right by many individuals and most nations. In a country with a state religion,
freedom of religion typically implies that the government allows the practice of religions
other than the state religion and does not persecute adherents of different faiths or
those who profess no faith at all.

History of Right to Freedom of Religion in India

• The history of the Right to Freedom of Religion in India dates back to its
constitution.
• India's Constitution, adopted in 1950, enshrines this fundamental right.
• It guarantees citizens the freedom to profess, practice, and propagate any
religion.
• This right reflects India's commitment to religious diversity.
• It aims to protect the rights of individuals to follow their faith without
discrimination.
• India's historical and cultural diversity necessitated such protection.
• The freedom of religion in India has faced various legal and social challenges.
• Court cases and debates have clarified the scope of this right.
• The Indian government has worked to uphold and protect religious freedom.
• India's approach to religious freedom has been influential in the global context.

Section III of the Indian Constitution provides and guarantees several essential rights.
Right to Freedom of religion is one of them. It is guaranteed under Articles 25 to 28 of
the Indian Constitution. Every citizen of India has the freedom to practice the religion
they want because India is secular. These articles offer:

Article 25 (Freedom of Conscience and free profession, propagation and practice of

religion)

Every individual has freedom of conscience.

Citizens can freely profess, propagate, and practice their religious beliefs.
In Tilkayat Govindlal Maharaj VS State of Rajasthan, the SC developed a test to decide
whether a practice is integral to the religion.

Article 26 (Freedom to Manage the Religious Affairs)

It gives religious denominations to establish and administer institutions for religious or

charitable purposes.

Subjects are also free to manage the institution's affairs per their religion.

Saifuddin Saheb v. State of Bombay AIR 1962 SC 853

In this case, the State of Bombay passed the Bombay Prevention of Excommunication
Act, 1949. Section 3 of this Act prevented the excommunication of the members of any
community. The petitioner (religious head of the Dawoodi-Bohra Community)
challenged the Act on the ground of violation of their fundamental rights guaranteed
under Article 25 and 26.

The Court observed that the power of Excommunication by the head formed the
essential affairs of the community and the Act clearly violated the fundamental right
under Article 25(1) of the Constitution. The Supreme Court held that the Act was
violative of Articles 25 and 26 and was therefore void.

Article 27 (Freedom from Paying any Taxes for Promotion of a Religion)

This article exempts an institution or individual from paying taxes on expenses incurred
to maintain or promoted their religion.

In the case of Commissioner, Hindu Religious Endowments, Madras v. Sri Lakshmindra

Thirtha Swamiar of Sri Shirur Mutt, the Madras legislature enacted the Madras Hindu
Religious and Charitable Endowment Act, 1951 and contributions were levied under the
Act. It was contended by the petitioner that the contributions levied are taxes and not a
fee and the state of madras is not competent to enact such a provision. It was held by
the Supreme Court that though the contribution levied was tax but the object of it was
for the proper administration of the religious institution.

Article 28 (Freedom to Attend Religious Instructions in Certain Educational Institutions)

Any person attending a state or state aided educational institution cannot be forced to
participate in religious activity on the premises.

Teaching of Guru-Nanak: D.A.V. College v. State of Punjab, (1971) 2 SCC 368

In this case, Section 4 of the Guru Nanak University (Amritsar) Act, 1969 which provided
that the state shall make provisions for the study of life and teachings of Guru Nanak
Deja was questioned as being violative of Article 28 of the Constitution. The question
that arose was that the Guru Nanak University is wholly maintained out of state funds
and Section 4 infringes Article 28. The court rejecting this held that Section 4 provides
for the academic study of the life and teachings of Guru Nanak and this cannot be
considered as religious instruction.

Education for value development based on all religions: Aruna Roy v. Union of India,
(2002) 7 SCC 368.

In this case, a PIL was filed under Article 32 wherein it was contended by the petitioner
that the National Curriculum Framework for School Education (NCFSE) which was
published by the National Council of Educational Research and Training is violative of
the provisions of the constitution. It was also contended that it was anti-secular and
was also without the consultation of the Central Advisory Board of Education and hence
it should be set aside. NCFSE provided education for value development relating to
basic human values, social justice, non-violence, self-discipline, compassion, etc. The
court ruled that there is no violation of Article 28 and there is also no prohibition to
study religious philosophy for having value-based life in a society.

The Right to freedom of Religion is one of the most vital fundamental rights enshrined in
our Constitution. The Constituent Assembly inserted these rights to assuage the
concerns of minorities who stayed back in India after the Partition. It also manifests the
Indian concept of secularism, which gives equal respect and dignity to all religions.
However, like other rights, the right to freedom of religion is not absolute, and citizens
must be careful about reasonable restrictions while exercising their rights.