Lok Sabha Question No. 1323 (UNSTARRED), answered on 2018-02-09
Subject: Powers to National Commission for Women
Ministry: WOMEN AND CHILD DEVELOPMENT
Asked by: HEMANT TUKARAM GODSE

## GOVERNMENT OF INDIA MINISTRY OF WOMEN AND CHILD DEVELOPMENT

## LOK  SABHA UNSTARRED QUESTION NO.1323

TO BE ANSWERED ON 09.02.2018

## POWERS TO NATIONAL COMMISSION FOR WOMEN

## 1323.   SHRI GODSE HEMANT TUKARAM:

Will the Minister of WOMEN AND CHILD DEVELOPMENT be pleased to state:

- (a) whether  the  Government  proposes  to  make  the  National  Commission  for  Women (NCW) at  par  with  NHRC  in  the  wake  of  growing  violence  against  women  and  girl children in the country;
- (b) if so, the details thereof; and
- (c) the measures taken by the Government to give more power to the NCW to make it more effective in dealing with cases relating to violence against women?

## ANSWER

## MINISTER OF STATE IN THE MINISTRY OF WOMEN AND CHILD DEVELOPMENT (DR. VIRENDRA  KUMAR)

- (a) to  (c):  No,  Madam.  The  National  Commission  for  Women  (NCW)  draws  its  powers under the National Commission for Women Act, 1990. The functions entrusted to the Commission  and  powers  vested  in  the  Commission  are  detailed  in  Section  10  of  the National  Commission  for  Women  Act,  1990.  Relevant  extracts  of  the  Section  are  at Annexure. The  National  Commission  for  Women  has  adequate  powers  to  fulfill  its mandate. In accordance with its mandate, the Commission is playing a constructive role in empowering women and improving their socio-economic conditions. Accordingly no changes are envisaged in the powers and authority of the Commission at this stage.

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## CHAPTER-III

## FUNCTIONS OF THE COMMISSION

## Section 10 in the National Commission for Women Act, 1990

10. Functions of the Commission.-
- (1) The Commission shall perform all or any of the following functions, namely:-
3. (a) investigate and examine all matters relating to the safeguards provided for women under the Constitution and other laws;
4. (b) present  to  the  Central  Government,  annually  and  at  such  other  times  as  the Commission may deem fit, reports upon the working of those safeguards;
5. (c) make in such reports recommendations for the effective implementation of those safeguards for improving the conditions of women by the Union or any State;
6. (d) review, from time to time, the existing 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;
7. (e) take up the cases of violation of the provisions of the Constitution and of other laws relating to women with the appropriate authorities;
8. (f) look into complaints and take suo moto notice of matters relating to-
9. (i) deprivation of women's rights;
10. (ii) non-implementation of laws enacted to provide protection to women and also to achieve the objective of equality and development;
11. (iii) non-compliance  of  policy  decisions,  guidelines  or  instructions  aimed  at mitigating hardships and ensuring welfare and providing relief to women,
12. (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;
13. (h) 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;
14. (i) participate and advise on the planning process of socio-economic development of women;
15. (j) evaluate  the  progress  of  the  development  of  women  under  the  Union  and  any State;

## Annexure

- (k) inspect or cause to be 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;
- (l) fund litigation involving issues affecting a large body of women;
- (m) make periodical  reports  to  the  Government  on  any  matter  pertaining  to  women and in particular various difficulties under which women toil;
- (n) any other matter which may be referred to it by the Central Government.
- (2) The Central Government shall cause all the reports referred to in clause (b) of sub-section (1) to be laid before each House of Parliament along with a memorandum explaining the action taken or proposed to be taken on the recommendations relating to the Union and the reasons for the non-acceptance, if any, of any of such recommendations.
- (3) Where  any  such  report  or  any  part  thereof  relate  to  any  matter  with  which  any  State Government is concerned, the Commission shall forward a copy of such report or part to such State Government who shall cause it to be laid before the Legislature of the State along  with  a  memorandum explaining the action taken or proposed to  be taken on the recommendations relating to the State and the reasons for the non-acceptance, if any, of any of such recommendations.
- (4) The Commission shall, while investigating any matter referred to in clause (a) or subclause  (f)  of  sub-section  (1),  have  all  the  powers  of  a  civil  court  trying  a  suit  and,  in particular, in respect of the following matters, namely:-
- (a) summoning and enforcing the attendance of any person from any part of India and examining him on oath;
- (b) requiring the discovery and production of any document;
- (c) receiving evidence on affidavits;
- (d) requisitioning any public record or copy thereof from any court or office;
- (e) issuing commissions for the examination of witnesses and documents; and
- (f) any other matter which may be prescribed.

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