1.

INTRODUCTION1
It is often said that the status and position of women in society is the best way to understand a civilisation, its progress and its shortcomings. In case of India, women have come a long way from women sages and scholars in the Rig Vedic period to women in the armed forces, IT sector, politics ,industry and other significant areas while balancing their role as a daughter, wife and mother. This journey towards modernization has not been easy. Women have had to fight the traditional Indian male-dominated society to emerge as stronger and independent entities. While all these are positive developments, cases of rape, harassment at workplace and dowry deaths are rampant. Illiteracy and ignorance about their rights are still prevalent among a majority of the women. It was in this background that the Committee on the Status of Women in India (CSWI ) recommended nearly two decades ago, the setting up of a National Commission for Women to fulfill the surveillance functions to facilitate redressal of grievances and to accelerate the socio-economic development of women. In January 1992, the National Commission for Women (NCW), was set up as a statutory body under the National Commission for Women Act, 1990 ( Act No. 20 of 1990 of Govt.of India ) to review the constitutional and legal safeguards for women; recommend remedial legislative measures, facilitate redressal of grievances and advise the Government on all policy matters affecting women. As the problem of violence against women is multifaceted, the NCW has adopted a multi-pronged strategy to tackle the problem. The Commission has initiated generation of legal awareness among women, thus equipping them with the knowledge of their legal rights and with a capacity to use these rights. It assists women in redressal of their grievances through pre-litigation services. To facilitate speedy delivery of justice to women Parivarik Mahila Lok Adalats are organized in different parts of the country to review the existing provisions of the Constitution and other laws affecting women and recommending amendments thereto, any lacunae, inadequacies or shortcomings in such legislations. It organises promotional activities to mobilise women and get information about their status and recommend paradigm shift in the empowerment of women.The Complaints and Counselling Cell of the commission processes the complaints received oral, written or suo moto under Section 20 of the NCW Act. The complaints received relate to domestic violence, harassment, dowry, torture, desertion, bigamy, rape, refusal to register FIR, cruelty by husband, deprivation, gender discrimination and sexual harassment at work place.

National Commission For Women: http://pib.nic.in/feature/feyr2002/fmar2002/f050320021.html

NCW tackles the problems by ensuring that investigations by the police are expedited and monitored. Family disputes are resolved or compromised through counselling. As per the 1997 Supreme Court Judgement on Sexual Harassment at Workplace, ( Vishakha Vs. State of Rajasthan ) every employer is required to provide for effective complaints procedures and remedies including awarding of compensation to women victims. In sexual harassment complaints, the concerned organisations are urged to expedite cases and the disposal is monitored. For serious crimes, the Commission constitutes an Inquiry Committee which makes spot enquiries,examines various witnesses, collects evidence and submits the report with recommendations. The implementation of the report is monitored by the NCW. The complaints received by the NCW show the trend of crimes against women and suggests systemic changes needed for reducing them. The complaints are analysed to understand the gaps in the routine functioning of government in tackling violence against women and to suggest correctional measures. The complaints are also used as case studies for sensitization programmes for the police, judiciary, prosecutors, forensic scientists, defence lawyers and other administrative functionaries. From time to time the Commission conducts seminars, workshops and conferences and sponsors such events by providing financial assistance to research organisations and NGOs. The important areas so far covered include women in detention, violence against women; sexual harassment at work place; educational, health and employment aspects; women in agriculture and panchayati raj sector; custodial justice and mental health institutions. The NCW holds public hearings on issues affecting large sections of women such as crime against women, women in unorganised labour sector, women in agriculture and women of minority groups. The deposition at these enquiries helps in appreciating the problems and initiating remedial action. As a measure of arousing public awareness and breaking bureaucratic apathy, public hearings under vigilant activists like Justice V.R. Krishna Iyer and Swami Agnivesh were held to understand problems and expedite solutions in the case of Kol women of Bundelhekhand; deserted women of hill districts in U.P., rape case of girl children of Tamil Nadu , unorganised women labour and minority communities of Tamil Nadu; creche workers enquiry and tribal women of Dindigul, Tamil Nadu. Special studies are conducted by the NCW on social mobilisation, maintenance and divorced women, panchayat raj in action, women labour under contract, gender bias in judicial decisions, family courts, gender-component in various Commissions reports on women, violence against
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women, womens access to health and education in slums to help in formulation of NCWs policies for recommendations. Special studies of NCW focus on development of health facilities among women belonging to the scheduled tribe communities; women of weaker sections - socio-economic development of scheduled caste women; mentally disabled women; credit needs of women - the Gramin Banks and the widows of Vrindavan. The NCW also constitutes Expert Committees for dealing with such special issues as may be taken up by the Commission from time to time. Some important issues taken up by the NCW include sexual harassment at workplace, women in detention, anti-arrack movement, issues concerning prostitution and political and technological empowerment of women in agriculture. To meet the information needs of the Commission and various interested individuals and organisations, the NCW started its own Library in 1994. It has now evolved as a de facto Resource Centre for research scholars/ activists with a collection of nearly 2300 books covering different issues relating to womens advancement.Besides, the library collection includes important reference books, like encyclopedia, Directories of NGOs as well as the complete set of Halsburys Laws of England ( 4th Edition ). Besides publishing its own books from time to time, the NCW also sponsors research studies on various aspects concerning women issues and helps in getting them published. Nearly a hundred publications, both in English and Hindi, have so far been published.

2. NATIONAL COMMISSION FOR WOMEN ACT, 1990 NO. 20 OF 1990

An Act to constitute a National Commission for Women and to provide for matters connected therewith or incidental thereto. Be it enacted by Parliament in the Forty-first Year of the Republic of India as follows:-2.1 PRELIMINARY 1. Short title, extent and commencement.--(1 ) This Act may be called the National Commission for Women Act, 1990. (2) It extends to the whole of India except the State of Jammu and Kashmir. (3) It shall come into force on such date? as the Central Government may, by notification in the Official Gazette, appoint. 2. Definitions.In this Act, unless the context otherwise requires,

(a) "Commission" means the National Commission for Women constituted under section 3; (b) "Member" means a Member of the Commission and includes the Member-Secretary; (c) "prescribed" means prescribed by rules made under this Act. 2.2 THE NATIONAL COMMISSION FOR WOMEN 3. Constitution of the National Commission for Women.

(1) The Central Government shall constitute2 a body to be known as the National Commission for Women to exercise the powers conferred on, and to perform the functions assigned to, it under this Act. (2) The Commission shall consist of (a) a Chairperson, committed to the cause of women, to be nominated by the Central Government; (b) five Members to be nominated by the Central Government from amongst persons of ability, integrity and standing who have had experience in law or legislation, trade unionism, management of an industry or organisation committed to increasing the employment potential of women, women's voluntary organisations (including women activists), administration, economic development, health, education or social welfare;
2 The National Commission for Women was constituted on 31.1.1992, vide Notification No. S.O. 100 (E), dated 31.1.1992.

Provided that at least one Member each shall be from amongst persons belonging to the Scheduled Castes and Scheduled Tribes respectively; (c) a Member-Secretary to be nominated by the Central Government, who shall be~ (i) an expert in the field of management, organisational structure or sociological movement, or 1. 2. The Act received the assent of the President on 30.8.1990. The Act came into torce on 31.1.1992, vide Notification No-. S.O. 99 (E), dated 31.1.1992.

(ii) an officer who is a member of a civil service of the Union or of an all-India service or holds a civil post under trn Union with appropriate experience. 4. Term of office and conditions of service of Chairperson and Members.-(l) The Chairperson and every Member shall hold office for such period, not exceeding three years, as may be specified by the Central Government in this behalf. (2) The Chairperson or a Member (other than the Member-Secretary who is a member of a civil service of the Union or of an all-India service or holds a civil post under the Union) may, by writing and addressed to the Central Government, resign from the office of Chairperson or, as the case may be, of the Member at any time. (3) The Central Government shall remove a person from the office of Chairperson or a Member referred to in subsection (2) if that person(a) becomes an undischarged insolvent; (b) gets convicted and sentenced to imprisonment for an offence which in the opinion of the Central - Government involves moral turpitude; (c) becomes of unsound mind and stands so declared by a competent court; (d) refuses to act or becomes incapable of acting; (e) is, without obtaining leave of absence from the Commission, absent from three consecutive meetings of the Commission; or (f) in the opinion of the Central Government has so abused the position of Chairperson or Member as to render that person's continuance in office detrimental to the public interest; Provided that no person shall be removed under this clause until that person has been given a reasonable opportunity of being heard in the matter.
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(4) (5)

A vacancy caused under sub-section (2) or otherwise shall be filled by fresh nomination, The salaries and allowances payable to, and the other terms and conditions of service of, the Chairperson and Members shall be such as may be prescribed.3

5.

Officers and other employees of the Commission.-(1 ) The Central Government shall provide the Commission with such officers and employees as may be necessary for the efficient performance of the functions of the Commission under this Act.

(2) The salaries and allowances payable to, and the other terms and conditions of service of, the officers and other employees appointed for the purpose of the Commission shall be such as may be prescribed. 6. Salaries and allowances to be paid out of grants.-The salaries and allowances payable to the Chairperson and Members and the administrative expenses, including salaries, allowances and pensions payable to the officers and other employees referred to in section 5, shall be paid out of the grants referred to in subsection (1) of section 11. 7. Vacancies etc., not to invalidate proceedings of the Commission.--No act or proceeding of the Commission shall be questioned or shall be invalid on the ground merely of the existence of any vacancy or defect in the constitution of the Commission. 8. Committees of the Commission.- (1) The Commission may appoint such committees as may be necessary for dealing with such special issues as may be taken up by the Commission from time to time. (2) The Commission shall have the power to co-opt as members of any committee appointed under subsection (1 ) such number of persons, who are not Members of the Commission, as it may think fit and the persons so co-opted shall have the right to attend the meetings of the committee and take part in its proceedings but shall not have the right to vote. (3) The persons so co-opted shall be entitled to receive such allowances for attending the meetings of the committee as may be prescribed.1

3 The National Commission for Women (Salaries and Allowances of Chairperson and Members) Rules, 1992 [GS R. 74 (E). dated 31 1.1992]. The National Commission for Women (Allowances Payable to Co-opted Members) Rules, 1992 [G.S.R. 118(E). dated 21.2.1992].

9.

Procedure to be regulated by the Commisslon.-(1 ) The Commission or a committee thereof shall meet as and when necessary and shall meet at such time and place as the Chairperson may think fit.

(2) The Commission shall regulate its own procedure and the procedure of the Committees thereof. (3) All orders and decisions of the Commission shall be authenticated by the Member-Secretary or any other officer of the Commission duly authorised by the Member-Secretary in this behalf. 2.3 FUNCTIONS OF THE COMMISSION 10. Functions of the Commission.--(1 ) The Commission shall perform all or any of the following functions, namely:-(a) investigate and examine all matters relating to the safeguards provided for women under the Constitution and other laws; (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; (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; (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; (e) take up the cases of violation of the provisions of the Constitution and of other laws relating to women with the appropriate authorities; (f) look into complaints and take suo moto notice of matters relating to:(i) deprivation of women's rights; (ii) non-implementation of laws enacted to provide protection to women and also to achieve the objective of equality and development; (iii) non-compliance of policy decisions, guidelines or instructions aimed at mitigating hardships and ensuring welfare and providing relief to women, and take up the issues arising out of such matters with appropriate authorities;
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(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; (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; (i) participate and advise on the planning process of socio-economic development of women; (j) evaluate the progress of the development of women under the Union and any State; (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; (I) 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 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 relates 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 sub-clause (i) of clause (0 of sub-section (I), 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 (0 any other matter which may be prescribed.

2.4 FINANCE, ACCOUNTS AND AUDIT 11. Grants by the Central Government.--(1 ) The Central Government shall, after due appropriation made by Parliament by law in this behalf, pay to the Commission by way of grants such sums of money as the Central Government may think fit fbr being utilised for the purposes of this Act. (2) The Commission may spend such sums as it thinks fit for performing the functions under this Act, and such sums shall be treated as expenditure payable out of the grants referred to in sub-section (1). 12. Accounts and audit-(1 ) The Commission shall maintain proper accounts and other relevant records and prepare an annual statement of accounts in such form as may be prescribed by the Central Government in consultation with the Comptroller and Auditor-General of India. (2) The accounts of the Commission shall be audited by the Comptroller and Auditor-General at such intervals as may be specified by him and any expenditure incurred in connection with such audit shall be payable by the Commission to the Comptroller and Auditor-General. The Comptroller and Auditor-General and any person appointed by him in connection with the audit of the accounts of the Commission under this Act shall have the same rights and privileges and the authority in connection with such audit as the Comptroller and Auditor-General generally has in connection with the audit of Government accounts and, in particular, shall have the right to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect any of the offices of the Commission.

3. SEXUAL VIOLENCE ON WOMEN IN GUJARAT GENOCIDE 2002 AND THE COMMISSION

While this process of deliberations and working on the draft of the bill was on, the Gujarat riots 2002 happened, wherein sexual violence unleashed on women was not only unprecedented both in scale and barbarism it also had the support and protection of the state government. Gujarat riots once again brought home the limitations of the present legal remedies as report after report pointed out that rape was not the only form of sexual assault and the incidents were not just random, impulsive or isolated incidents. They were widespread and preplanned. In any case the fact of complicity of state agencies either actively supporting or protecting the assaulters was one reason why the existing legal remedies could not be effectively used and very few women came up to file the complaints. Again the two laws that could be used in the cases of sexual violence committed in Gujarat were sections 375 and 376 for rape and section 354 for outraging the modesty of a woman. While the definition of rape included only assault in the form of penile penetration, all other forms of assault came under outrage of modesty, that entailed a much milder punishment because the crime is understood to be much less grave. Many civil rights and womens groups and concerned citizens groups that came together after the riots, made concerted efforts to raise the issue of sexual violence in situations of mass violence and emphasized that the laws, criminal procedures and evidentiary requirements need to reflect a more nuanced understanding of the coerciveness of such circumstances in order to effectively investigate and prosecute crimes of sexual violence. Working with the victims of sexual violence in Gujarat, womens groups actually took forward the debate on the issue of inadequacy of legal remedies in individual cases sexual violence in non-conflict situations to situation of mass violence where sexual violence is targeted and used as a core strategy to destroy the other. A belated and lukewarm response of the NCW and silence of the state and central governments on the whole issue was very frustrating. The Commission sent its team to Gujarat after about fifty days of continuous violence. The report that was released almost after two months focused mainly on the police excesses, poor conditions of relief camps and insufficient relief and apathy of society towards the plight of the victims. The report was totally silent on the involvement of the state government and administration during the riots where one community was targeted with impunity. The report not only failed to criticize the role of the state government in its support to large scale violence, there was also a deliberate omission to mention the minority community angle of the violence and the manner in which the women of Muslim

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community were targeted.4 In fact the terms of reference of the Committee constituted to look into the matter had already mentioned that the committee would particularly focus on the adequacy and efficacy of relief and rehabilitation measures for women and children in the affected areas. Not surprisingly then the Commission's report was mostly concerned about the relief and rehabilitation aspect and the need for civil society measures to instill confidence amongst women. The report was just an account of bland observations of the members of the Committee without analyzing the issue in its political context. Womens groups who have time and again been showing their dissatisfaction on the manner of functioning of the NCW almost unanimously felt that they have been let down by the Commission in case of Gujarat. 5 The manner of response by the Commission in the above cases also needs to be seen in the context of the Commission's autonomy, an issue that has been taken up in the context of functioning of the Commission.

Report of the National Commission for Women on the Status of Women and Children in Gujarat Interviews with members of various women's organizations

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RECOMMENDATIONS
The Commission has not asserted itself for non acceptance of its recommendations.

A highly bureaucratic structure. Need to network more with the womens groups. NCW can/should have made effective interventions in areas like short stay homes, shelters, childcare facilities etc.

Legal section needs to be strengthened

Lack of Vision. There are no defined goals. No system has been developed to work towards any defined goals and so there is no continuity.

Intervening agency between government and the womens groups

Inadequate term (Some raised the issue of compatible team.)

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CONCLUSIONS
The need for a national level body to raise women issues and to make effective interventions at the law and policy making levels with a view to ensure governmental accountability towards issues concerning women was the raison detre for the demand for a National commission for Women. For womens groups it was to be a mechanism that would act as a conduit between them and the state, to articulate a voice and opinion that is strongly pro-women around which mobilization of the larger lobbies and constituencies can take place outside the state space. Clearly, the women's groups visualized such a mechanism very differently and they had high expectations from it. It is important to point out that the creation of the NCW unlike many other such bodies is closely tied up with the interventions of women's movements that tried to influence the decisions relating to the powers and positions as well as the role envisaged for the institution. Thus though created by the state, the Commission would still remain outside the Government and was expected to ensure that the state carries out its responsibility towards the poor, marginalized and deprived women, to ensure that the constitutional goal of equality is translated into practice and to ensure that women's perspectives and their lived experiences are incorporated in the policies of the government Since the performance of these roles required the Commission to work as a monitoring and watchdog body over the executive and legislative wings of government, it was essential that the Commission is an autonomous body. Though the demand for a national Commission was originally raised in 1974, by the time it was established in 1992, the country had witnessed not only a vibrant women's movement that focused its demands on the state asking for state accountability, but the period also witnessed two other major processes. One was a steady decline of institutions of governance and the other being a gradual withdrawal of the state from social sectors under the processes of liberalization and globalisation. It was for these reasons that some women's groups and activists expressed their reservations at the time of the setting up of such a body. Many of them quoted the examples of other such national Commissions meant for the oppressed and marginalised sections of such as the Scheduled Castes and Tribes, which were expected to work as autonomous institutions have been reduced to weak and ineffective bodies. The governments overtime havenot given any serious consideration to their recommendations. The present picture of the NCW indicates that though the Commission was created with a lot of hope and expectation on the part of the women's movements, it has not lived up to these expectations. As the Commission stands today, though it needs both support and legitimacy for its work from the women's organizations, the fact of the matter is that it stands distanced from them. The organizations feel disappointed and frustrated over the functioning of the Commission for a range of reasons and it
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is noteworthy that the organizations had started raising their concerns within a year of the Commission's working, through letters written to the Commission. There were complaints and dissatisfaction over the manner of response of the NCW over various issues that has been at variance with their feminist politics, over the fact that the Commission has been ignored by the government on policy issues and over the ad hoc manner in which the women's groups have generally been asked be part of any consultative process. The most important issue has been with regard to the status and autonomy of the Commission resulting from its position as stipulated in the Act.

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BIBLIOGRAPHY

National Commission For Women: http://pib.nic.in/feature/feyr2002/fmar2002/f050320021.html

The National Commission for Women was constituted on 31.1.1992, vide Notification No. S.O. 100 (E), dated 31.1.1992.

The National Commission for Women (Salaries and Allowances of Chairperson and Members) Rules, 1992 [GSR. 74 (E). dated 31 1.1992].

The National Commission for Women (Allowances Payable to Co-opted Members) Rules, 1992 [G.S.R. 118(E). dated 21.2.1992].

Report of the National Commission for Women on the Status of Women and Children in Gujarat

Interviews with members of various women's organizations

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