From freedom fighters to holding the highest office of the country, women have always played a crucial role in the development journey of India. Hence, a statutory National Commission is provided under National Commission for Women Act, 1990 to safeguard and promote the provisions securing their overall development.

 National Commission for Women Background

• Committee on the status of Women: In 1971, the Ministry of Education and Social Welfare appointed the Committee on status of Women in India. The committee recommended the constitution of a Commission to redress the grievances of women.
• National Perspective Plan (NPP) for Women: Various committees and plans including NPP for women (1988-2000) recommended establishing an apex body to promote the interests of the women.
• Statutory National Commission: In 1990, National Commission for Women Act (NCW Act) was passed which provided for the constitution of a statutory National Commission for Women.

The first National Commission for Women was established on January 31, 1992, with Mrs. Jayanti Patnaik as its chairperson.

Appointment and Composition of National Commission for Women

The Chairperson and members of the NCW are nominated by the Central Government. The Commission consists of:

• A Chairperson,
• Five other members to be nominated by the Central Government, and
• A member Secretary.

Qualifications and Tenure of National Commission for Women

• For Chairman: According to the NCW Act, 1990 the Chairperson of the Commission should be a person committed to the cause of Women.
• For members: Five members are appointed by the Central Government from amongst persons of ability, integrity and standing having experience in law, management of industries,  economic development, education, health or social welfare.
• At least one member should be selected from individuals belonging to Scheduled Castes or Scheduled Tribes.
• The member Secretary nominated by the Central Government should be an expert in the field of management or sociological movement or hold a post of civil servant under the Central Government.

The Chairperson and the members hold office for a period of three years from the date of their appointment.

Removal of the members of National Commission for Women

The Chairperson or any other member of the Commission can be removed by the Central Government on following grounds:

• He/she is an undischarged insolvent.
• He/she gets convicted and sentenced to imprisonment for an offence which in the opinion of the Central Government involves moral turpitude.
• He/she is of unsound mind and body declared by a competent Court. 
• He/she refuses to act or become incapable of acting.
• He/she without obtaining leave from Commission, remains absent for three consecutive meetings.

Functions and powers of National Commission for Women

With a mandate to ensure empowerment of the women, following functions are performed by NCW:

• Investigation and examination: The National Commission for Women looks into all matters concerning protections for women under the Constitution and various laws. 

The Commission reviews complaints regarding:      

1. Deprivation of Women’s rights.
2. The failure to implement laws aimed at protecting women.  
3. The disregard for policy decisions or guidelines intended for the welfare of women.

• Suo-motu actions: The Commission is empowered to take Suo-motu cognisance of any matter on reasonable grounds.
• Specific studies and inquiry: The Commission conducts special studies and inquiry in cases of discrimination and atrocities against women and identifies the constraints in implementation of available measures.
• Inspection: The Commission also inspects jails or remand homes where women are kept as prisoners to examine the condition of such places and suggest remedial measures.

• Recommendatory and advisory role: The Central Government is required to consult the NCW on all major policy decisions related to women. The Commission additionally makes suggestions in its reports on how to effectively apply the protections to enhance women’s conditions. The Commission also engages in the planning of socio-economic development initiatives for women.

• Promotion and Research: The Commission undertakes promotional and educational research to propose ways to enhance women’s representation in all societal areas and identify the challenges they face.
• Quasi judicial Function: As per NCW Act, 1990, NCW has power to regulate its own procedure. Thus, while investigating a matter, the Commission possesses all the powers of a civil court in these respects:
  • Commission can summon any individual from any location in India and ensure their attendance. 
  • The Commission can request any evidence, documents, and public records from courts or offices.