The National Commission for Women submits a report to the Central Government annually and at such times as the Commission deems fit. The Central Government places such a report before the Parliament along with a memorandum explaining the action taken on the recommendations and reasons for non acceptance of any recommendation.

Challenges faced by National Commission for Women

According to a recent report of NCW there is a 30% increase (nearly 31000) in complaints registered with the Commission. This indicates the rate of increasing crime against women in India. Though provided with various powers, the Commission faces following challenges:

• Appointment procedure: Unlike other statutory bodies like NHRC, the members of the Commission are appointed by the Central Government. The qualifications provided in the act for Chairperson are not specific in nature. The appointment procedure also lacks transparency. For this, the Commission is criticised for appointment of persons with political affiliations. This provision affects the independence of the Commission.
• Lack of concrete powers:  Though provided with certain powers of investigation, the Commission is majorly provided with a mandate to recommend measures to the Government. It has no powers to enforce its decisions. It reduces the status of the Commission merely as a recommendatory body.
• Lack of powers related to private entities:  Recently, the NCW has asked all states to ensure strict implementation of Sexual Harassment at Workplace Act. However, The Commission is restricted in investigating the functioning of the Internal Complaint Committee of the companies to check harassment of women at workplaces.
• Lack of say in policy making: As the NCW Act, 1990 provided that the Central Government should consult the Commission while making policies related to women. However, it has been alleged by some women rights activists that the Commission is informed later about actions that have already been taken and have little say at the policy formulation stage.
• Lack of sensitization of members: In several cases it has been alleged that the members of the NCW themselves make controversial statements regarding late night hours of working for women, role of attire in cases of rapes etc. this shows lack of sensitization among the members of the Commission which itself is a protector and promoter of the women’s rights in India.
• Lack of funding and independent staff: The Commission is not provided with any independent staff and machinery. It also lacks adequate budgetary allocations and financial autonomy, as it depends upon the grants provided by the Central government. Such administrative and financial challenges affect its seamless functioning. E.g. According to the study of the Centre for Women’s Development Studies, the Department of Women and Child Development constantly keeps a check on the Commission both administratively and financially, affecting its autonomy.

Constitutional status to National Commission for Women- way ahead

The Prime Minister recently stated that as the needs of women in the country are evolving and the crimes against women are increasing, the scope of NCW must be extended. Many experts have suggested that providing Constitutional status to the Commission is the need of the hour.

Significance of Constitutional status to National Commission for Women

• In sync with Constitutional provisions: As the Constitution itself talks about equality of status and opportunity and upliftment of the vulnerable, providing Constitutional status to the Commission will make it in sync with the constitutional values and provide more credibility to the Commission in the eyes of citizens.
• Transparency in appointment: Once the Commission is provided with Constitutional status, the appointment procedure, qualifications of members etc. will be mentioned in the Constitution. Such provision can reduce the discretion of the Government and will help in bringing transparency and accountability in the appointment procedure of the Commission.
• Independence of the Commission: The Constitutional status to the Commission can provide more powers to the Commission in investigations and inquiries. It will also provide security of tenure to the members and put forward a Constitutional obligation on them to serve their mandate. This will result in independent and efficient functioning of the Commission.
• Reports of the Commission:  Currently, the reports of the Commission are not presented in the Parliament on time. Such reports of the Commission will be presented in the Parliament by the President under Constitutional status. This will put forward the women related issues in the Parliament more effectively.

However, the Constitutional status alone will not serve the purpose. At many instances it has been observed that the interventions by the NCW in various cases have been unsatisfactory. The Commission was not able to utilise the powers mandated under the statute. E.g. in Hathras rape case (2020), the former Chairperson of the NCW criticised the Commission for its inefficient functioning.

Therefore, along with Constitutional status, the NCW itself needs some reforms like sensitization of members of the Commission, more proactive role during investigations and timely disposal of complaints to ensure speedy justice.

Conclusion

In making India a developed country by 2047, women will play an equally important role. Hence, the National Commission for women should realise that is not expected to act only as a watchdog for injustices against women, but should also reimaging its functions as a think tank and facilitate the empowerment of women across the country, to realise the Sustainable Development Goal-5 ( Gender Equality) and objectives of Equality enshrined in our Constitution.