Human Rights Law

Assignment
Sub: Role of Woman's Commission in assuring Human Rights

Submitted By,
Jash C James
Roll No. 39
5/9th B.B.A, LL.B
 Introduction

The National Commission for Women (NCW) in India stands as a pivotal institution dedicated

to championing the rights and welfare of women throughout the country. Established in 1992

under the National Commission for Women Act, the NCW operates as a statutory body with

the primary mission of addressing and resolving issues related to gender discrimination,

violence against women, and the broader spectrum of women's human rights. With its

headquarters in New Delhi and regional offices spread across the nation, the NCW plays a

pivotal role in shaping policies, advocating for gender equality, conducting investigations, and

providing support to women facing human rights violations. Through its unwavering

commitment and multifaceted approach, the NCW strives to empower women, eradicate

gender-based injustices, and create a more inclusive and equitable society where women's

rights are recognized, protected, and upheld.

The National Commission for Women (NCW) in India stands as a prominent institution

dedicated to the protection and promotion of women's rights and gender equality across the

nation. Established in 1992 under the National Commission for Women Act, this statutory body

holds a pivotal role in addressing various issues pertaining to women's welfare, empowerment,

and their broader human rights. The NCW operates with a steadfast commitment to eliminating

gender-based discrimination, violence, and inequalities that persist in Indian society. With its

headquarters in New Delhi and regional offices spread across the country, it acts as a catalyst

for change, working tirelessly to secure the rights and dignity of women.

The NCW's multifaceted mission encompasses a range of critical roles and responsibilities.

Foremost among these is its engagement in policy formulation, actively shaping the legal and

regulatory landscape to advance women's rights. The commission provides valuable insights

and recommendations to lawmakers, ensuring that policies align with international human

rights standards and address the evolving challenges women face.

Following are some of its key roles in this regard:

• Policy Formulation

• Advocacy

• Investigation and Research

• Legal Support

• Awareness and Education

• Emergency Response

• Public Hearings
• Policy Formulation

The NCW actively engages in the development of policies and legislation that are

aligned with international human rights standards. By providing valuable input and

expertise, the commission helps shape laws and regulations that address issues like

gender-based discrimination, violence against women, and inequality. This proactive

involvement in policy development is crucial in creating an environment where

women's human rights are recognized, protected, and upheld, contributing significantly

to the advancement of gender equality and women's empowerment in India.

• Advocacy

The NCW serves as a powerful advocate for women's rights, vigorously promoting

gender equality and fighting against discrimination and violence. It raises awareness

about women's issues, organizes campaigns, and engages in public discourse to

influence societal perceptions and government policies. By amplifying the voices of

women and championing their rights, the NCW acts as a catalyst for change, striving

to eliminate gender-based inequalities and protect women's human rights. Through its

tireless advocacy efforts, the commission contributes significantly to creating a more

equitable and just society for women in India.

• Investigation and Research

The NCW conducts in-depth investigations into cases of gender-based discrimination,

violence, and human rights violations against women. Through these investigations, it

gathers critical evidence, identifies systemic issues, and works to bring perpetrators to

justice. Furthermore, the commission conducts research to analyze emerging trends and
 issues affecting women's rights, providing data-driven insights to inform policy

changes and legal reforms. This commitment to investigation and research empowers

the NCW to address human rights violations effectively and advocate for lasting

systemic changes in favour of gender equality and women's empowerment.

• Legal Support

It serves as a crucial resource for women who have faced human rights violations by

offering guidance on legal procedures, connecting them with legal experts, and

facilitating access to justice. This support empowers women to seek redressal for

injustices they have endured, including cases of domestic violence, harassment, or

discrimination. By ensuring that women are aware of their legal rights and providing

assistance when needed, the NCW contributes to upholding human rights, especially

those of women, and fosters an environment where justice prevails, and perpetrators

are held accountable. The activities of this cell can be divided into three categories:

(a) Legal Amendments: The Commission's mandate requires that it analyze and

improve existing laws from time to time. The Commission has proposed sixteen

amendments till date The commission has sought to amend the Indian Penal Code, 1860

in order to curb the sale of minor girls; the Hindu Marriage Act, 1955, in order to omit

epilepsy as grounds for divorce; the Dowry Prohibition Act of 1961, in order to bring

the problems of Dowry deaths in to the lime light and deal with them appropriately and

the NCW Act, 1990, in order to gain greater autonomy and jurisdiction within the

country. In addition to these there are a number of other Acts and Bills, which the

Commission has sought to, amend but due to the paucity of space the researcher is

unable to discuss them here.

a total of seven bills and has drafted one convention for SAARC relating to trafficking

of women and children. Amongst other bills the Commission proposed the Marriage

Bill, 1994; the Criminal Laws (Amendment) Bill, 1994 (with reference to child rape);

the Criminal Laws (Amendment) Ordinance, 1996 and the Domestic Violence to

Women (Prevention) bill, 1994. The Protection of Women from Domestic Violence

Bill was passed in 2005.

(c) Court Intervention: The Commission has intervened in numerous court cases, in

order help women whose rights have been violated, of these cases the researcher will

only be able to mention few of the more prominent ones. The Commission intervened

in Bhateri gang rape case and supported the victim and provided for her protection. In

the Maimon Baskari's Nuh case the Commission fought for the right of the victim to

marry a person of her own choice and against out dated customs. In the matter of

Fakhruddin Mubarak Shaik v. Jaitunbi Mubarak Shaik the Commission intervened to

seek maintenance beyond the iddat period for Muslim women. The Commission was

also partly responsible the actions taken in the Imrana and Marine Drive rape cases.

• Awareness and Education

The commission actively engages in raising awareness about women's rights, gender

equality, and related issues through public campaigns, workshops, seminars, and

educational programs. By educating both women and society at large about their rights

and the importance of gender equality, the NCW empowers individuals to recognize

and stand up against human rights violations. These efforts also contribute to changing

societal attitudes and behaviors, ultimately fostering an environment where human

violence are actively combated.

• Emergency Response

In cases of immediate danger or threats to women's safety, such as domestic violence,

harassment, or trafficking, the NCW provides vital emergency assistance. This

assistance can include offering shelter, legal aid, counseling, and ensuring that law

enforcement agencies intervene promptly to protect the rights and safety of women in

distress. By offering timely and effective emergency responses, the NCW not only

safeguards the human rights of women but also sends a strong message that such

violations will not be tolerated, promoting a culture of accountability and protection of

human rights.

• Public Hearings

These hearings provide a platform for women and other stakeholders to voice their

concerns, share their experiences, and express grievances related to human rights

violations, gender-based discrimination, and violence against women. By actively

engaging with the public and listening to their testimonies, the NCW gains valuable

insights into the ground realities and challenges faced by women. This feedback

informs the commission's recommendations, advocacy efforts, and policy changes,

ensuring that human rights issues are addressed effectively and inclusively, and that the

voices of those affected are heard and considered in the decision-making process.
 Conclusion

In conclusion, the National Commission for Women (NCW) in India stands as a beacon of

hope and progress in the quest for gender equality and women's empowerment. Its multifaceted

roles encompass policy formulation, advocacy, investigation, legal support, emergency

response, and public engagement, all aimed at safeguarding and advancing the human rights of

women. By actively addressing issues of gender-based discrimination and violence, the NCW

not only offers vital support to women but also contributes to shaping a society where gender

equality is not just a concept but a lived reality. It remains an essential institution in India's

ongoing journey towards a more equitable and just future for all its citizens.