Constitutional provision relating to protection of children:-

Here, we will look into various legislations, other statutes, rules, regulations and laws in place
regarding child rights and also look into the problems faced by children and the solutions to it.

Children are necessarily entitled to various specific provisions in India and across the world, but
their proper implementation can only lead to their realisation. Violation of rights of children can
be seen in the form of abuse, trafficking, inadequate health facilities, malnutrition, and so on.
The UN Convention on Child Rights led to development plans, strategies and various other
programs to combat the violation of child rights.

A country like India, with the population level requires, needs to pay more attention to enforcing
all the legislations, policies, rules and regulations that come out as notifications, it also needs
assessment from time-to-time. Despite the presence of International and National Standards,
children remain a vulnerable section of the society in need of special care and protection.

Who is a Child?

Child means any person who has not completed eighteen years of age.

What are Child Rights?

The most basic needs of the children are referred to as rights. The most basic needs of children
are referred to as rights. Child rights are specialised human rights that apply to all human beings
below the age of 18. According to the United Nations Convention on the Rights of the Child
(UNCRC,1989), Child Rights are minimum entitlements and freedoms that should be afforded to
all persons below the age of 18 regardless of race, color, gender, language, religion, opinions,
origins, wealth, birth status or ability and therefore apply to all people everywhere. The
specialised rights found by them are Right to Survival, Protection, Participation and
Development.

Child Rights in India-

The child rights in India are mentioned in the constitution, in Acts, legislations, policies and
schemes.

1
Constitution of India-

The Founding Fathers of the Constitution have brought about specific provisions in Chapter III
and IV of the Constitution under Fundamental Rights and Directive Principles of State Policy
respectively, recognising the importance of child welfare and their development.

The Fundamental Rights-

Fundamental rights are those rights which are essential for the development of the individual and
the society and apply to everyone irrespective of caste, creed, sex, birthplace, religion or race.
These are justiciable and enforceable rights.

The Fundamental Rights enshrined in the Constitution of India are as follows:

 Right to equality (Articles. 14-18)

 Right to freedom (Articles. 19-22)
 Right against exploitation (Articles. 23-24)
 Right to freedom of religion (Articles. 25-28)
 Cultural and Educational Rights (Articles. 29-30), and
 Right to constitutional remedies (Articles. 32-35)

Article 14- Equality before Law

The State shall not deny to any person equality before the law or the equal protection of the laws
within the territory of India.

This provision of the Indian Constitution applies to the children as well.

Article 15- Prohibition of discrimination on the grounds of religion, race, caste, sex or place of
birth.

Article 15(1), specifies that the State shall not discriminate any citizen residing in the territory of
India based on caste, creed, sex, birthplace, religion or race and 15(2) says that no person can be
restricted from using any public property on any of these grounds.

2
Article 15(3), Nothing in this article shall prevent the State from making any special provision
for women and children.

The above Article is a positive step for the benefit of women and children, and this came around
the time when Article 21 was inculcated in the Constitution of India providing the right to food,
nutrition and health.

Article 17-Abolition of Untouchability

Untouchability is abolished, and its practice in any form is forbidden. The enforcement of any
disability arising out of Untouchability shall be an offence punishable under the law.

This Article prevents the practice of Untouchability in any form within the territory of India and
the need for such a right was realised because children were subjected to brutal exploitation in
the past.

Article 19 -Protection of certain rights regarding freedom of speech etc

Article 19(1) of the Indian Constitution provides for the protection of different freedoms of the
citizens of India like the freedom of speech and expression, the freedom to form associations and
assemblies, the freedom to move, reside and settle and the freedom to choose a profession.

The other clauses of the same Article talks of how the State can impose reasonable restrictions
on this Article. Children also, subject to specific conditions are entitled to Article 19 enshrined in
the Constitution of India.

Article 21- Right to Life and Liberty

No person shall be deprived of his life or personal liberty except according to a procedure
established by law.

Article 21 of the Constitution of India states underlies the primary importance of early childhood
developments and the right to food, nutrition and health are part and parcel of this right.

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Article 21A- Right to Education

The State shall provide free and compulsory education to all children of 6 to 14 years in such
manner as the State, may by law determine.

A series of decisions, including Mohini Jain v. the State of Karnataka, 1992, Unnikrishnan v.
State of A.P., 1993, etc. culminated in converting a non-enforceable right to education in
Directive Principles of State Policy into an enforceable Fundamental Right, leading to the
incorporation of Article 21-A. In the judgement by the Supreme Court of India, the right to life
of an individual is fully realised only when it is read with right to education and hence, it was
added after Article 21 and was added to the Fundamental Rights and subsequently removed from
the Directive Principles of State Policy.

Article 23- Prohibition of traffic in human beings and forced labour

1. Traffic in human beings and begar and other similar forms of forced labour are
prohibited, and any contravention of this provision shall be an offence punishable per law
2. Nothing in this article shall prevent the State from imposing compulsory service for a
public purpose, and in imposing such service, the State shall not make any discrimination
on grounds only of religion, race, caste or class or any of them.

This right provided under the Fundamental Rights can also be read with the Right against
Exploitation under Article 17 of the Indian Constitution and is a vital provision in protecting the
rights of children.

Article 24-Prohibition of employment of children in factories, etc

No child below the age of fourteen years shall be employed to work in any factory or mine or
engaged in any other hazardous employment Provided that nothing in this sub-clause shall
authorise the detention of any person beyond the maximum period prescribed by any law made
by Parliament under sub-clause (b) of clause ( 7 ); or such person is detained in accordance with
the provisions of any law made by Parliament under sub-clauses (a) and (b) of clause ( 7 )

More often than not, we get to hear the world Child labour, to prevent this from happening, a
Fundamental Right, justiciable and enforceable has been brought about.

4
Other Articles

Children in India are also entitled to other rights like, Right Protection against arrest and
detention (Article 22), Freedom of Conscience and practice of Religion (Article 25), Freedom to
manage religious affairs (Article 26) , Freedom to promote ones religion (Article 27), Freedom
of religious instruction (Article 28), Protection of Rights of Minorities (Article 29) including the
Right to conserve ones language, script and culture and facilities for instruction in mother-tongue
at primary stage under Article 350, and The Right to move the Supreme Court for enforcement
of rights (Article 32) popularly known as Right to Constitutional Remedies.

Directive Principles of State Policy-

Though the Directive Principles of State Policy are supplementary to Fundamental Rights and
provide direction to governance, they are, however, nonjusticiable in themselves and require
legal sanction for realisation. There are some specific provisions under this for children and the
realisation of their rights.

Article 39A- Equal justice and free legal aid

The State shall secure that the operation of the legal system promotes justice, on the basis of
equal opportunity, and shall, in particular, provide free legal aid, by suitable legislation or
schemes or in any other way, to ensure that opportunities for securing justice are not denied to
any citizen by reason of economic or other disabilities.

Article 39(e) ,states that the health and strength of workers, men and women, and the tender age
of children are not abused and that citizens are not forced by economic necessity to enter
avocations unsuited to their age or strength.

Clause (e) of Article 39 has provisions relating to the health and well-being of the children.

Article 39(f), states that those children are given opportunities and facilities to develop in a
healthy manner and in conditions of freedom and dignity and that childhood and youth are
protected against exploitation and against moral and material abandonment.

This provision in the Constitution of India talks specifically about the opportunities and facilities
to be vetted out to them in a manner that protects their freedom and dignity.
5
Other provisions under the Directive Principles of State Policy include Article 47 and Article 51
that enshrines the raising of nutrition level to meet the standards of people and the need to
respect the International treaties entered upon by India.

Fundamental Duties-

Article 51A

Clause (k) of Article 51A states that It shall be the duty of every citizen of India who is a parent
or guardian to provide opportunities for education to his child or, as the case may be, ward
between the age of six and fourteen years.

India adopted a National Policy for Children in 1974, declaring children to be the nation’s
most precious asset. In the 1990 World Summit for Children, the Government of India adopted a
National Plan of Action for Children in 1992 keeping in mind some goals and subsequently in
the same year ratified Conventions on the Rights of the Child (CRC).

The 86th Amendment to the Constitution, on the Fundamental Right to Education for the 6 to 14
years age group, has also led to the inclusion of an additional clause under article 51A that
imposes a fundamental duty upon parents or guardians to provide opportunities for education of
their children/wards between the ages of 6 and 14 years.

Constitutional Provisions must be backed by law, policy and programmes and schemes

The following are some Articles and the legislations which came about as the need to enforce
them arose.

Article 21:-

 Right to Education Bill, 2008

Right Against Exploitation (Articles 23, 24 and 39e)

 The Immoral Traffic (Prevention) Act, 1956

 Bonded Labour System Abolition Act (1976)

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  Child Labour (Prohibition and Regulation Act), 1986
 Children (Pledging of Labour) Act, 1933

Right to equality and equal opportunity; and Right against discrimination (Article 15,39f;)-

 The Persons with Disabilities Act, 1995

 Laws for Scheduled Caste(SC) and Scheduled Tribe (ST)
 The Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013
 Pre-Conception and Pre-Natal Diagnostic Techniques Act, 1994

Protection against arrest and detention (Article 22)

 Juvenile Justice(JJ) Act, 2015

Legislations in India-

The Right of Children to Free And Compulsory Education Act, 2009

The Right to Education is an Act which was enacted on 4 August 2009 in pursuance of Article
21A of the Indian Constitution, and this Act made education compulsory for the children in the
age group of 6-14, also making it a fundamental right.

The Act came up with some unexpected provisions like the specification of norms in elementary
schools and also prevented the child from being expelled or held back from writing board
examinations. The observation made by Sam Carlson on the enactment of The Right to
Education Act of 2009 is India was, The RTE Act is the first legislation in the world that puts
the responsibility of ensuring enrolment, attendance and completion on the Government.

It is Act No.35 of 2019, and the extended title of the Act reads:

S. 3(1), provide for free and compulsory education to all children of the age of six to fourteen
years and S. 3(2) states that the child shall not pay any fee that may prevent him from completing
his elementary education. S.16 of the Act has provisions for holding back the child from going to
school and S. 16(4) states that, No child shall be expelled from a school till the completion of
elementary education.

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The Act under Section 3 further refers to the Equal Opportunities, Protection of Rights and Full
Participation) Act, 1995, which has provisions for the education of children with disabilities.
Under Section 4 of the Act, there are specifications regarding the elementary education of the
child and says that anyone who is above the age of 6 is also entitled to the right to elementary
education. Further provisions under Section 4 talk about the specialised training the child is
entitled to, as the situation may ask for.

This can be seen as an essential improvement in the legislation for the better enforcement of the
rights of children. Section 5 of Chapter II covers the necessary provisions under the transfer of
schools and goes on to state that the delay in producing a transfer certificate shall not be the
reason for the denial of admission.

In addition to Directive Principles of State Policy, under Section 6 of the Act, duties are
delegated by the Parliament to the Central and State governments to establish schools in
whichever areas found necessary within three years of the commencement of the Act. S.7 with
the head note Sharing of financial and other responsibilities, states the financial responsibilities
conferred upon the Central Government by the Act and how the Central Government may
allocate its budget or establish any authority as may be deemed necessary.

The duty of the appropriate Government to establish schools and maintain the infrastructure and
other facilities like faculty, training facilities, attendance, reservation, and so on are elaborately
discussed under Section 8 of the Act. The other provisions under Chapter III deal with the
responsibilities of the local authority, as the situation may be and Section 10 also confers upon
parents or guardians the duty to admit their children in school. In addition to the duties and
responsibilities of the Government, this section of the Act has significance.

Chapter IV recognises the standards that the school must live by, some rules that it must abide
by, under the Act.

Some of them are:-

The school must provide free and compulsory education (Section 12), the school must not collect
a capitation fee or screening procedure for admission (Section 13), the collection of the proof of
the age of the candidate Section 14, the collection of certificate of recognition (Section 17) and

8
so on. Every school shall have a School Management Committee (Section 20) and must follow
every norm, as stated in Section 19 of the legislation (the Act sets up a committee).

All these sections of the Act have come in the light of protection of the rights of education of
children. Section 16 of the Act, formerly present in the Act prevents any physical punishment
and mental harassment to the child. For the welfare of child enrolled in a school, the school
mandatory should have a Development Plan (Section 22) and various provisions in the same
chapter deal with the teachers, where duties and powers are conferred upon them for the welfare
of the child by every other means. Chapter V sets up a particular system of evaluation of papers.

Chapter VI, which is the most crucial section of this Act, deals with the protection of the rights
of children. Section 31 talks about how The National Commission for Protection of Child Rights
constituted under section 3, or, as the case may be, the State Commission for Protection of Child
Rights constituted under section 17 must ensure that the children’s rights are monitored.[xxxiv]

The Act sets up a National Advisory Council, which shall aid the Central Government in
implementing the provisions of the Act and suggest for changes from time-to-time for the
development of child education (Section 33). Section 34 of the delegates the same powers to the
State Advisory Council. The power to issue directions within the Act is with the Central
Government, which may, with time, delegate the power to some authority. Thus, the passing of
the Right to Education Bill, 2002 was a successful step in pursuance of protection of the
educational rights of the child.

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Other Committees And Organizations

National Human Rights Commission (NHRC)

The National Human Rights Commission started making legislations for the protection of the
rights of children from October 1993 with the advent of Child Labour (Prohibition and
Regulation) Act, 1986. Constitution also has provisions for protecting children from hazardous
industries in Article 45. The Chairperson, Members and Special Rapporteurs of the Commission
have toured rigorously to monitor States where child labour is prevalent.

Right to Education, RTE became a fundamental right after the 86th amendment to the
constitution of India due to the efforts of NHRC. In the year 2004, the Commission asked the
Central Government to enact and enforce legislation to prevent children living with HIV/AIDS
from being discriminated against, including being barred from school (Right to Health).

In terms of the Provisions of Section 5 of the Child Labour (Prohibition & Regulation) Act,
1986, further occupations and processes may be added to the Schedule of the Act as per the
recommendations of the Child Labour Technical Advisory Committee (CLTAC). Besides, a
Central Advisory Board on Child Labour has also been constituted to review the implementation
of the existing legislations and suggest measures for the welfare of working children.

In addition to this, various legislations enacted by the Parliament of India has sections by which
an exclusive committee authority and a court could be established in the exercise of that
particular provision of the Act.

The Ministry Of Women And Child Development-

The Ministry of Women and Child Development, a branch of the Government of India, is an
apex body for the administration of the rules and regulations and laws relating to women and
child development in India. [liii] The Ministry has been implementing various schemes for the
upliftment of children in society, and some of them have proved to be immensely successful.

10
They are listed below:

Institutions

 National Institute of Public Cooperation and Child Development (NIPCCD)

 National Commission for Women (NCW)
 National Commission for Protection of Child Rights (NCPCR)
 Central Adoption Resource Agency (CARA)
 Central Social Welfare Board (CSWB)
 Rashtriya Mahila Kosh (RMK)

National Institute of Public Cooperation and Child Development (NIPCCD)

National Institute of Public Cooperation and Child Development, popularly known as NIPCCD,
is an apex organisation for the promotion of the development of women and children.
Established in New Delhi in the year 1966 under Societies Registration Act of 1860, it functions
under the aegis of the Ministry of Women and Child Development.

National Commission for Women (NCW)

The National Commission for Women (NCW) is a statutory body of the Government of India,
generally concerned with advising the government on all policy matters affecting women. It was
established on 31 January 1992 under the provisions of the Indian Constitution, as defined in the
1990 National Commission for Women Act.

Child Rights Commissions

National Commission for the Protection of Child Rights (NCPCR).

The Protection of Child Rights Act, 2005 delegated the power to set up a National Commission
for Child Rights to the Central Executive (Section 3), which notified the setting up of NCPCR on
20th Jan 2006. [lvi]It was established by the Government under this Act to implement all the
provisions properly and to suggest changes to the present legal framework.

According to the Act, the Commission also has the responsibility to protect the child from
discrimination based on class, creed, race, gender, place of birth or religion. It shall also give

11
special attention to matters regarding child rights protection and care, review then and come up
with an alternative development plan.

State Commission for the Protection of Children Rights (SCPCR)

The Protection of Child Rights Act 2005 delegates the power to set up a State Commission for
Child Rights to the State Executive (Section 17), which implements the provisions of this Act,
reviews it and suggests a different method for its working after implementation. In Kerala, we
have the Kerala State Commission for the Protection of Child Rights, which concentrates mainly
on ending the child rights problems in Kerala.

Central Adoption Research Authority (CARA)

It is a nodal body of the Ministry of Women and Child development, and it monitors and
regulates in-country and inter-country adoptions. It was constituted because India was a party to
the multilateral Hague Convention and the authority also conducts orientation programs and
training.

Central Social Welfare Board (CSWB) and Rashtriya Mahila Kosh (RMK) are similarly two
bodies set up by the same Ministry to ensure the protection of the social welfare of women and
children.

Programs And Schemes

The below mentioned are some schemes and programs brought about to protect different child
rights as the situation may seem.

Integrated Child Development Service(ICDS) Scheme

The Integrated Child Development Service (ICDS) Scheme was implemented to provide for
nutrition, immunisation, vaccination and other health-related provisions. It is one of the
World’s most prominent programmes and has been renamed as Anganwadi Services. Their
objectives are to protect the mental, physical, psychological health of the child.

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Integrated Child Protection Scheme (ICPS)

Is a governmental program implemented by the Government Of India to help secure the safety of
children, with a particular emphasis on children in need of care and protection, juveniles in
conflict or contact with the law and other vulnerable children. Its primary purpose is to create a
central structure to provide oversight and standardisation for pre-existing and evolving child
protection schemes in India. Proposed in 2006 and implemented in 2009, the ICPS is
administered at the state level by state child protection committees and societies and at the
district level by district child protection societies, among other institutions.[lvii]

National Child Labour Project (NCLP) Scheme

The Central Government has initiated the National Child Labour Project (NCLP) Scheme to
prevent child labour in the country, and the scheme focuses on protecting children working in
hazardous industries.[lviii]

Beti Bachao Beti Padhao

The Department of School Education and Literacy has supported The Ministry of Women and
Child Development to roll out this program to enhance the sex ratio and the status of girl
children in schools.

Swachh Vidyalaya

This campaign has been rolled pout in schools by The Ministry of Women and Child Welfare to
endure that there is a toilet in each school.

Udaan

Another education scheme brought about by CBSE(Central Board of Secondary Education) to

help people from below poverty line to attend school. PRAGATHI is an initiative by the same
Ministry to enhance technical education in children.

13
All the schemes mentioned above have been enacted regarding the education of children.

Saksham is a project initiated to help the differently-abled children to education.

Various other schemes like Atal Mission, Udisha and much ICT(Information and
Communication Technologies) enhanced schemes have been rolled out in India.

National Plan of Action for Children includes goals, objectives, strategies and activities for
improving the nutritional status of children, reducing Infant Mortality Rate, increasing enrolment
ratio, reducing drop out rates, universalisation of primary education and increasing coverage for
immunisation.

Other Schemes Include:

 Balika Samriddhi Yojana (BSY)

 Kishori Shakti Yojana (KSY)
 Early Childhood Education for 3-6 Age Group Children Under the Programme of
Universalization of Elementary Education
 Scheme for the welfare of Working Children in Need of Care and Protection
 An Integrated Programme for Street Children
 Childline Services
 Central Adoption Resource Agency (CARA)
 Rajiv Gandhi National Crèche Scheme for the Children of Working Mothers
 Programme for Juvenile Justice
 General Grant-in-Aid Scheme
 Pilot Project to Combat the Trafficking of Women and Children for Commercial Sexual
Exploitation in Destination Areas
 National Crèche Fund[lix]

All these are not included in the direct legal framework of Child Rights in India, but they are
established as a result of some legislations or by some Government Ministry in pursuance of its
duties

14
Policies

National Policy for Children, 1974

Underlying the National Charter for Children 2004, is one of the sources for the peace and
prosperity of a child and some other policies for the overall development of child include
National Policy for Children, 2013 and National Policy on Child Labour in 1987 are two other
policies.

International Conventions

The United Nations Convention on the Rights of the Child (commonly abbreviated as the CRC
or UNCRC) is a human rights treaty which sets out the civil, political, economic, social, health
and cultural rights of children. The Convention defines a child as any human being under the age
of eighteen unless the age of majority is attained earlier under national legislation.

15
Importance of The Commission:

Women as a class neither belong to a minority group nor are they regarded as a backward class.
India has traditionally been a patriarchal society and therefore women have always suffered from
social handicaps and disabilities. It thus became necessary to take certain ameliorative steps in
order to improve the condition of women in the traditionally male dominated society.The
Constitution does not contain any provision specifically made to favor women as such. Though
Art.15(3), Art. 21 and Art.14 are in favor of women; they are more general in nature and provide
for making any special provisions for women, while they are not in themselves such provisions.
The Supreme Court through interpretive processes has tried to extend some safeguards to
women. Through judgments in cases such as Bodhisattwa Gautam v. Subra Chakraborty ( AIR
1996 SC 922). and the Chairman Rly Board v. Chandrima Das( AIR 2000 SC 988). case, where
rape was declared a heinous crime, as well as the landmark judgment in Visakha v. State of
Rajasthan, (AIR 1997 SC 3011). the courts have tried to improve the social conditions of Indian
women. But these have hardly sufficed to improve the position of women in India. Thus, in light
of these conditions, the Committee on the Status of Woman (India) as well as a number of
NGOs, social workers and experts, who were consulted by the Government in 1990,
recommended the establishment of a apex body for woman.

The lack of constitutional machinery, judicial ability and social interest formed the impetus and
need for the formation of the National Commission for Women. It is apparent from the prior
mentioned conditions and problems that women in India, though in a better position than their
ancestors, were handicapped to a great extent in the early 1990s and these handicaps and
injustices against Indian women prompted the Indian Government to constitute the first National
Commission for Women in 1992.

The Constitution of The Commission:

The National Commission for Women Act, 1990 (Act No. 20 of 1990 of Government of India)
constituted the National Commission for Women as a statutory body. The first commission was
constituted on 31st January 1992 with Mrs. Jayanti Patnaik as the Chairperson.

16
The Act of 1990 under Section 3 provides for the constitution of the commission. This section
lays down that the commission will consist of one Chairperson, who is committed to the cause of
women, five members from various fields and a member secretary who shall be an expert in the
fields of management, organizational structure, sociological movement or a, member of the civil
service of the Union. All the members of the commission are nominated by the Central
Government.

Each person holds office for a period of five years or till he attains the age of seventy. At least
one member each of the Commission must belong to a Scheduled Caste or Scheduled Tribe. In
addition to the abovementioned members of the Commission, the Commission has the power to
set up committees with members from outside the Commission.

The Mandate of the Commission:

Section 10(1) of the Act of 1990 provides a fourteen-point mandate for the National Commission
for Women. A general overview of the mandate has been provided and a few significant clauses
have been discussed.

Broadly speaking the Commission's mandate can be divided under four heads –

(a) safeguard of rights of women granted by the constitution and laws,

(b) study problems faced by women in the current day and make recommendations to eradicate
these problems,

(c) evaluating the status of Indian women from time to time and

(d) funding and fighting cases related to women's rights violations.

(a) Safeguard Rights of Women: These are enshrined in sub clauses (a) - (e) of Section 10 (1)
of the Act. They expect the Commission to examine the safeguards for women provided by the
law and the Constitution. The Commission is to submit reports about these safeguards and make
recommendations about the implementation of the same. The Commission is also expected to
review these safeguards periodically to identify and remedy any lacunae and inadequacies. The
Commission is also empowered to take up cases involving the violation of the cases.

17
(b) Study of problems faced by women: These are mainly enshrined in sub clauses (g) – (i) of
Section 10 (1) of the Act. According to these sub clauses, the Commission is to carry out studies
involving the problems arising out of discrimination against woman and provide remedies for
these problems. As per this part of the mandate, the Commission is also expected to advise the
government about the socio – economic development of women based on these studies.

(c) Evaluating status of Indian women: sub clauses (j) – (n) section 10(1) of the Act deals
with these responsibilities of the Commission. The Commission, according to these guidelines,
has the responsibilities of the evaluating the status of Indian women under the Union
Government and State Governments. It is to inspect and evaluate the conditions of detention
homes and other such facilities in which women may be detained and deal with the appropriate
authorities in order to improve the condition of such places. These evaluations are to be
submitted to the Government through periodic reports and recommendations. Fighting cases
related to women's rights violation: certain clauses in the mandate also empower the Commission
to take up cases related to discrimination against women, women's right violation and fund cases
which involve the rights of a large number of women. Sub clause (f) of Section 3 of the Act of
1990 empowers the Commission to take suo moto notice of matters relating to women's right
deprivation, non – implementation of laws enacted to protect women and non – compliance of
policies and guidelines for mitigating hardships of women, in such matters the Commission is
empowered to approach the appropriate authorities and seek remedies.

……………………………………………………………………………………………………

Table of Contents

 Introduction
 National Commission for Women
 History
 Report of the Commission
 Importance of the NCW
 Objective
 Working
 Powers of NCW
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  Composition
 Functions
 Reforms and suggestion
 Conclusion

Introduction-

The main intention for the establishment of the National Commission for Women was to ensure
equal livelihood for women by making constitutional amendments and laws that favour them.
The commission was formed to prevent any kind of violence or exploitation against women.
Women are vulnerable and the problems faced by them are numerous and such a commission
was established to resolve such issues concerning their rights. It is the state necessity to set up
such commissions to address the grievances of women in the country. Keeping in mind the
interest of all the National Commission for Women Bill 1990 was introduced in the Lok Sabha.

National Commission for Women

The National Commission for Women was formed in 1992 under the National Commission Act
1990. It is a commission having the authority to review constitutional safeguards for women in
the country. The main recommendation of the commission is to facilitate redressal mechanisms
and also to take legislative measures to curb the disparity. It provides the government with
advice to make policies and laws that are more prone to protect and safeguard the rights of
women. The commission also has the powers that are vested upon with a civil court. On 31st
January 1992, the first commission was constituted and was chaired by Jayanti Patnaik. The first
male member in the NCW ( National Commission for women) was Alok Rawat IAS.

History

The Committee on the Status of Women in India (CSWI) made suggestions 20 years ago. The
CSWI qualified the vital for working to make a platform for grievances redressal. It increases the
growth in the social-economic sphere of women development. After this, the Successive
Commission ( National Perspective Plan for women) in 1988-2000 made certain
recommendations for the formulation of the authoritative apex entity for governing the rights of

19
women. In the advent of 1990, the Central Government in consultation with non-governmental
organisations formulated and made the structure, powers and working of the commission as the
proposal was formed. In May this year, the Bill came before the Lok Sabha. In July, the Ministry
of HRD formed the national level conference to discuss the pointers made in the Bill which were
introduced. In August the government made a lot of amendments after the discussion and made
new provisions on the commission. By this, the commission functioned like a civil court.

The Bill was passed and received the assent of the President on 30th August 1990. The 1st
Commission was formed on 31st January 1992 presided by Mrs Jayanti Patnaik as the Chair-
person. The 2nd Commission was in July 1995 headed by Dr Mohini Giri. The 3rd Commission
was in January 1999 and was under Mrs Vibha Prathasarathy. The 4th and the 5th Commissions
was presided by Dr Poornima Advani in 2002 January and Dr Girija Vyas in 2005 respectively.
This was followed by a chain of successful meetings and emancipation on the rights of women.

Report of the Commission

It presents the annual report before the Central Government. Apart from this, it submits other
reports which it deems to be fit. All such reports are placed before the House of the Parliament
along with the memo. In case any recommendation made on the floor of the house is not
accepted. The reason for the non-acceptance should be maintained in the memorandum. The
same procedure should be followed at the state level as well.

Importance of the NCW

Women as an entity neither belong to a minority group nor are they considered a backward class.
India from its inception has been a patriarchal society. Therefore women have always been
subdued in society thus it became necessary to need certain strategic steps to enhance and
improve the condition or status of women under male-dominated society. The Indian
Constitution doesn’t contain any provision specifically made to favour women intrinsically.
Article 15 (3), Article 21 and Article 14 protect and safeguard women. They are more gender-
neutral. The Supreme Court has taken vital measures for protecting the rights of women.

Through various landmark judgments in cases like Bodhisattwa Gautam v. Subra Chakraborty
( AIR 1996 SC 922) and thus the Chairman Rly Board v. Chandrima Das (AIR 2000 SC 988).

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case, where rape was declared a heinous crime, also due to the landmark judgment in Visakha v.
the State of Rajasthan, (AIR 1997 SC 3011). These verdicts enshrined the need for recognising
the rights of women at large. The courts have tried to reinforce the social conditions of Indian
women. But these have hardly sufficed to reinforce the position of women in India. In 1990,
recommended the establishment of an apex body for women. The shortage of constitutional
machinery, judicial ability and social interest formed the impetus and need for the formation of
the National Commission for Women. It’s apparent from the prior mentioned conditions and
problems that girls in India, though during a far better position than their ancestors, were
handicapped to a broader extent. In the 1990s witnessed the violence and injustice faced by
women the Government decided to form the first National Commission for women in 1992.

Objective

The notable achievements of the National Commission for women are that they prepared gender
profiles. Then they took initiative into the creation of the Parivarik Mahila Lok Adalat to take
proactive steps regarding the rights of women. They evaluated and reviewed laws concerning
Indian Penal Code 1860, Pre-Conception & Pre-Natal Diagnostic Techniques Act, 1994, The
Dowry Prohibition Act 1961 and so on. To take more effective actions against violations under
the National Commission for Women Act 1990. Set up and organise awareness workshops and
consultations outlets. The objectives of NCW are as follows:

 To suggest the government regarding policies regarding women,

 A platform to redress the grievances,
 To make recommendations relating to legislation measures,
 To review legal and constitutional safeguards for women.

Working

It acts as a statutory body and takes measures to safeguard and protect women. It works under
the National Commission for Women Act, 1990. It derives the vital guidelines from the
commission to make recommendations and suggestions to make strategic plans for the wellbeing
of women and their rights.

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Powers of NCW

 Provide consultation on all major policy matters that affect women.

 Issuing summons for the examination of documents and the witnesses.
 It has the power to make any public record.
 Receiving evidence on affidavits
 Discovery and production of documents
 Summoning and enforcement

Composition

The commission consists of a chairperson, a member secretary and five other members. The
chairperson of the NCW is nominated by the Central Government. The Central Government also
nominates the member secretary. The member secretary should be an expert in the field of
management. He or she is an officer or organisation who is a member. The five members
nominated by the Central Government should be individuals with ability, standing and integrity.
They should have experience in law, legislation, management, women voluntary organisation,
economic social development and so on.

Functions

The functions of the NCW are challenging and it requires effective implementation. It works
with the regulating agency to resolve complaints that are received. This is mainly for Indian
women who are abandoned by their husbands in foreign countries. To provide appropriate
conciliation, mediation between parties. Networking with NGOs and such organisations that aid
in recognising the rights and protect that of women. Provide litigation assistance to distressed
women. To make a proper record of a data bank of all cases relating to the rights of women.
Make proper reports to furnish to the government regarded its working timely. To constitute an
advisory committee panel of advocates and NGOs to support women. And at the same time a
panel of experts to address the aggrieved women. Finally to make training modules and make
awareness among the people.

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The functions of the National Commission for women are as follows:

1) Presentation of reports: Table reports should be submitted to the Central Government

every year. When the commission feels it’s appropriate. The reports upon the functioning
and working of the safeguards.
2) Investigation and Examination: There should be proper investigation and examination
made under the Constitution and other laws. This is related to the protection of the rights
of women.
3) Review: Constantly all laws are reviewed and scrutinised. And necessary amendments
and alterations are made to meet the needs of the current world. This is to meet any
break, incapacity or any inadequacies in the legislation.
4) Cases of Violation: Ensure there is no violation against women and taking due care of
such cases.
5) Suo Motu Notice: It takes care of complaints and also suo motu matters about the
deprivation of rights of women. Implementation of laws favouring the welfare of women.
6) Evaluation: Assessing the development and the progress of the women community under
the Center and State level.
7) Recommendation: To suggest the wellbeing of women and their rights.
8) Special studies and investigation: To understand the limitations in the system and curb it
with strategic plans and mechanisms.
9) Research: To make research and study to understand the needs of women, healthcare and
such related components. This is to make a proper support system to help the women in
need.
10) Participation in all spheres particularly in planning: Take measure to facilitate economic
and social development and improvement of women by recognising their rights.
11) Inspection: Inspect the jail, remand home to ensure that the women staying here are not
exploited as they are vulnerable.
12) Funding and Reporting: Ensure there is a fund for litigation of matters relating to women
rights. There should be periodical reports made under the difficulties faced by women
daily.

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Conclusion

The Commission must be granted the facility of choosing its members. The members should be
chosen with no prejudice and will have a good knowledge of the law and understand society and
human behaviour. There is a need for an increase of awareness and enlightenment especially
required among uneducated women mainly in the rural areas that such a commission exists to
address their rights. There should be a good network of individuals employed to reach out and
help women who are vulnerable and prone to exploitation. The National Commission for women
works efficiently in India because there is not full proof it still needs improvement. The
framework is done by the implementation is questionable. Only through joint efforts all and
creating awareness can we bridge this gap.

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