National Commission for women and Tripura Commission for Women


National Commission for women and Tripura Commission for Women

The National Commission for Women is a statutory body for women set up in January 1992 under the provisions of the Constitution of India, as explained in the 1990 National Commission for Women Act (Act No. 20 of 1990).

The mandate of this body includes

  1. 1.  To review the Constitutional and Legal safeguards for women
       2.     Facilitate redressal of grievances
  • 3. Advise the Government on all policy matters affecting women

Composition of National Commission for Women

The Commission must consist of a minimum number of members which includes a chairperson, a member secretary, and other five members.
Chairperson: The central government should nominate the chairperson.
Five members: The five members are also to be nominated by the central government from amongst the person of ability, integrity, and standing. They should possess experience in various fields like law or legislation, trade unionism, management of industry potential of women, women’s voluntary organization, education, administration, economic development and social good-being. 
One member must be from SC / ST. Chairperson and and members are removed by Central Government.
Member Secretary: The Central Government also nominates member secretary. He/ she should be either an expert in the field of management, organization or an officer who is a member.



NB :

The Commission presents an annual report to the Central Government. It can also submit a report as and when it thinks necessary. The Central Government places all such reports before each House of Parliament, along with a memorandum explaining the action taken on the recommendations made by the the Commission. The memorandum should also contain the reasons for the non-acceptance of any of such recommendations. If any such report is related to any matter with which any state government is concerned, the Commission forwards a copy of such report to such state government. The state government places it before the state legislature, along with a memorandum explaining the action taken on the recommendations of the commission.  The memorandum should also contain the reasons for the non-acceptance of any of such recommendations.


Powers of commission:

The Commission shall, while examining any matter have all the powers of a civil court trying a suit and, in particular in respect of the following matters:
  1. Summoning and enforcing the attendance of any person from any part of India and examining him on oath.
  2. Requiring the discovery and production of any document.
  3. Receiving evidence on affidavits.
  4. Requisitioning any public record or copy thereof from any court or office.
  5. Issuing commissions for the examination of witnesses and documents.
  6. Any other matter which may be prescribed.

Functions of National Commission for Women

  • Inquiry and Investigation
The National Commission of Women enjoys the powers of a civil court. It investigates and examines the matters related to the safeguards ensured for feminine society under the Constitution of India. It took complaints suo moto notice of issues related to the non- implementation of laws and non- enforcement of laws and non -compliance of policy decisions, guidelines enacted and aimed at mitigating hardships ensuring the welfare and then take up issues arising out of matter with the concerned authorities.
  • Action Research
NCW members take part in the planning process of socio-economic development of women, propose measures to encourage their representation in all spheres and review their advancement. It also examines the safeguards provided for women in the Constitution and other laws study their working, recommend amendments to meet any inadequacies or deficiencies, and advocate measures for effective implementation.
  • Legal Intervention
The Parivarik Mahila Lok Adalat, (PMLA) is an innovative component with its roots in the traditional Nyaya Panchayats. It is created by NCW for the redressal and speedy disposal of cases. It has taken up 7500 cases so far. The essential feature of PMLA is cordial mutual settlement and flexibility in implementation, aiming to empower women in the justice delivery mechanism.

The Commission shall perform all or any of the following functions:

  1. Investigation and Examination: Investigate and examine all the matters relating to the safeguards provided for the women under the Constitution and other laws
  2. Presentation of Reports: Table reports to the Central Government, every year and at such other times as the Commission may deem fit, reports upon the working of those safeguards
  3. Recommendations: Make in such reports and recommendations for the effective accomplishment of those safeguards for enhancing the conditions of the women by the Union or any State.
  4. Review, every now and then, the current provisions of the Constitution and other laws distressing the women and prescribe alterations and suggest curative legislative measures meet any break, inadequacies and incapacity in such legislation.
  5. Cases of Violation: Take up cases of infringement of the provisions of the Constitution and of other laws relating to the women with the relevant authorities
  6. Suo Motu Notice: It looks into complaints, and takes Suo Motto notice of matters relating to – deprivation of women’s rights, Non-implementation of the laws and Non-compliance of policy decisions guaranteeing the welfare for women society.
  7. Special Studies and Investigation: It conducts special studies or investigation on the concerning issues or circumstances emerging out of segregation and outrages against ladies and recognizes the limitations in order to suggest techniques for their expulsion
  8. Research: Undertake the promotional and educational research so as to propose ways of ensuring due representation of women in all fields and identifies the factors responsible for impeding the support services and technologies for reducing drudgery and professional health hazards and for escalating their efficiency.
  9. Participation in all spheres particularly in Planning: take part and advice on the planning process of socio-economic development of women
  10. Evaluation: assess the progress of the development of women society under the Union and State.
  11. Inspection: investigate or cause to be inspected a jail, remand home women’s establishment or other places of guardianship where ladies are kept as detainees.
  12. Funding: fund litigation, relating issues affecting a large body of women.
  13. Reporting: make periodical reports on any issue pertaining to women and in particular various difficulties under which women toil.

NB : for Marks 5 follow below note for function


Functions

·         Investigate and examine all matters relating to the safeguards provided for women under the Constitution and other laws
·         Present reports to central government on work done towards these safeguards
·         Make recommendations for effective implementation of such safeguards to Union or state governments
·         Review women related to legislations and bring out inadequacies and shortcomings
·         Take up cases of violation of law against women to appropriate authorities
·         Look into complaints and take suo moto action over them.
·         Work towards women’s rights
·         Mitigating hardships of women and ensure welfare and relief
·         Call for special studies or investigations into specific problems or situations
·         Participate in planning process of socio-economic development of women







THE TRIPURA COMMISSION FOR WOMEN ACT, 1993
An Act to provide for the constitution of a State Level Commission for women and for matters connected therewith or incidental thereto
Whereas it is expedient to provide for the constitution of a State level Commission for women and for matters connected therewith or incidental thereto.
It is hereby enacted in the Forty-fourth Year of the Republic of India, by the Legislative Assembly of Tripura, as follows :

Constitution of Commission.

(1) The State Government shall, within a period of three months from the date of coming into force of this Act, by notification in the official Gazette constitute a body to be known as the Tripura Commission for Women.
(2)The Commission shall consist of-
(a) (i) a Chairperson, and
(ii) a Vice-Chairperson,
(b) '[five members] to be appointed by the State Government from amongst the persons of ability and integrity who have served the cause of women or have had experience in law or administration of matters concerning the advancement of women or leadership of any trade union or voluntary organisation for Women for protection and promotion of common interest of women, of whom at least-
(i) one shall be a member of a Scheduled Caste, and
(ii) one shall be a member of Scheduled Tribe ;
(c) an officer of the State Government who shall be the Member Secretary.

Term of office and conditions of service of Chairperson, Vice Chair- person and Member.

4.         (1)The Chairperson or the Vice-Chairperson or a Member, other than the Member-Secretary, shall hold office for such period, not exceeding 2[three years], as may be specified by the State Government in this behalf.

(2) The Chairperson or the Vice-Chairperson or a Member, other than the Member-Secretary, may at any time resign his office by writing under his hand addressed to the State Government.
--------------------------
I . Substituted by The Tripura Commission for Women (Second Amendment) Act, 1999, w.e.f. 31.3.1999.
2. Substituted ibid.
-------------------------
(3)The State Government shall remove a person from the office of Chairperson or Vice-Chairperson or Member, other than the Member Secretary, if that person-
(a) becomes an undischarged insolvent; or
(b) gets convicted and sentenced to imprisonment for an offence which, in the opinion of the State Government, involves moral turpitude ; or
(c) becomes of unsound mind and stands so declared by a competent court ; or
(d) refuses to act or becomes incapable of acting ; or
(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 State Government has so abused the position of Chairperson or Vice-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 sub-section until that person has been given a reasonable opportunity of being heard in the matter.

(4) A vacancy caused under sub-section (2) or otherwise shall be filled by afresh nomination or appointment, as the case may be.

(5)The salaries and allowances '[or honorarium] payable to, and the other terms and conditions of service of, the Chairperson, Vice-Chairperson and Members, other than the Member-Secretary shall be such as may be prescribed.


Functions of Commission.
11. ( I ) Subject to the provisions of this Act, the Commission shall perform all or any of the following functions :-
(a) investigate and examine all matters relating to the safeguards provided for women under the Constitution of India (hereinafter referred to as the Constitution) and other laws and recommend steps to be taken by the State Government for effective implementation of such safeguards,

(b) review the existing provisions of the Constitution and other laws affecting women and recommend amendments thereto so as to suggest remedial legislative measure to meet any lacunae inadequacies or shortcomings in such legislations;
(c) take up the cases of violation of the provisions of the Constitution and of other laws relating to women in the State with the appropriate authorities;
(d) 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.
(iii) non-compliance of policy decisions, guidelines instructions aimed at mitigating hardships and ensuring welfare and providing relief to women and taken up issues arising out of such matters with appropriate authorities;
(e) 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;
(f)evaluate the progress of advancement of women in the State;
(g) visit a jail, destitute girls' home, women's institution or other place custody where women are kept as prisoners or otherwise and take up with the concerned authorities such matters for remedial action as may be necessary ;
(h) any other matter which may be referred to it by the State Government.
(2)The State Government may consult the commission on policy matters affecting women.
(3) The Commission shall, while investigating any matter referred to in clauses (a) and (d) of sub-section (I), have all the powers of a civil court under the Code of Civil Procedure, 1908 while trying a suit, and, in particular, in respect of the following matters :-
(a) summoning and enforcing the attendance of any person from any part of India examining him on oath ;
(b) requiring the discovery and production of any document ;
(c) receiving evidence on affidavits ;
(d) any other matter which may be prescribed.
(4) (a) The Commission shall present to the State Government every six months and at such other times as the Commission may deem fit reports of its activities together with its recommendations and the State Government shall cause them to be laid before the State Legislature as soon as possible along with a memorandum explaining the action taken or proposed to be taken on the recommendations and the reasons for non-acceptance, if any, of any of such recommendations.
(b) It shall be the duty of the Commission to furnish comments and recommendations on any report of the National Commission for Women on any matter with which the State Government is concerned as that Government may call for.




Source:
·         http://ncw.nic.in/functions
·         http://tcw.nic.in/


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