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. To review the Constitutional and Legal safeguards for women
- 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:
- Summoning
and enforcing the attendance of any person from any part of India and
examining him on oath.
- Requiring
the discovery and production of any document.
- Receiving
evidence on affidavits.
- Requisitioning
any public record or copy thereof from any court or office.
- Issuing
commissions for the examination of witnesses and documents.
- 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:
- Investigation
and Examination: Investigate
and examine all the matters relating to the safeguards provided for the
women under the Constitution and other laws
- 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
- 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.
- 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.
- 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
- 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.
- 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
- 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.
- Participation
in all spheres particularly in Planning: take part and advice on the planning process
of socio-economic development of women
- Evaluation: assess the progress of the
development of women society under the Union and State.
- 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.
- Funding: fund litigation, relating
issues affecting a large body of women.
- 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:
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