Indian women have traditionally been subservient to men. Orthodox ideologies, religious beliefs, and rigid social structures have perpetuated this patriarchy. As a result, institutionalized discrimination against women contributes to persistent physical, mental, and societal abuse. By every indices, India has a long way to go: the 2012 Social Institutions and Gender Index ranked India 57th out 86 countries. The 2011 Global Gender Gap rankings placed India 113th out of 135. 

A report from Parliamentary Committee on the Empowerment of Women, empanelled during the 2011-2012 fiscal year notes that: “India has traditionally been a patriarchal society and therefore women have always suffered from social handicaps and disabilities. It thus became necessary after independence to take certain ameliorative steps to improve the conditions of women in the traditionally male dominated society. Moreover, the need for agencies for coordination, communication and implementation of measures to improve the status of women was also strongly felt.”

The National Commission for Women (NCW/the Commission) was established in 1992 as part of these “ameliorative steps.” Very broadly, NCW’s mandate is to ensure women’s rights and equality. In this role it investigates complaints, evaluates laws, policies, and safeguards, and provides its recommendations to the central and state governments. Placed under the semi-administrative and financial control of the Ministry of Women and Child Development (MWCD), the commission is strictly an advisory body. Without the power to actually set policy, the commission is largely ineffective and incompetent.  After commission member Alka Lamba’s inept and offensive response to the July 2012 Guwahati molestation case coupled with almost no improvement in women's status has highlighted its weaknesses and resulted in demands for a complete overhaul of NCW.

Writers of independent India’s Constitution recognized the social status discrepancies between men and women and established constitutional mechanisms to promote equality. Article 14 of the 1949 Constitution prohibits gender discrimination. Clause 3 of Article 15 allows the government to make “special provisions” for women. Article 51 explicitly mandates citizens to “renounce practices derogatory to the dignity of women.” Other articles pertaining to equality, rights, duties, and privileges either mention women specifically or use “all citizens,” implying both men and women.

The “earliest institutional structure” for women rights and development was the Central Social Welfare Board (CSWB). The CSWB was created in 1953 to promote and implement welfare programs for women through NGO’s and other non-profit organizations. State Social Welfare Advisory Boards (SSWAB) were established as CSWB branches in different states. Community Development Programs of the 1950s included “women’s slots of nutrition, education, food production and storage and feeding of pregnant and nursing mothers.” In response to certain consequences of these programs, mahila mandals (women groups) were formed. For the most part, however, the decade didn’t bring better opportunities for women.

The 1960s women’s movement marked the beginning of a global shift in the perception of women’s rights. In 1971, the United Nations’ (UN) Commission on the Status of Women requested the Indian government prepare a report on India’s women. The central government appointed then minister-in-charge of the Department of Social Welfare (DSW) Phulrenu Guha to head the Commission on the Status of Women in India (CWSI). CWSI published its findings in 1974. The report noted the abysmal state of women in India and strongly criticized the central and state governments for their failures. It recommended the establishing “follow-up mechanisms and process” to examine the issues identified in the report. It further advised the government to formulate a national policy on women’s development. More importantly, it asked for the creation of a statutory body to, very broadly, ensure the development and protection of women.

Parliamentary debates subsequent to the CWSI report urged the government “to remove all disabilities that Indian Women suffer from.” Rather than the recommended National Policy, the government drafted a National Plan for Action (NPA) in 1976. NPA was a framework to constitute new measures to bolster women’s rights and development. The same year the DSW, under the Ministry of Education and Social Welfare, established a Women’s Welfare and Development Bureau. A National Committee on Women was also created with the prime minister as the chairperson. Such committees were replicated in the states with the chief ministers acting as chairpersons. In January 1985, the DSW was renamed the Department for Social and Women’s Welfare. July of the same year saw the creation of a Department of Women and Child Development (DWCD) under the Ministry of Human Resources Development (MHRD). In addition to this, several separate women-specific entities at both the central and the state levels were also established. 

In 1988, the National Perspective Plan of MHRD recommended appointing a commissioner for women’s issues. This proposal was met with resistance by women’s rights groups who pointed out that a commissioner for Scheduled Castes and Scheduled Tribes had proven ineffectual. Activists and groups demanded the creation of the national commission that the CWSI had recommended. In 1990, the central government, after extensive consultations with various stakeholders, decided to move forward with the commission. A bill was placed in the parliament on May 22. However, concerns over the powers and structure of the commission resulted in its failure. A redrafted bill was introduced on August 10 and the National Commission for Women Act, 1990 was passed on August 30, 1990. It took a year and half to establish the commission. The first NCW started functioning on January 31, 1992.

In its early existence, the commission was poorly regarded. Despite being mandated by law to consult with NCW on legislation and programs affecting women, the National Policy for Women was drafted by DWCD and sent to the commission only for comments. The 1993 expert group on population policy had no NCW representatives and the Agricultural Policy was also drafted without consultation.

While attitudes have changed slightly towards the Commission did change gradually, serious questions remain about the commission’s financial and administrative autonomy. Further, since its inception, the commission has been plagued by bureaucratic infighting and turf wars with DWCD (now MWCD).

At the executive level, the commission consists of a chairperson, five members, and a member secretary. Operating from the New Delhi office, they are assisted by staff members including researchers, lawyers, and social workers. The work of the commission is carried out through its six cells: Complaints and Investigation Cell (C&I); Research and Studies Cell; Legal Cell; Public Relations Cell; Non-Resident Indians (NRI) Cell; and Right to Information Cell.

As mentioned before, NCW is broadly responsible for the welfare of women in India. Under this mandate, the commission investigates and evaluates, recommends and advises, and promotes research. As the statutory body responsible for women, the commission investigates all matters (including implementation and violation) pertaining to constitutional and other legal safeguards for women. As part of this dictate, the commission’s C&I cell investigates criminal complaints from women. In 2010-2011, it received over 14,000 complaints and disposed over 10,000. NCW recently sent a fact-finding team to Guwahati to investigate the public molestation of a 17-year old girl. It is now pressuring the state and central governments to try the perpetrators. The commission is also responsible for evaluating the working of these safeguards and proactively suggesting changes. Further it has the duty to review current and pending legislation and evaluate its impact on women. Since 1992, they have reviewed 70 laws. In 2010-2011, for example, it reviewed 11 laws and policies including the Scheme for the Relief and Rehabilitation of Violence of Rape, the Domestic Workers Welfare and Social Security Bill, 2010, and the marriageable age law. All eleven are under further consideration. It is also liable for evaluating the progress of women under the central government and any state. After a recent commission report that the incidence of rape in West Bengal is almost twice the national average, the commission recommended immediate action. As the coordinating agency at the national level for issues pertaining to NRI marriages, NCW studies NRI legislation, promotes awareness of right in such relationships, and attempts to counter abuse and other ills of such marriages. 

The commission also provides advice and recommendations to the central and state governments on related issues. The ministries and departments of the central government are by law required to consult with the NCW on new laws and policies. While MWCD, the primary entity responsible for formulating and implementing programs for women consult the commission, many government ministries, departments and bodies simply ignore them. The legal cell, in accordance with NCW Act stipulations, drafts and proposes new bills and laws. Better known ones include The Prevention of Crimes in the Name of ‘Honor’ and Tradition Bill, 2010; The Protection Against Sexual Harassment of Women, 2010; Compulsory Registration of Marriage Act, 2005; and amendments to the Dowry Prohibition Act, Indian Penal Code, the Hindu Marriage Act, and Child Marriage Restraint Act.

The NCW Act also mandates the commission to undertake and promote research studies and host programs “to suggest ways of ensuring due representation of women in all spheres and identify factors responsible for impeding their advancement.” NCW is usually prolific in this area. From 2007-2011, it organized 47 conferences and seminars and also sponsored 235 conferences, 84 research studies, 11 public hearings, 1,017 awareness and legal awareness camps, and 28 Pariwarik Mahila Lok Adalats. Research study topics include domestic violence, women rights in particular states and religious communities, human trafficking, needs for women development, and the changing role of women. Additional publications of the commission includes a monthly newsletter titled Rashtra Mahila (National Woman), Meera Didi Se Poocho (Ask Sister Meera), handbooks on various issues including NRI marriages, dowry, etc., and self-published studies.

Recognizing its limitations as an advisory body with prosecution or police powers, in 2006-2007, NCW recommended amendments to the NCW Act of 1990. The desired amendments would extend NCW’s reach to Jammu and Kashmir; increase the number of members from five to seven; afford the chairperson the status of cabinet minister; introduce new chapters that would extend the Commission’s powers. NCW submitted these amendments to MWCD. Action is still pending.

As a result of new initiatives and schemes, NCW’s budget has increased over the past two fiscal years. Its Rs.14.03 crore ($2.6 million USD) 2012-2013 budget provides for the organization’s general maintenance and operation, the implementation of its recent programs and the formulation of new ones. The bulk of the money is earmarked for the following tasks: nationwide publicity campaigns, documentation and production of documentaries; legal awareness workshops; establishing help lines; online counseling; and the computerization of office records. It is estimated that for the 12th Five Year Plan (2012-2017), NCW will require around Rs. 50 crore ($9 million USD), double its 11th Five Year Plan budget of Rs. 25 crore ($4.52 million USD). Based on fiscal projections, the commission plans on expanding its operations and schemes. It also indicates the commission may open regional offices, something previously discussed.

Alka Lamba

In July 2012, a video emerged of a 17-year-old girl being molested by a group of 15-20 men in the Guwahati, Assam. A TV camera captured the group punching, kicking and groping. It took local police close to half-an-hour to intervene. The incident caused nationwide outcry from women’s right groups. NCW sent a fact-finding team to investigate. In accordance with both security Supreme Court guidelines, the victim’s identity was protected. However at a press conference in Guwahati, Alka Lamba, an NCW representative, revealed her identity. Lamba’s judgment lapse caused a media firestorm Both Lamba and the NCW were lambasted. The commission admitted its mistake and fired Lamba. However, Lamba defended her actions on a social networking site saying she revealed the real name at the victim’s request. She also pointed out the media had previously reported the name and that she believed the name would be bleeped out. Speaking to reporters in her office, she stated, “Her name [the victim] has been doing the rounds on news channels for the last 6-7 days. I didn’t do anything wrong.”

Even Congress, to which Lamba belongs, called her indiscretion a “grave mistake.” Lamba’s careless error also embarrassed the Commission, raising further questions about its efficiency and relevance. Lamba’s role in the fact-finding mission has also raised the issue of political appointments to the Commission. The Lamba affair also appears to have overshadowed the victim and the endemic issues surrounding the incident.

India Shamed: Guwahati Girl Molested In Full Public View (Hindustan Times)

Molest Indiscretion (The Telegraph)

Guwahati Molestation: NCW Representative Draws Flak (Hindustan Times)

Alka Lamba Removed From NCW Panel Probing Molestation Case (Times of India)

Guwahati Case: Lamba Removed From NCW Panel (Hindustan Times)

Alka Lamba Hogs Limelight From Guwahati Molestation Case (Oneindia News)

Mamta Sharma’s “Sexy” comment

On February 25, 2012, at the ‘Gateway to Future’ seminar in Jaipur NCW, chairperson Mamta Sharma caused a stir when she stated: “Don’t be offended when someone says ‘sexy,” rather take it positively.” The seminar was organized by a conservative group to discuss women’s issues, including harassment and crimes against women. She later defended her position: “Many words mean many things. A word like sexy means charming and beautiful and it is very unfortunate that it is misinterpreted.” Her comments sparked an immediate backlash from seminar organizers, women’s groups, opposition party members, and other civil society activists. BJP members condemned her statements and alleged that “it seems that she considers women a commodity.” There were also calls to strip of her chairperson post. “She can say whatever she wants to as Mamta Sharma but as the head of NCW, she can’t make such ridiculous statement,” said Kavita Srivastava, general secretary of the People’s Union for Civil Liberties. “We see it as a way of promoting violence.” A joint statement released by women’s organizations in Rajasthan expressed collective anger and strongly condemned Sharma. Sharma, for her part, has maintained that she stands by her initial statement and that it was being taken out of context. She also says her comments were directed toward the younger generation for whom the word ‘sexy’ has a different meaning.

Being Called Sexy Is Cool: NCW Chief (by Shoeb Khan, Times of India)

Don't Get Offended by 'Sexy', Says Chief of National Commission for Women (NDTV)

Sexy Is Not Vulgar: NCW Chief Mamta Sharma (IBN Live)

NCW Chief Slammed For 'Sexy' Remark, Activists Demand She Quit (Indian Express)

National Commission for Women Chief Slammed for Sexy Comment (India Today)

Term ‘Sexy' Not Negative: NCW Chief's Remark Triggers Protests (The Hindu)

Meaning Of Word 'Sexy' Has Undergone A Change: NCW Chief (Times of India)

Strengthen the NCW

NCW has no real power. Despite being a statutory body, it has been thoroughly ineffective in making substantial changes. This inefficacy is due to a combination of personnel issues, structural problems, and weak legal backing. There is need to revamp the commission to give it real teeth. Existing vacancies at the commission ought to be filled as quickly as possible. Since an overwhelming majority of the commission’s recommendations are ignored, mechanisms should be established to ensure these recommendations are acted upon. Given the volume of complaints it receives, the commission needs a faster and better method to approach and dispose of complaints. The unwillingness of the departments and ministries to consult NCW on legislative and policy matters necessitates establishing clear guidelines to deter this behavior. There is a further need to ensure that measures implemented by previous commissions are continued. The turf battle between the commission and MWCD and the Commission’s financial dependence on MWCD also restrains NCW’s autonomy. Steps should be taken to ensure that the commission is able to function as the intended independent body. Further, there appears to be a distance between women’s organization and the commission. The commission needs to reach to these groups and devise methods to collaborate and cooperate.

The National Commission for Women: Assessing Performance (by Sadhna Arya, Center for Women’s Development Studies, Indian Council for Social Science Research)

Report of the Standing Committee on Empowerment of Women (15th Lok Sabha, Government of India)

Should the NCW be disbanded?

Many civil society organizations and activists see the NCW’s response to the Guwahati case as abysmal. Delays in meeting the victim, an initial refusal by the NCW team to meet with Assam’s chief minister, leaking of the victim’s identity, and the lack of any real pressure on state and central authorities to apprehend the criminals have all exacerbated the situation. A day after the dismissal of Alka Lamba, Chairperson Mamta Sharma further tarnished NCW’s reputation by stating that women should be “careful about the way they dress because such incidents are a result of blindly aping the West.” These egregious errors coupled with years of perceived inefficiency have some calling for the disbandment of NCW, as it currently exists. Citing serious structural problems, this camp supports the idea of completely scrapping NCW and starting anew. However, supporters have defended the commission against the attacks and highlighted its operational tempo as well as successes.

NCW, in its Current Form, should be Disbanded

Proponents of scrapping the NCW include female activists, lawyers, and journalists and women’s groups as well as members of the opposition party, the BJP. An editorial by a prominent feminist journalist sums up the sentiment:

The NCW as it stands today should be scrapped. It serves no purpose other than provide comfortable sinecures for out-of-work politicians. No doubt, many on its rolls have their heart in the right place but they are rarely heard. Barring a few exceptions, it has never had a chairperson who commanded enough respect or authority for the government to take the commission’s recommendations seriously.

Critics also point out that as an autonomous statutory body, NCW is expected to be non-partisan. However, many see it as body of the ruling party. Past chairpersons and members have been politicians or have had significant political connections. The current and formers chairpersons are Congress politicians from Rajasthan. This pattern was evident even under BJP leadership. Critics contend that these political appointments come at the cost of appointing qualified and competent civil society leaders who have decades of experience in women’s issues. Human lawyer Vrinda Grover believes that NCW appointees are chosen through their connections, because of their expertise in women's rights issues. The well-known anti-domestic violence campaigner and lawyer, Flavia Agnes, agrees. Agnes says that the government “has continuously pandered to particular women whom the government wants to please and put them there [NCW]. And it [NCW] becomes ornamental…” Politicization further affects the performance of the commission as condemnations, recommendations, and other actions are conducted with the interests of the ruling party in mind. Former chairperson of the NCW Mohini Giri put it bluntly: “Political appointments are ruining the institution."

The other major issue that critics raise is that NCW is neither powerful enough nor willing to influence change. Citing its status a recommendatory body without “investigative or punitive powers,” they point to its poor performance. From January to May 2012, 6,700 complaints were registered with the commission. Only 60 were heard and no numbers exist for successful resolution of these 60. Stating that NCW “fire fights” from case to case, a prominent activist highlighted NCW’s lack of focus on “policy interventions” or mechanisms to fill legal gaps. Critics also point out the NCW recommendations are not taken seriously. Not only are they non-binding, it appears that most ministries and departments simply do not respect the institution or the chairperson. Mohini Giri pointed out that “A plethora of recommendations made by NCW since its constitution in 1992 are lying in cold storage. These recommendations have neither been accepted nor rejected. All the work done by NCW seems to be going waste.”

Critics also argue that after two decades, women in India are still far behind men, especially in rural areas. The Guwahati fiasco is not an isolated incident. Rape, murder, gender-based abortion, and other such crimes are a daily occurrence. Proponents of scraping the NCW in its current form reiterate the need for such a body; however the ineffectiveness of and lack of respect for the current institution is hurting women’s cause more than helping. The stress that without fundamental structural changes the NCW will not be able to carry out its mandate to the fullest extent.

The NCW Has Failed the Indian Woman. It Should Be Scrapped (by Sagarika Ghose, Firstpost)

Face the Nation: Is the NCW Incapable of Handling New Challenges? (IBN Live)

Guwahati Molestation: Activists Demand NCW Restructure (IBN Live)

Guwahati Shame: NCW Needs To Reinvent Itself (by Sagarika Ghose, IBN Live)

NCW should not be Disbanded

Supporters of this position, primarily current and former members and chairpersons, acknowledge the commission’s problems. However, they argue that Alka Lamba’s case is an isolated incident and that the NCW should not be judged on it. Mamta Sharma, the current chairperson, says that despite its lack of powers, NCW has solved thousands of cases since its inception in 1992. She also believes that even though it’s a recommendatory body, does not mean that the commission has no real output. In a television debate, a current member of the NCW stated that the commission is upholding its mandate and doing the “best” that it can.  A former chairperson pointed out that Alka Lamba is not a member of the commission and that committees appointed by the commission in the past have included “eminent members of activists.” Supporters contend that the NCW is an effective organization working under financial and administrative constrains as well as legal and manpower restrictions.

Should the National Commission for Women Be Disbanded? (NDTV)

It's Just a Kitty Party (by Lalita Panicker, Hindustan Times)

Guwahati Molestation: NCW an Extension of the Government? (by Marya Shakti, IBN Live)

The National Commission For Women: Assessing Performance (by Sadhna Arya, Center for Women’s Development Studies, Indian Council for Social Science Research)

Girija Vyas

Dr. Girija Vyas was the 5th chairperson of the NCW, serving from February 2005 to February 2008 and again from April 2008 to April 2011. Born in 1946, Dr. Vyas received her M.A. and Ph.D. in Philosophy from the University of Udaipur, and received a Post Doctoral Fellowship at the University of Delaware. She taught philosophy at the University of Udaipur and the University of Delaware and also served as the Head of the Philosophy Department at the University of Udaipur. A member of the Congress Party, she served as a member in the Rajasthan Legislative Assembly from the 1985 to 1990. In this position, she oversaw a variety of ministries including State, Tourism, Finance and Taxation, and Dairy and Animal Husbandry. She was elected to the 10th, 11th, 13th, and 15th Lok Sabha from the Chittogarh constituency, Rajasthan and was subsequently assigned and appointed to a range of committees and leadership positions. Her 15th Lok Sabha assignments include, among others, the Business Advisory Committee; Panel of Chairmen; Committee on Railways; Consultative Committee, Ministry of Health; National Integration Council; and Railway Convention Committee. She also previously served as the president of the All India Mahila (Women) Congress. Dr. Vyas is also a published author and poet.

During her time at NCW, Dr. Vyas worked on a number of important legislations pertaining to rape, marriage, sexual harassment, workplace, safety, dowry, women’s healthcare, human trafficking, crimes against women, reservations for women, and adultery.

Official Bio