RGNUL’s National Seminar on Human Rights

AUTHORS’ BIOGRAPHY

Name                          :  Hera FatimaCourse                        :  B.A,L.L.B(Hons.)University                   :  Faculty of Law, Jamia Millia Islamia, New Delhi.Contact Number        :  +919711522193Address                       :  27, Begum Anis Kidwai Hostel, Hall of Girls Residence ,                                         Jamia Millia Islamia, New Delhi – 110025E-mail Id                     :  herafatimanaqvi@gmail.com

Name                          :  Urvi Saxena Course                        :  B.A,L.L.B(Hons.)University                   :  Faculty of Law, Jamia Millia Islamia, New Delhi.Contact Number        :  +919899789950Address                       :  602 / E 15-A, Ward 3, Mehrauli, ND-110030 E-mail Id                     :  saxena.urvi27@gmail.com

THEME:  Feminist critique of existing institutions for protection of rights of women and children

ABSTRACT:

Writing feminist critiques is a task which is so abstract that the authors find themselves in labyrinth. Feminism, unlike other ideology that shape rational acertance and sometimes aggressive (quality that feminist regard vests on the masculine side of the duality principle), thoughts. Feminism is an ideology which is fluid, plural and diverse rather than solid, unified and monolithic body of thought. It probably is the most loosely woven doctrine. As this point it would be a valid for the authors to ask themselves on what principles are they then basing their critique on. It is safest to conclude that “ at the very least a feminist is someone who holds that women suffers discrimination because of their sex, that they have specific needs that remains negated and unsatisfied and that the satisfaction of these needs would require a radical change in the social, economic and political order”1. Though it is hardly possible to specify a core of beliefs that one can call feminist, it is also true that there is hardly any belief, policy, institution or idea that is not contested by feminist.

The authors present a feminist critique of The National Commission for Women in this paper.

In India the demand for a dedicated institution to address the issues of women first came up when committee on status of women in India (CSWI) in its elaborate report brought forth the failure of the government to ensure application of rights guaranteed by constitution to women. However the period between 1970 (the time when the demands for NCW were first raised) to 1990 was marked by emergence of women’s group and vibrant proliferation of Women’s Movement. By the time the NCW was institute Women’s Movement have moved 1 Rosalind Delmar Oakley (1986)

far ahead in its understanding of women’s issue. The paper thus analysis how the NCW which was created to voice these Movements grew aloof and at bay from them. The authors further criticize the commission as an embroilment of patriarchal value. Finally the authors venture to find a way out of the cul-de-sac that the commission has come to.

A FEMINIST CRITIQUE ON THE NATIONAL COMMISSION

FOR WOMEN

INTRODUCTION

Feminist struggle in India has seen a gradual but steady progress. Though feminist struggle

has been completely different in India than how it came about to be in the West, it has been

well theorised in the Indian perspective and has been sensitive to indigenous needs. Women

have been the Harijans of our society. With respect to every social index indicators viz. sex

ratio, literacy rates, per capita income, life expectancy, women have and still lag behind men

by substantive numbers2. Despite a longstanding and vigorous women’s movement with

many achievements, patriarchy remains deeply entrenched in India, influencing political and

social institutions and determining opportunities available to women and men.3

Gender has been a central ‘issue’ in India since the colonial encounter. An overwhelming

preoccupation with the “woman’s question” arose from the 19th century social reform

movement, crucially informed anti-colonial nationalism, and remains a point of crisis in

India’s cultural, social, and political space. The recognition of gender as an issue forms the

basis for India’s women’s movement.

One prominent gender concern was status— that is, the rewards and benefits that accrued to

women on India’s journey to self-determination, statehood, democracy, progress, modernity,

and development. In 1974 the Indian government published a report, Towards Equality, that

put status of women forcefully on the national agenda by arguing that the position of Indian

women had declined, not improved, since 1911 (Committee on the Status of Women 1974).

As a result development and progress became gender issues. Data on gender discrimination in

employment, education, land distribution, inheritance, nutrition, and health became

impossible to overlook. The women’s groups and organisations had captured the aspirations 2 2011 census of India3 April 2000, The World Bank, Development Research Group, Poverty Reduction and Economic Management Network

of women of India and in order to channel that effort the demand for a national level was felt

inevitable.

Our society is a patriarchal society and the political class of India is an embodiment of

patriarchy. Hence an institution for women can never achieve its object of women’s political,

social and economic emancipation unless it is divorced from political power.

The demand for a national institution was voiced with a lot of hope and expectations from

feminist groups in India. The National Commission for Women (NCW) set up in 1992 under

the National Commission for Women Act 1990 is not the answer to feminist struggle in India

because its fundamental drawback lies in its nexus with the political class of India which is

essentially patriarchal.

THE GENESIS OF THE NATIONAL COMMISSION FOR WOMEN: AN ANACHRONISM

If feminism is the awareness of women’s oppression and exploitation in the society, then

women’s movements signifies conscious action to change this situation. A conscious

awakening to patriarchal control in a society, to discrimination and misogyny at material and

ideological levels is as history substantiates, culminates into vibrant organised struggles by

women. The negotiation and conflict between patriarchy and the women’s movement are

central to the constitution of a Nation.

Before the demand for the National commission for women came up for the first time in 1971

and even before it was established in 1990, India had been witnessing a plethora of women’s

movements. These movements had been sprouting at grass root levels that feminists in India

today claim as their precursors. Some of the far reaching movements were the Anti-Alcohol

Agitation in parts of western India by the Self Employed Women’s Association (SEWA) in

1974, The Stri Sangharsh formed in Delhi in 1979, campaigns against dowry (1980-1983),

Campaigns against domestic violence and rape (1987), establishment of Centre for Women’s

Development Studies (1980), Agitaions in solidarity with Shah Bano and movements against

Muslim Women’s Bill are some of the far reaching movements that decorated this period

with women’s issues coming out to the forefront. 4 This period was also rich with regard to

feminist literature. There was increased support for women through counselling, awareness

programs, shelter homes and legal advice.

4 http://www.outlookindia.com/article/History-of-Feminist-Movement-in-India/200428

The CSWI report acted as a catalyst in spurring the demand for policy and action programs

from the government. “‘Towards Equality’ gave fuel campaigns, women’s groups and

coalition in diverse and unpredictable ways”5 the report brought to light in an official form

the fact that the principal violator of women’s rights is the Government itself which.

Facilitated by the report, the women’s movement created the necessary pressure on the

Government to include in its policy making the needs and issues pertaining to women. It

pressed for the need for increased accountability from the government towards violation

carried out by the government under the garb of development and increased

bureaucratisation.

The CSWI report itself was prepared with constant cooperation and support of women’s

groups. Vina Mazumdar, Member Secretary of the CSWI recalls that when she joined the

Committee, she began the process of denning her research methodology, creating

questionnaires that she sent to women’s organisations across the country. These organisations

returned thousands of them which came in eight different languages.6

In this backdrop an autonomous institution was the need of the hour, one that would

consolidate the efforts of these scattered women’s movements and more essentially move

forward from where these movements had left at the task of feministic awakening of the

country. The National Commission for Women far from answering this call, halted this

process of awakening happening in the intervening period of about two decades from 1970-

1990s. The NCW’s establishment was an anachronism in this period as women’s movements

by this time had moved far ahead in understanding of women’s issues. The Institution was

expected to be divorced from other mechanisms of the Government that claimed to be

working for the interests of women which though wearing a statutory character would be free

from the control of the government. However, the NCW instead perpetuated government

control and increased bureaucratisation both of which were identified as the major source of

oppression of women in India. In this sense the National Commission for Commission for

Women was a set back in the feminist struggle of India. It would not be an understatement to

comment that the Commission’s establishment was regressive for the times to come.

THE STRUCTURE OF NCW: PROXIMITY TO POWER

5 Gender and Neo-Liberalism: All India Democratic Women’s Association and Globalisation Politics, Elisabeth Armstrong, 20146 Gender and Neo-Liberalism: All India Democratic Women’s Association and Globalisation Politics, Elisabeth Armstrong, 2014

When it comes to making a difference in the status of women, a feminist would never place

faith on the Centre of Political power to bring about this change. This is for the simple logical

reason that a politics is the embodiment of patriarchy. Among all superstructures of the

society starting from family, the community, religion, the Rulers represent the highest form

of discrimination. Hence an institution which is to work towards the emancipation of women

has to be free from political influence without which it is toothless and only ornamental.

When the demand for a Commission dedicated to the task of working towards the issues of

women arose, it was always intended to an autonomous. The CSWI report endorsed the

recommendation given by the UN Commission on the Status of Women in its 25 th report for a

statutory and autonomous Commission “with a mandate to review, evaluate and recommend

measures and priorities to ensure equality between men and women in all sections of national

life.” referring to the proposal for a Commission, report says, “we have given Consideration

to this type at the State and National levels. We also believe it was imperative for such

commission to have certain recommendatory powers as well as statutory autonomous status if

they are to be effective in their functions.”7

The NCW’s structure is a top down institution with Central Government at its nodal point.

The power trickles from the centres of political power and the women are the last ones to

receive it. It may also be seen as a core and periphery structure where the political power

dissipates from the core and women have been pushed to the periphery who are the last ones

to receive the benefits of the its actions. Hence the Commission puts women as the ends of

welfare and not the means. Women become the targets and not the participants in the decision

making.

A simple perusal of the National Commission for Women Act tells us that the NCW is not an

autonomous body. The chairperson and members of the Commission are nominated by the

Central Government.8 The Act is silent on the procedure of appointment. One would have

expected that the appointment procedure would if not wholly independent of political

influence, to be atleast be similar to appointment procedure of the NHRC 9 chairperson and

members. None of the governments have accepted the repeated demand of women’s groups

that the selection of Chairperson and members should be from a panel prepared in

7 CSWI Report p. 3538 S3(1) Constitution of the National Commission for Women- The Central Government shall constitute a body to be known as the National Commission for Women to exercise the powers conferred on, and to perform the functions assigned to it under this Act.9 consists of a panel headed by the Prime Minister, the Chief Justice of India and the Leader of Opposition

consultation with women’s groups. Even the NCW itself made a subtle recommendation in

amendment of the provision of S3(1) of the 1990 Act by inserting after the words ‘the

Central Government’ the words ‘in consultation with the Chairperson,’10 , but even this

concession could not be accepted by the governments.

With such an appointment procedure, political considerations are bound to seep in. it has

been time after time seen that NCW Chairpersons change with change in the Government and

their loyalties, not surprisingly enough, can be easily traced to the party in the Centre. The

seats of members have become parks of political nepotism and as a result it has been noted

that people who haven’t had any experience in field of working with women’s struggle have

been appointed as Chairpersons.

While the commission has made efforts to involve women's groups in its work, the method

has been ad hoc and half-hearted. There have been repeated complaints from the women's

groups over the manner of calling meeting to discuss important issues when either the

relevant papers were not available or the notices reach them only after the meetings had

already taken place or the opinions of women's groups were not heeded to while sending

recommendations to the government or such recommendations of government were accepted

that go against the interests of women. 11

The control of Government in appointment procedure has affected the very purpose for which

the Commission was envisioned which was to act as a watchdog against discriminatory

policies and actions of the Government towards women. Both the recommendatory function

and autonomy of the Commission has been impinged upon.

The proximity of the Commission to political power has kept any ground breaking change in

the status of women to come about. The best example to substantiate this is the

Representation of Women’s Bill which is yet to see the light of day in the Parliament.

In cases where violence on women and other human rights violations are carried out on

women which are state sponsored, the silence of the NCW is deafening. In this regard the

NCW’s report on the 2002n Gujarat riots was widely criticised by women’s groups. The

10 Review of Laws and Legislative Measures Affecting Women by National Commission for Women, No. 21, The National Commission for Women Act 199011 Refer to letters dated 23rd March 1993, 15th February 1994, 17th March 1999, 5th May 1999 to the Chairperson of the Commission by women's Organisations, (AIDWA and NFIW Files) A number of letters written to the Commission in the process of consultations on The Bill on Sexual Harassment at the Workplace, (Saheli Files).

NCW in its report consciously refused to criticise the State Government’s passivity when

crimes on women when on large scale unleashed on women of a particular community. The

report also failed to recognise those crimes as crimes of hatred and misogyny and rather

naïvely reported them only as mere incidents of sexual violence. The report was silent on the

role of the State in support to large scale violence.12

Another instance where action against State sponsored violence against women is required

and the NCW’s efforts in that regard have seemed to be ineffective is the impact of conflicts

in states which are under AFSPA. Though the National Commission for Women Act 1990

does not extend to the Sate of Jammu and Kashmir, the north eastern States of Nagaland and

Tripura comes well under the 1990 Act. The Armed Forces (Special Powers) Act (AFSPA),

which provides immunity to India’s soldiers for acts committed in the line of duty, has been

under fire for years. Critics say that the law allows security forces to get away with no end of

brutality. While the government occasionally mulls repealing the act, without following up on

it, one issue has been receiving a lot of attention in recent months — the way soldiers who

commit violence against women also manage to hide behind its protective clauses. Justice

J.S. Verma Committee looking into legal reforms related to violence against women called

for a review of the AFSPA. It noted that “impunity for systematic or isolated sexual violence

in the process of internal security duties is being legitimised by the AFSPA” and “women in

conflict areas are entitled to all the security and dignity that is afforded to citizens in any

other part of our country.”13 Though the Commission has acknowledged the effect of armed

conflict on women and that the State Government has chosen to look the other way 14 yet it

has not been able to push any reform.

INTERNATIONAL STANDARDS: THE PEFERABLE OUTLOOK

International law, prior to the emergence of Feminism was indefinite with regard to women’s

rights, thus far largely resisting feminist analysis on any concerned issue. The assertion

behind it was; the concerns of public international law do not, at first sight, have any

particular impact on women: issues of sovereignty, territory, use of force and state

responsibility, for example, appear gender free in their application to the abstract entities of

12 The Report of the National Commission for Women on the Status of Women and Children in Gujrat13 The Telegraph Report, June 19, 201314 Study conducted by Centre for North East Study and Policy Research (C-NES) on request of the NCW: Impact of Conflict on Women in the states of Nagaland and Tripura (Order no. 16[43]/2003-NCW/4754 dt. Sept.11, 2003).

states15. Only where international law is considered directly relevant to individuals, as with

human rights law, have some specifically feminist perspectives on international law begun to

be developed16. Feminist Movement positioned gender and women’s issue beyond academe

and as a recurring item on international and political agenda. Thus, feminist confrontation

with International Law constituted a factual ascendency in international human rights,

criminal law and in standardizing good governance.

The United Nations has played a predominant role in the proliferation of women’s right and

has pledged to promote equality and non-discrimination throughout the world17. The United

Nations Charter (1945), Universal Declaration of Human Rights (1948), International

Convention on Economic, Social and Cultural Rights (1966) and International Convention on

Civil and Political Rights (1966) and paramount instrumentalities for fortification and

advocating for the same. In addition, the Convention on the Elimination of All Forms of

Discrimination against Women (1979), plus an Optional Protocol and the Convention on the

Rights of the Child (1989) has also aided the agenda.

Separate focus on women in configuration of Women's Convention, Conferences and

Declaration by international institutions proved propitious. Issues of distinct concern to

women (for example, trafficking in women and prostitution)18 and to the fact that not all

women have the same problems (for example, rural women have special needs)19 was brought

under observation. The U.N. has sponsored periodic world conferences that identify issues

and develop strategies to improve the status of women on world-wide basis.

In 1979, the General Assembly adopted the comprehensive Convention on the Elimination of

all Forms of Discrimination Against Women (CEDAW)20, often called the International Bill

of Rights for Women21. The Convention defines gender discrimination as “any distinction,

exclusion or restriction made on the basis of sex which has the effect or purpose of impairing

15 Hilary Charlesworth, Christine Chinkin and Shelley Wright, 'Feminist Approaches to International Law' [ Vol. 85, No. 4 (Oct., 1991)] The American Journal of International Law 613-645.16 Holmes, A Feminist Analysis of the Universal Declaration of Human Rights, in BEYOND DOMINATION: NEW PERSPECTIVES ON WOMEN AND PHILOSOPHY 250 (C. Gould ed. 1983).17 U.N. Charter art. 1, para. 3.18 GA Res. 34/180 (Dec. 18, 1979) (entered into force Sept. 3, 1981). See also Declaration on the Elimination of Discrimination against Women, GA Res. 2263 (XXII) (Nov. 7, 1967), Art 6.19 Ibid, Art 14.20 Convention on the Elimination of all Forms of Discrimination against Women, Dec. 18, 1979, 1249 U.N.T.S. 13 [hereinafter CEDAW].21 Overview of the Convention, UNITED NATIONS,(2009), http://www.un.org/womenwatch/daw/cedaw/

or nullifying the recognition, enjoyment or exercise by women . . . of human rights and

fundamental freedoms in the political, economic, social, cultural, civil or any other field22.”

From its inception, the United Nations has been in the forefront of advancing women’s legal

rights through the development of norms relating to gender equality23. Although both the

U.N. Charter and the UDHR speak in terms of equal rights for men and women, a special

commission was proposed to implement this guarantee24.

The Commission On The Status Of Women

The Commission on the Status of Women (CSW) was established by the U.N. and continues

to be the principle global policy body dedicated exclusively to gender equality and the

advancement of women25.The utilitarian commission of the United Nations Economic and

Social Council(ECOSOC),evaluates advancement on gender equality, identify obstacles,

prescribe global standards and devise concrete policies to propagate gender equality and

advancement of women worldwide. UN agencies earnestly follow their mandates to bring

women into progressive approaches, programs and conferences. They participate at the

prepcoms, design strategy, hold caucus meetings, network about the various agenda items

being negotiated in the different committees, and work as informed lobbyists at the

conferences themselves. The CSW is one of the commissions of the UN that do not limit

participation to states only. For example, NGOs are also allowed to participate in sessions of

the CSW, attending caucuses and panels and organizing their own parallel events through the

NGO Committee on the Status of Women, NY (NGO CSW/NY)26. This is particularly

important for contested territories such as Taiwan, which is not a member of the UN. Among

its activities, the CSW drafted several conventions and declarations, including

the Declaration on the Elimination of Discrimination against Women in 1967 and women-

focused agencies such as UNIFEM and INSTRAW.

UN Women

The United Nations Entity for Gender Equality and the Empowerment of Women, also

known as UN Women, was created by the United Nations General as an operational entity for

22 CEDAW, art. 1.23 Global Issues: Women, UNITED NATIONS, www.un.org/en/globalissues/women/ (last visited Jan.4, 2015)24 Mary Ann Glendon, The Rule of Law in the Universal Declaration of Human Rights, 2 N.W. U. J. INT’L HUM. RTS. 5, 3 (2004),25Commission on the Status of Women: Overview, UNITED NATIONS, http://www .un.org/womenwatch/daw/csw/ (last visited Jan. 4, 2015) (noting that the CSW is “dedicated exclusively to gender equality and advancement of women”).26 UN Commission on the Status of Women, Fifty-first session. Accessed on December 16, 2014.

the empowerment of women, bringing together resources and mandates for reformation. It

merges and builds on the important work of four previously distinct parts of the UN system,

which focused exclusively on gender equality and women’s empowerment27:

The mandate and functions of UN Women consist of the consolidated mandates and

functions of the Office of the Special Adviser on Gender Issues and Advancement of

Women, the Division for the Advancement of Women, the United Nations Development

Fund for Women and the International Research and Training Institute for the Advancement

of Women. In addition, the entity must lead, coordinate and promote the accountability of the

United Nations system in its work on gender equality and women's empowerment. The goal

of UN Women is to enhance, not replace, the efforts by other parts of the UN system such

as UNICEF, UNDP, and UNFPA, all of which will continue to work for gender equality and

women’s empowerment in their areas of expertise28.” 

In accordance with the provisions of resolution 64/289, UN Women will work within the

framework of the Charter of the United Nations, the Beijing Declaration and Platform for

Action – including its 12 critical areas of concern and the outcome of the twenty-third special

session of the General Assembly –as well as other applicable United Nations instruments,

standards and resolutions that address gender equality and the empowerment and

advancement of women29.

In late 2013, a series of ads, developed as a creative idea for UN Women by Memac Ogilvy

& Mather Dubai, used genuine Google searches to reveal the widespread prevalence of

sexism and discrimination against women30  A similar campaign was also run to raise

awareness for gay rights31.

Also in late 2013, UN Women launched a constitutional database that examines constitutions

through a gender lens. The first of its kind, this database maps the principles and rules that

guarantee, deny, or protect the rights of women and girls around the world. This tool for

gender equality and human rights activists is annually updated and searchable, and provides a

comprehensive overview of the current status of provisions relevant to women's

rights and gender equality across various countries throughout the world. Users can search

27 http://www.unwomen.org/en/about-us/about-un-women (Accessed on January 4,2015)28 http://www.unwomen.org/en/news/stories/2013/7/phumzile-mlambo-ngcuka-appointed-as-new-un-women-executive-director29. http://www.un.org/ga/search/view_doc.asp?symbol=A/RES/64/289" . United Nations General Assembly. 2010-07-21. (Accessed on January 4,2015)30 http://www.unwomen.org/en/news/stories/2013/10/women-should-ads, (Accessed on January 4,2015)31 http://www.huffingtonpost.com/charles-radcliffe/google-auto-complete-gays_b_4153399.html?ir=India, (Accessed on January 4,2015)

though the database by keyword, and legal provisions are grouped into 16 categories that

were carefully defined by reviewing the constitutions from a human rights perspective32.

HeForShe is a solidarity campaign for gender equality initiated by UN Women. It aims to

engage men and boys as agents of change for the achievement of gender equality

and women’s rights, by encouraging them to take action against inequalities faced by women

and girls33.

At international level, understanding the prerequisites of women’s right various successful

implementations measures was adopted. These measures are approximately successful in

proliferation of women’s rights; promote equality and non-discrimination throughout the

world. The National Commission for Women success rate is moderate and uninspiring. The

Commission taking cognisance of the work done at international level should form strategies

and develop schemes for protect and promote women’s right.

CONCLUSION

In the 1970s Women’s issues were vehemently raised. The decade that followed witnessed a

proliferation of Women’s Movements, Groups and organisation. This period coincided with

International Women’s Decade (1975-1985). The Committee on Status of Women brought to

light the abysmal conditions of women in 1974. These Women’s movements had gained a

popular base among oppressed classes of women and had successfully identified the areas

requiring attention of the government. While these movements were successfully able to put

women’s issues in political context and pull them out of welfaristic politics, they were

scattered and a need was felt to consolidate their efforts. Hence demand for a National

Commission for Women was made by women’s organisations and was also recommended in

the CSWI report.The Creation of the Commission came so late (1992) that it put the women’s

organisations efforts in the previous decade at a back seat.

The Commission has no palpable legislative powers. It only has the power of

recommendation to amendments and submits reports which are not binding on state or Union

Governments. The power to select the members of the commission vests with the Union

Government and in India’s unpredictable political scenario the Commission may be

32 http://www.unwomen.org/en/news/stories/2013/12/un-women-launches-firstever-database-mapping-gender-provisions-in-constitutions-worldwide, UN Women, December 13, 201333 UN Women (22 September 2014). "Press release: UN Women Goodwill Ambassador Emma Watson calls out to men and boys to join HeForShe campaign". UN Women. Retrieved 22 September 2014.

politicized. Further, the Commission is dependent on grants from the Union Government for

its financial functioning which compromises the independence of the Commission.The

Commission’s jurisdiction is not operative in Jammu and Kashmir and considering the

present political unrest and human rights violations in the region, the Commission’s presence

there is vital. Shortcomings in the functioning of the Commission which, if resolved, would

lead to a more efficient and productive Commission.

A TOI report34 said, "A Commonwealth Human Rights Initiative (CHRI) analysis of reported

rape cases between 2001 and 2013 shows 2,64,130 rapes were reported in 28 states during the

13-year period - an average of almost 56 incidents of rape per day. In the seven UTs, the

average is almost two rapes per day. However, Delhi alone accounted for 8,060 reported

incidents during this period. While 16,075 cases of rape were reported in 2001 across all

states and UTs, in 2013, the figure stood at 33,707 - indicating an increase of 52.30%." With

the rising crime against women in our country, the spineless body has failed to break the ice

and has not done anything in this regard. The proposed amendments to NCW Act The women

and child development (WCD) minister, Maneka Gandhi wants to give teeth to the

commission and make it at par with the National Human Rights Commission (NHRC) and

thus has proposed various amendments to the NCW Act which are as follows35: It says that a

committee headed by the Prime Minister should select the chairperson of the commission

rather than the WCD minister doing it. Only a retired judge of the Supreme Court or a retired

chief justice of the High Court should be appointed as chairpersons of the NCW. Currently, a

person who committed to the cause of women and is nominated by the Centre is appointed as

chairperson by the WCD minister. It has proposed elevation of NCW to the status of a civil

court and says that its jurisdiction should also cover Jammu and Kashmir. After getting such

status, every proceeding before the commission will get the status of a judicial proceeding.

This will also empower the body to issue arrest warrants if the summons are not heeded to.

"The commission will be given the power to order arrest and if a person who has been

summoned fails to turn up. It can also impose a penalty of up to 5,000 for every incidence of

34 Himanshi Dhawan, 'One rape every 30 minutes in India' ( Jul 28, 2014) <http://timesofindia.indiatimes.com/india/One-rape-every-30-minutes-in-India/articleshow/39128982.cms> accessed 22 September 201435 Reetu Sharma, 'Time to give more teeth to spineless National Commission for Women Read more at: http://www.oneindia.com/feature/time-give-more-teeth-spineless-national-commission-women-1491496.html' (oneindia.com July 28, 2014 Read more at: http://www.oneindia.com/feature/time-give-more-teeth-spineless-national-commission-women-1491496.html) <http://www.oneindia.com/feature/time-give-more-teeth-spineless-national-commission-women-1491496.html> accessed 1 January 2015

default," said a source. Presently, since the NCW does not have the power to penalize, more

often than not, those summoned fail to turn up to attend the commission's hearings. To de-

politicise the NCW and to make it more powerful, the above moves are being made so that

they can address the real cause and help to solve them.36 The commission has not really been

active in taking up matters, rather they choose arbitrary issues like the recent Preity Zinta-

Ness Wadia controversy and just do the lip service by saying that strict action must be taken

against the accused. It never raised its voice on serious matters like women's safety too.

The National Commission for Women (NCW) is responsible for and answerable to 50 per

cent of the Indian population. But the ground reality is that its role is limited merely to

reactive interventions. A high-level committee on status of women had earlier said, "Role of

the National Commission for Women must go beyond reactive interventions to fulfil the

proactive mandate of studying, recommending and influencing policies, laws, programmes

and budgets to ensure full benefits to the stakeholders. More over its not only the duty of the

state but also it’s the duty of the citizens as a whole to look into if such miss conducts in out

society is taking place or not. There should me more public awareness and participation for

the women oppression so as make the work of the National Commission for Women more

justifiable37.

36 Ibid.37 Ibid.