Professional Documents
Culture Documents
Failures
It was born out of successive women’s movements demanding a
representational conduit between itself and the state
Various women’s organizations have been complaining against the
commission over the fact that it has been ignored by the government on
policy issues and over the ad hoc manner in which the women's groups
have generally been asked be part of any consultative process
The Commission lacks autonomy and in the performance of its role has
been restricted by its institutional design. The NCW Act does not lay down
any minimum requirement for members and has not stipulated a
procedure of selecting the members with the result that the selection
process is in total control of the party in power
Rather than acting with an independent mandate and as a buffer between
the citizens and the state, the commission has largely acted as a
department of MWCD
The recommendations of the commission are hardly ever listened to
Successes
However, some women’s organizations have been able to gain minimal
concessions from the commission in isolated cases (such as issues of
female construction workers, women in prostitution, mahila sarpanches
etc.) thus showing that though tough, there is a possibility of the
commission being used judiciously
The commission has also produced good reports on occasion (such as on
child prostitution, status of muslim women etc.)
Composition
Chairman (an ex-CJI) + 8 members (a present or ex judge of SC, a present
or ex CJ of an HC, 4 ex-officio members who are chairpersons of National
Commission (of minorities, SC, ST, Women), 2 with experience in human
rights)
Appointed by (6): PM + Home Minister + Leaders of Opposition in LS
and RS + Lok Sabha speaker + Deputy Chairman of RS
Formed as per the ‘Paris Principles’, which provide that such an
institution should provide a broad mandate, representative composition,
wide accessibility, effectiveness
Successes
Succeeded in persuading the central government to sign the UN
Convention against Torture
Number of complaints received has been rising over the years, showing
greater awareness
Failures
However, about 60% of the cases come from just 4 states, indicating that
not many people know about the charter of the commission
Number of pending cases has also been rising sharply
The commission is completely dependent on the government for
manpower and finances
Cannot investigate any actions of the armed forces
Cannot enforce it’s own findings
Given the high rates of backlog in Indian courts, a tribunal like this one
can go a long way in improving the situation of disposal of environmental
cases
NGT, since it’s inception, has shown a disposal rate of about 60%, which is
significantly higher than overall judicial disposal rates; still, in absolution,
the pendency remains high, showing manpower constraints
Also, since the NGT is located in only five big cities across India, and has
now taken the powers of lower courts, access to people from remote
areas (especially tribals) is now constrained
There have been some protests from the Ministry of Environment that the
NGT has been overstepping its brief; it is not clear whether the NGT has
suo moto powers, whether it can review and direct changes in rules and
regulations (power of judicial review); thus, there is condierable friction
between the NGT and the MoE