Roadmap for Answer Writing Introduction Briefly introduce the NHRC and its role. Mention its establishment under the Protection of Human Rights Act (PHRA), 1993. Define the role of NHRC as a human rights watchdog in India. Challenges in Effectively Performing its Role Limited Powers NHRC can only ...
Model Answer The National Commission for Women (NCW), established in 1992 under the NCW Act 1990, serves as a pivotal body to safeguard and promote the interests of women in India. Its core functions include: Investigation and Examination: The NCW investigates violations of women's rights, ensuringRead more
Model Answer
The National Commission for Women (NCW), established in 1992 under the NCW Act 1990, serves as a pivotal body to safeguard and promote the interests of women in India. Its core functions include:
- Investigation and Examination: The NCW investigates violations of women’s rights, ensuring that laws meant to protect women are effectively implemented.
- Reporting and Recommendations: It submits annual reports to the Central Government, evaluating the implementation of legal safeguards for women and suggesting improvements.
- Handling Complaints and Suo Moto Notices: The NCW addresses complaints related to violations of women’s rights and can also take suo moto action in cases of non-compliance with laws or policies.
- Inspection and Remedial Actions: It inspects institutions like jails and remand homes where women are housed, recommending corrective actions where necessary.
- Miscellaneous Functions: These include conducting special studies on women’s issues, advising on economic development plans, and funding litigation for issues affecting a large number of women.
Impact of Civil Court Powers on the NCW’s Effectiveness
Possessing civil court powers significantly enhances the NCW’s ability to address women’s issues in the following ways:
- Legal Standing: As a quasi-judicial body, the NCW’s findings and recommendations carry substantial weight, influencing government actions. The Commission can also employ officers and agencies from central or state governments to support its investigations.
- Greater Authority: The NCW can summon individuals, compel their attendance, and examine them under oath, providing it with the necessary tools to enforce compliance and ensure accountability. For instance, it recently summoned the private secretary of the Delhi Chief Minister in a high-profile assault case.
- Access to Information: The NCW can demand the production of documents and records relevant to investigations. This empowers it to seek Action Taken Reports from the police, expediting justice for women.
- Comprehensive Investigations: The power to examine witnesses and accept evidence on affidavits ensures thorough and detailed inquiries. An example is its intervention in the 2023 voyeurism case in Udupi, where it worked to ensure impartiality and fairness.
In conclusion, the civil court powers of the NCW significantly bolster its capability to enforce women’s rights and hold authorities accountable, ultimately contributing to a more robust mechanism for women’s protection in India.
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Model Answer Limited Powers: While NHRC can make recommendations, it lacks enforcement authority. It relies on the government to act on its suggestions, which often leads to non-compliance. This limitation has led to criticism, with the former Chief Justice of India calling NHRC a "toothless tiger".Read more
Model Answer
Factors Hindering NHRC’s GANHRI Accreditation
NHRC has also faced difficulties in obtaining accreditation from the Global Alliance of National Human Rights Institutions (GANHRI) due to its non-compliance with the Paris Principles:
Conclusion
To enhance its effectiveness and secure GANHRI accreditation, NHRC must address these issues by strengthening its independence, enhancing enforcement powers, and ensuring greater transparency and resource allocation.
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