Response to Amendments to the National Commission for Women Act, 1990
Save Family Foundation Para-Wise reply to Proposed Amendments
Date: 08th July 2014
To,
Shri A. B. Joshi,
Additional Secretary to the Government of
India,
New Delhi, India.
SUBJECT: Amendments to the National
Commission for Women Act, 1990.
Respected Sir,
Save Family Foundation
is part of the Save Indian Family Movement which has been working on the social
cause of promoting family and marital harmony since 2005. The movement is 40+
NGOs strong which are non-funded, non-profit and absolutely non-commercial. The
movement has helped over 20 crores Indians in past 10 years by providing
community help to them. The movement focuses primarily on Men Suicide in India
because of distress caused by Misuse of various Gender Based Laws. A disturbed
Man or loss of a son/brother/father/husband effects the complete family and
devastates them.
With this letter we wish
to strongly object and oppose the Amendments suggested by National Commission
of Women (NCW) vide The Commission for Women (Amendment) Bill, 2000. With the
said amendments, NCW has proposed to acquire powers of a Civil Court of India
for matters related to Crime Against Women.
We hereby wish to bring
to your kind notice on how is such a proposal is unconstitutional and grossly
wrong:
1. Mandate of NCW includes Investigate
and examine all matters relating to the safeguards provided for women under the
Constitution and other laws.
This means, that mandate of NCW is
ONLY for Women and thus a body which is mandated to protect interest of only one part
of a family/society (generally overriding the interest of Children, Senior
Citizens and Men) cannot even be considered for such an amendment.
2. Wish to state experts
from Speech on ‘Duties and Responsibilities of Judicial Officers’ by
Hon’ble Chief Justice of Madras. The Hon’ble Chief Justice said, “As a Judicial
Officer, you have to play multifaceted roles. On the judicial side, you
interpret the law, assess the evidence presented before you and control how
hearings and trials are to be conducted in the court. In our adversarial system
of justice, we must ensure that the evidence on both sides are
fully presented and that both sides are fully heard. Then you have to provide
an independent and impartial assessment of facts and apply the law to
those facts.”
When, Judicial officers
have duty to be impartial, can a body like NCW be ever be trusted for duty of
any court, when it’s mandate itself is for protecting the interest of Women and
NOT Citizens.
3.
We hereby also wish to show you the reality of our apprehension based on official
reply from the West Bengal Women’s Commission to a complaint filed by
a senior citizen mother against harassment done to her by her Daughter in Law. Can a
biased organization thus be entrusted with such an unbiased role? The State Women
Commission (State of West Bengal) denied picking the complaint from an old
Mother-In-Law of the harassment done to her by her Daughter-in-Law as a matter
of POLICY.
4.
With such an amendment, NCW, has questioned the very need of having
courts in India. This amendment is in reality questioning the sheer ability of our Hon’ble Courts by proposal of taking
matter in their own hands. Thus, such a proposal is a big threat
to the existence of the Constitution itself and hence needs to be
struck down with directions to NCW to first become impartial and atleast treat
Wife & Motherr-in-Laws/Sister-in-Laws, all as Women.
5. As it is, India under
influence and push of one-sided data consideration, has made 49 laws which are
Gender Biased (defying the section 15 of constitution of India). By a proposal to give
powers of a Civil Court to NCW, it would further infringe the fundamental
rights on Men, Children and Senior citizens. Empowerment must not be provided by infringing
rights of others.
POINT WISE REPLY TO AMENDMENTS:
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Section
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Existing Provision
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Proposed Amendment
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Rationale
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Comments / Objections
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1 (2)
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It
extends to the whole of India except the State of Jammu and Kashmir
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It
extends to the whole of India
Provided
that it shall apply to the State of Jammu & Kashmir only in so far as it
pertains to the matters relatable to any of the entries enumerated in List I
or List III in the Seventh Schedule to the Constitution as applicable to that
State.
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As the
NCW receives a number of representations from J&K regarding violation of
women’s rights, the Commission’s presence in the State is vital for
safeguarding the rights of women in that State. The jurisdiction of the
Commission, therefore, needs to be extended to the State of Jammu and Kashmir
also.
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STRONGLY OPPOSED:
1. NHRC
extends its powers to J&K in current manner only. When citizens could
reach out to NHRC from J&K then why another commission needed in J&K?
2. Is
India having a single law? NO
IPC –
India EXCEPT J&K
CrPC –
India EXCEPT J&K
CPC –
India EXCEPT J&K & Nagaland and Tribal Areas.
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2
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Definitions-
In this Act, unless the context otherwise refers-
(a)
“Commission” means the National Commission for Women constituted under
Section3;
(b) “Member”
means a Member of the Commission and includes the Member-Secretary;
(c)
“Prescribed” means prescribed by rules made under this Act
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Definitions-
In this Act, unless the context otherwise refers-
(a)
“Commission” means the National Commission for Women constituted under
Section3;
(b) “Member”
means a Member of the Commission and includes the Member Secretary;
(c)
“Prescribed” means prescribed by rules made under this Act;
(d)
“Chairperson” means Chairperson of the Commission;
(e)
“Complaint” means any written petition, grievance communication etc. received
in the Commission or by the Chairperson, any Member or any officer, from an
aggrieved woman or a group of women;
(f)
“Complainant” means an aggrieved woman or a group of women who have made a
complaint personally or any individual or organization who has made a
complaint on behalf of an aggrieved woman or a group of women;
(g)
“Notification” means a Notification published in the official Gazette;
(h)
“Regulation” means Regulations framed by the Commission under Section----of
the Act.
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To bring clarity of the terms occurring in various provisions
of the Act for better interpretation.
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STRONGLY OPPOSED:
The
definition of ‘Complainant’ is completely wrong as per any law of the land.
Indian
law only allows an actual complainant to file a complaint via his/her legal
representative.
An
organization, if given a right to file complaints on behalf and be treated as
a complainant, it would be gross injustice done to the other party. As it is,
various Courts of India, including Hon’ble Supreme Court, have highlighted
GROSS misuse of various Gender Biased Laws and with organizations being given
authority to be a complainant, India will be responsible of increased Suicide
in Men & even increase in Crime because of no way out left for men.
Lot of
such organizations are already infamous for using false litigations to put
pressure on the opposite Party. So such a gender biased organisation, filing
a gender biased law based complaint in a Gender Based body like NCW, is the
darkest future of India as a Country.
Please
see this report on how such organizations have grossly misused Gender Biased
Laws.
Case against NGO for forcing
woman to file false rape case
A
complainant, has to be a DIRECT aggrieved party ONLY and NOBODY ELSE.
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3 (2)
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The
commission shall consist of –
(a) a
chairperson committed to the cause of women, to be
nominated by
the Central Government;
(b) five
Members to be
nominated by
the Central Government from amongst persons of ability, integrity and
standing who have had experience in law or legislation, trade unionism,
management of an industry or organisation committed to increasing the
employment potential of women, women’s voluntary organisations (including
women activists), administration, economic development, health, education or
social welfare; Provided that atleast one Member each shall be from amongst
persons belonging to Scheduled Castes and Scheduled Tribes respectively;
(c) a Member
Secretary to be nominated by the Central Government who shall be-
(i) an
expert in the field of management, organisational structure or sociological
movement, or
(ii) an
officer who is a member of a civil service of the Union or an all-India
service or holds a civil post under the Union with appropriate experience.
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The
commission shall consist of –
(a) a
Chairperson and five Members to be nominated by the Central Government as per
the procedure prescribed under the rules Provided that at least
one Member
each shall be from amongst persons belonging to Scheduled Castes and
Scheduled Tribes respectively;
(b) a Member
Secretary to be nominated by the Central Government who shall be an officer
who is a member of a civil service of the Union or an all- India service or
holds a civil post under the Union with appropriate experience.
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This helps
in bringing transparency in identifying the incumbents and serves the cause
of public accountability.
Since,
Member Secretary of the Commission is required to coordinate with various
authorities and State Governments from time to time, it is felt desirable to
fill the position only by a civil servant for effective functioning.
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STRONGLY OPPOSED:
Women,
Women, Women, thats all written all through the mandate of NCW.
Does the
Ministry appreciate existence of Men, Children, Senior Citizens? Who will
take care of these ignored set?
Giving
additional power to NCW is a HUGE infringement to the rights and sheer
existence of other Gender.
NCW
Chairmanship has a history of Political infighting to grab the position. This
fact itself proves the fact of how lucrative the position is considered to
be.
It is sad
to see that Chairmanship eligibility is not even thinking about if the
candidate has a history of working towards making Women Self-Reliant.
Historically, Chairman have been people who are working towards infringing
rights of Men to give false feeling of empowerment to Women. Is this what it
is supposed to be?
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4(4)
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A vacancy
caused under subsection(2) or otherwise shall be filled by fresh nomination
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(i) In the
event of occurrence of vacancy in the office of chairperson and members by
reason of death, resignation or otherwise, the Central Government to fill the
vacancy within 90 days and the person so appointed shall hold office for
remainder of the term of office of the previous incumbent in whose place,
he/she is appointed.
(ii) Senior
most Member by length of tenure shall act as chairperson or discharge the
functions in the absence of the Chairperson owing to leave or otherwise
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This ensures
continuity.
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STRONGLY OPPOSED:
The
Chairperson must first be evaluated and recruited based on the history of the
candidate on working of policies of self-reliance rather than parasitic
policies of burdening the Men or the tax payers. If the objective itself of
the commission isn’t self-reliance, then it cannot claim what it claims.
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5(1)
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The Central
Government shall provide the Commission with such officers and employees as
may be necessary for the efficient performance of the functions of the
Commission under this Act.
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(i) The
Central Government shall provide the Commission with such officers and
employees as may be necessary in addition to a police officer not below the
rank of Director General of Police for the efficient performance of the
functions of the Commission under this Act
(ii)
Notwithstanding any thing contained in the sub clause(i), subject to
availability of resources, the Commission may
engage
social scientists, research scholars, lawyers, academicians and other
professionals etc. on contractual basis for any project, task or purpose duly
observing the provisions of General Financial Rules, 2005 of the Union of
India, as amended from time to time
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(i)
Availability of a police officer brings quality in the investigation by the
Commission.
ii) This
will facilitate the Commission to access required professional advice and
inputs while discharging
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STRONGLY OPPOSED:
India, as
a country has alarming shortage of basic services which are MANDATORY for a
country to run and instead of bring these services to normal, the commission
wants the Government to keep filling their Human Resources?
How A Third of India’s Judiciary Just Does Not Exist
India's Alarming Police Shortage
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10
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Functions of
the Commission-
(1)
a.
Investigate and examine all matters relating to the safeguards provided for
women under the Constitution and other laws;
b. present
to the Central Government, annually and at such other times as the Commission
may deem fit, reports upon the working of those safeguards;
c. make in
such reports recommendations for the effective implementation of
those
safeguards for improving the conditions of women by the Union of any
State;
d. review,
from time to time, the existing provisions of the Constitution and other laws
affecting women and recommend amendments thereto so as to suggest remedial
legislative measures to meet any lacunae, inadequacies or shortcomings in
such legislations;
e. take up
cases of violation of the provisions of the Constitution and of other laws
relating to women with the appropriate authorities;
f. 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 and also to
achieve the objective of equality and development;
iii.
non-compliance of policy
decisions,
guidelines or instructions aimed at mitigating hardships and ensuring welfare
and providing relief to women, and take up the issues arising out of such
matters with appropriate authorities;
g. 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;
h. undertake
promotional and educational research so as to suggest ways of ensuring due
representation of women in all spheres and identify factors responsible for
impending their advancement, such as, lack of access to housing and basic
services, inadequate
support services
and technologies for reducing drudgery and occupational health hazards and
for increasing their productivity;
i.
participate and advise on the planning process of socio-economic development
of women;
j. evaluate
the progress of the development of women under the Union and any State;
k. inspect
or cause to be inspected a jail, remand home women's institution or other
place of custody where
women are
kept as prisoners or otherwise, and take up with the concerned authorities
for remedial action, if found necessary;
l. fund
legislation involving issues affecting a large body
of women;
m. make
periodical reports to the Government on any matter pertaining to women and in
particular various difficulties under which women toil;
n. any other
matter which may be referred to it by Central Government;
(2) the
Central Government shall cause all the reports
referred to
in clause (b) of sub-section (1) to be laid before each House of Parliament
along with a memorandum explaining the action taken or proposed to be taken
on the recommendations relating to the Union and the reasons for the
non-acceptance, if any, =of any of such recommendations.
(3) Where
any such report or any part thereof relates to any matter with which any
State Government is concerned, the Commission shall forward a copy of such
report or
part to such State Government who shall cause it to be laid before the
Legislature of the State along with a memorandum explaining the action taken
or proposed to be taken on the recommendations relating to the State and the
reasons for the non acceptance, if any, of any of such recommendations.
(4) The
Commission shall,
while
investigating any matter referred to in clause (a) or subclause (I) of clause
(f) of sub-section (1), have all the powers of a civil
court trying
a suit and, in particular in respect of the following matters, namely:-
a. summoning
and enforcing the attendance of any person room any part of India and
examining him on oath;
b. requiring
the discovery and production of any document;
c. receiving
evidence on affidavits;
d.
requisitioning any public record or copy thereof from any court or office;
e. issuing
commissions for the examination of witnesses and
f. any other
matter which may be prescribed.
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Functions of
the Commission-(1)
a.
Investigate and examine all matters relating to the safeguards provided for
women under the Constitution and other laws;
b. present
to the Central Government, annually and at such other times as the Commission may deem fit,
reports upon the working of those safeguards;
c. make in
such reports recommendations for the effective implementation of those
safeguards for improving the conditions of women
by the Union
of any State;
d. review,
from time to time, the existing provisions of the Constitution and other laws
affecting women and recommend amendments thereto so as to suggest remedial
legislative measures to meet any lacunae, inadequacies or shortcomings in
such
legislations;
e. take up
cases of violation of the provisions of the Constitution and of other laws
relating to women with the appropriate authorities;
f.
investigate into complaints and take suo moto notice of matters relating to
:-
i.
deprivation of women's rights;
ii.
nonimplementation of laws enacted to provide protection to
women and
also to achieve the
objective of
equality and development;
iii.
non-compliance of policy decisions, guidelines or instructions aimed at
mitigating hardships and ensuring welfare and providing relief to women,
and take up the issues arising out of such matters with appropriate
authorities;
g. 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;
h. undertake
promotional and
educational
research so as to suggest ways of ensuring due
representation
of women in all spheres and identify factors responsible for impending their
advancement,
such as, lack of access to housing and basic services, inadequate support
services and technologies for
reducing
drudgery and occupational health hazards and for increasing their
productivity;
i.
participate and advise on the planning process of socioeconomic development
of
women;
j. evaluate
the progress of the
development
of women under the Union and any State;
k. inspect
or cause to be inspected a jail, remand home
women's
institution or other place of custody where women are kept as prisoners or
otherwise, and take up with the concerned authorities for remedial action, if
found necessary;
l. fund
legislation involving issues affecting a large body of women;
m. make
periodical reports to the Government on any matter pertaining to women and in
particular various difficulties under which women toil;
n. any other
matter which may be referred to it by Central Government;
(2) the
Central Government hall cause all the reports referred to in clause
(b) of
sub-section (1) to be laid before each House of Parliament along with a memorandum
explaining the action taken or proposed to be taken on the recommendations
relating to
the Union and the reasons for the non-acceptance, if any, of any of such
recommendations.
(3) Where
any such report or any part thereof relates to any matter with which any
State Government is concerned, the Commission shall forward a copy of such
report or part to such State Government who shall cause it to be laid before
the Legislature of the State along with a memorandum explaining the action
taken or proposed to be taken on the recommendations relating to the State
and the reasons for the non-acceptance, if any, of any of such
recommendations.
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Existing
section 10(4) is deleted here and given a placement in the proposed chapter
relating to investigation.
To bring
clarity, the term ‘look into’ is proposed to be replaced by the term
‘investigate.
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STRONGLY OPPOSED:
(1)
a. India
as a country has Police Structure & even other intelligence and
investigation agencies to take care of violations of law, why should parallel
investigation agencies run based on special alleged requirements?
b. No
Comments
c. It is
an irony of this country that when it comes to making laws in India, only 1
gender is represented fully while other Gender, age groups are completely
ignored as even NFHS doesn’t include men nor does NCRB report crime against
men. It is a dire need to have National Commission for Men.
d. Laws
should be made after lot of thinking and discussions and cannot be made at
Knee Jerk Reactions or that or reports submitted by Bodies whose mandate is
not for the country or it’s citizens but purely for a particular gender.
India has suffered enough at the hands of laws made at such un-thoughtful and
biased views. NCW should be taken away from this process as one-sided reports
work towards biasing the thoughts and views of Law Makers and thus making
laws which are prone to Misuse and hence have directly affected very life and
existence of the ignored Gender, Men.
e. Any
cases of violations of Human Rights of Citizens or that of violation of Laws
of the land has appropriate existing authorities namely NHRC & the Court
of Law respectively to take care of any such violation. If we need to have a
watchdog everywhere then there is a dire need of a watchdog of that watchdog
and then another watchdog and so on and so forth. Where does the
responsibility end then?
f.
i. NHRC
is there doing the same job. Why duplication?
ii. NHRC,
Court of Law, Ministry of Women and Child Development, Ministry of Social
Justice jointly cover it. Why a need of duplication?
iii.
Compliance of policies is the responsibility of execution bodies and there
are more and enough safeguards internally in those departments to monitor and
take corrective actions. If NCW only has to do the entire watchdog’s work, then
why waste tax payers’ money to have such big Departments on Legislation &
executive bodies?
g. NCW
has a proven history of helping women ONLY against alleged atrocities /
harassment done by Men. NCW has always kept it’s silence on alleged
atrocities / harassment done to women by another women. Hence, the body must
not be allowed to run any one side researches to just create an Anti-Male
environment in the society.
h. Has
NCW ever taken a study towards making women self reliant? If no, isn’t NCW
being regressive on it’s thoughts & targets?
i.
Socio-economic development is needed for citizen as a whole. Deprivation is
nothing to do with Gender but with socio-economic status.
j. NCW
cannot be given an authority above of State and Union to evaluate.
k. No Comments.
l.
Legislation has to be as per the need based on independent and unbiased data.
Funding a Legislation is the gross violation of independent legislation in
any democracy.
m.
Government cannot be fed on one-sided data. Need of making National Commission
for Men and then only get data for all Genders and not to cloud the
understanding.
n. No
Comments
(2) If
Government has to be made answerable, why is that answerability being made
Gender Biased? This should ONLY by done by NHRC and if is to be done for
Genders then first make National Commission for Men.
(3)
States / Union cannot be made answerable to actions taken on report made by a
Gender Biased agency. Data is collected to it’s own convenience. NCW has
never done studies for citizen at general. Who is doing this for Men? This
recommendation looks more as an attempt to force Legislation &
Governments at whims and fancies of a body like NCW which does NOT have
mandate for all Genders, Ages, and Citizens.
(4) THIS
IS GROSS VIOLATION OF FUNDAMENTAL RIGHTS OF MEN. When the commission does not
have mandate to protecting Men, how can it be given any rights even closer to
a Civil Court? Courts are supposed to follow principle of Natural Justice
which will go VIOLATED if one gender is supposed to be ONLY A RESPONDENT. So,
India is heading towards making a Justice system where Men will ALWAYS BE
RESPONDENT? MEN WILL HAVE NO RIGHT TO START LITIGATION?
a. India
is now a country where a man under litigation (as a respondent) goes through
multiple cases for the same alleged offence thus violating his Human Rights
Guaranteed under Section 20(2) of Constitution of India. With this proposed
amendment, a man, on just a written complaint, would simultaneously summoned
by a Mahila Thana & a Court & even NCW now? Isnt this gross violation
of Human Rights of Men?
b. Giving
investigative authority to the commission shows a total lack of authority of
police. If NCW is so doubtful about usefulness of work, Mahila Thana or CAW
cell MUST be closed down first and a bigger debate should be initiated along
with Men’s Rights Organizations on this.
c. NCW
takes evidences or does investigation in very biased manner with focus of
blaming men for all crimes. Such a body cannot be entrusted with any such
powers.
d. If the
target of these amendments is to run parallel justice system, we would be
inducing further delay in already delayed justice mechanism. Government must
instead look towards strengthening the Justice system by first making more
courts and filling all vacancies of Judges.
e. NCW
does not have any mandate to allow men to file complaints of harassment done
to them and will always start proceedings with man being a respondent and
hence a biased system for any witness recording or examination. We cannot
allow NCW to question authenticity of the Judicial Justice delivery system.
As it is the Justice system is sometimes Anti Male in it’s judgements but
still citizens have some trust left on Judiciary. This amendment would take
away that trust too from Judiciary.
f.
Strongly opposed as an open ended demand will be MISUSED like so many laws
which are MISUSED already.
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New
Section (under
new
chapter
-
Investig
ation)
|
10 (4) The
Commission shall, while investigating any matter referred to in clause (a) or
subclaus e(i) of clause (f) of sub-section (1), have all the powers of a
civil court trying a suit and, in particular in respect of the following
matters, namely:-
a. summoning
and enforcing the attendance of any person from any part of India and
examining him on
oath;
b. requiring
the discovery and production of any document;
c. receiving
evidence on affidavits;
d.
requisitioning any public record or copy thereof from any court or office;
e. issuing
commissions for the examination of witnesses and documents; and
f. any other
matter which may be prescribed.
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I. The
Commission shall, while
investigating
any matter referred to in clause (a) or subclause (i) of clause (f) of
sub-section (1), have all the powers of a civil court trying a
suit and, in
particular in respect of the following matters, namely:-
a. summoning
and enforcing the attendance of any person from any part of India and
examining him on oath;
b. requiring
the discovery and
production
of any document;
c. receiving
evidence on affidavits;
d.
requisitioning any public record or copy thereof from any court or office;
e. issuing
commissions for the
examination
of witnesses and
documents;
and f. any other matter which may be
prescribed.
g. Ordering
costs in cases where there has been wilful disobedience to any order of the
commission, issued under section 10(1) (a) or 10(1)(f)(i)
II. Penalty
for default: The Commission may compel the attendance of any person to
whom a summon has been issued under section 13 and for that purpose may issue
warrant for his arrest
ii. Impose a
fine upon him (not exceeding Rs.5000) for every
incidence of
default.
III. The
commission shall have the power to require, subject to any privilege which
may be claimed by the person under any law for the time being in force, to
furnish any information in respect of the subject matter of the enquiry who
shall be deemed to be legally bound to furnish such information with in the
meaning of section 176 and 177 of IPC.
IV. The
Commission shall be deemed to be a civil court when any offence as described
in section 175, 178, 179,180 or section 228 of the IPC is committed in the
view or presence of the Commission, the Commission may, after recording the
facts, forward any case to a Magistrate having jurisdiction to try the same
and the Magistrate to whom any such case is forwarded shall proceed to hear
the complaint against the accused as if the case has been forwarded to him
under section 346 of the Code of Criminal Procedure, 1973.
V. Every
proceeding before the commission shall be deemed to be a judicial proceeding
with in the meaning of sections 193 and 228, and for the purposes of section
196, of the Indian Penal Code, and the Commission shall be deemed to be a
civil court for all the purposes of section 195 and Chapter XXVI of the Code
of Criminal Procedure, 1973.
VI. The
Commission or any other officer, not below the rank of a Gazetted Officer,
specially authorised in this behalf by the Commission may enter any building
or place where the Commission has reason to believe that any document
relating to subject matter of enquiry may be found, and may seize any such
document or take extracts or copies there from subject to provisions of
section 100 of the Code of Criminal Procedure, 1973, in so far as it may be
applicable.
|
This will
enable enhanced compliance with the orders of the Commission issued
while
discharging its functions under Section 10(1)(a) and 10(1)(f)(i) of the Act.
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STRONGLY OPPOSED:
10 (4)
THIS IS GROSS VIOLATION OF FUNDAMENTAL RIGHTS OF MEN. When the commission
does not have mandate to protecting Men, how can it be given any rights even
closer to a Civil Court? So, India is heading towards making a Justice system
where Men will ALWAYS BE RESPONDENT? MEN WILL HAVE NO RIGHT TO START
LITIGATION?
a. India
is now a country where a man under litigation (as a respondent) goes through
multiple cases for the same alleged offence thus violating his Human Rights
Guaranteed under Section 20(2) of Constitution of India. With this proposed
amendment, a man, on just a written complaint, would simultaneously summoned
by a Mahila Thana & a Court & even NCW now? Isnt this gross violation
of Human Rights of Men?
b. Giving
investigative authority to the commission shows a total lack of authority of
police. If NCW is so doubtful about usefulness of work, Mahila Thana or CAW
cell MUST be closed down first and a bigger debate should be initiated along
with Men’s Rights Organizations on this.
c. NCW
takes evidences or does investigation in very biased manner with focus of
blaming men for all crimes. Such a body cannot be entrusted with any such
powers.
d. If the
target of these amendments is to run parallel justice system, we would be
inducing further delay in already delayed justice mechanism. Government must
instead look towards strengthening the Justice system by first making more
courts and filling all vacancies of Judges.
e. NCW
does not have any mandate to allow men to file complaints of harassment done
to them and will always start proceedings with man being a respondent and
hence a biased system for any witness recording or examination. We cannot
allow NCW to question authenticity of the Judicial Justice delivery system.
As it is the Justice system is sometimes Anti Male in it’s judgements but
still citizens have some trust left on Judiciary. This amendment would take
away that trust too from Judiciary.
f.
Strongly opposed as an open ended demand will be MISUSED like so many laws
which are MISUSED already.
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New
Section
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Inquiry into
Complaints-
The
Commission while Inquiring into the complaints may-
(i) Call for
information or report from the Central Government or any State Government other
authority or organisation subordinate thereto within such time as may be
specified by it:
Provided
that if the information or report is not received within the time stipulated
by the Commission, it may proceed to inquire into the compliant on its own;
(ii) If, on
receipt of information or report, the Commission is satisfied either that no
further inquiry is required or that the required action has been initiated or
taken by the concerned Government or authority, it may not proceed with the compliant
and inform the complainant accordingly;
(iii)
Without prejudice to anything contained in clause (i), if the Commission
considers necessary, having regard to the nature of the compliant, initiate
an inquiry;
(iv)
Notwithstanding anything in sub-clauses (i) (ii) & (iii) call for further
particulars or information from any person or authority against whom any
complaint has been made or initiate an enquiry.
V. The
Commission may take any of the following steps during or upon the completion of
an inquiry / investigation / hearing held under this Act, where prima facie
the inquiry discloses violation of women’s rights provided under the constitution
of India and other laws, by a public servant, the Commission may recommend to
the concerned Government or authority:-
(a) to
initiate proceedings for prosecution or such other action as the Commission
may deem fit against the concerned person or persons;
(b) approach
the Supreme Court or the High Court concerned for such directions, orders or
writ as the Court may deem necessary;
(c)
Recommend to the concerned Government or authority at any stage of the
inquiry for the grant of such immediate interim relief to the complaint or the
members of her family as the Commission may considered necessary.
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A well
laid-down procedure will facilitate smooth conduct of business and will
prevent avoidable litigation.
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STRONGLY OPPOSED:
Inquiry
into Complaints-
(i)
Proposed Amendment brings in parallel investigation and justice system based
on Gender. Instead of bridging the gender divide already created by 49 Gender
Biased Laws and 1 Gender specific Ministry, 1 Gender biased Commission. How
can a commission given such kind of rights? If the objective is to doubt the
effectiveness of Judicial system then the commission is questioning very
existence of Democracy in India.
(ii) Is
Justice expected from a biased organization? Can a biased organization decide
picking or dropping complaints at it’s choice?
(iii) A
biased organization, a selective picking of complaints & a mandate no
covering citizens, how can such a power be handed over to NCW?
(iv) This
single proposed amendment brings our apprehension & opposition to
reality. A man or an authority would ALWAYS BE A RESPONDENT ONLY. This would
be a One of the most unique feature which will make the whole world question
our understanding of Democracy and if we even give slightest respect to our
Constitution.
(v)
Within this proposed amendment, the commission is absolutely clear about
taking care of rights of only Women. Is this Principle of Natural Justice
that the Judicial system needs to run on?
(a) A
Biased Court which will prosecute Men? India will soon be Anarchy for Women
and Slavery for Men. Is this the definition of democracy?
(b) This
is done even currently by NCW so does that mean they are doing it crossing
their boundary of their mandate? NCW has been filing few curative petitions
against Justice & Orders announced by various High Courts & Hon’ble
Supreme Court of India.
(c)
Relief only for a Complainant. What about relief to a Respondent to a false
case? What about relief to a victim of opposite Gender? Is India giving NCW
Civil Court and stop women from using actual Judiciary and Civil Courts of
India? Clear violation of Principle of Natural Justice.
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New
Section
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Acts done in
Good faith - No prosecution or other legal proceeding shall lie against any member
of the Commission or any officer or other employee of the Commission or any
person acting under directions of the Commission, in respect of anything
which is in good faith done or intended to be done in pursuance of this Act
or any rules, regulations or orders made there under.
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This
insulates the functionaries from facing legal proceedings in respect of acts
done in good faith as per the provisions of the Act.
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STRONGLY OPPOSED:
Whereas
India as a country is talking about Judicial Accountability Bill and current
laid out processes of superior courts keeping an eye on the Justice system’s
honesty in subordinate courts, NCW is asking for prime and unquestionable
authority. When this is not even given to Judiciary of India, isn’t this
demand being made out of oblique intentions? MUST NOT BE GRANTED AT ALL.
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WE HEREBY SUBMIT TO YOU THE
PROOF OF REALITY OF OUR OPPOSITION: National Commission for Women has acted
more as National Commission for WIVES:
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Thus, vide this letter, we wish to pray to you:
1. No.21. The National
Commission for Women Act, 1990 must be rejected at very proposal stage.
2.
National Commission of Women must be strongly directed to adhere to their
constitutional mandate and not to differ between Women themselves. Else, they should be
renamed to “National Commission for Wives” instead.
3. It is dire need of the hour to constitute
“National Commission for Men” if men have to feel any safer in India.
Requesting your immediate support and directions on the above listed
requests.
Thanking
you.
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