• Role for national commission for women

Hi, I have filed 498a and Dowry case against my in laws and husband. i also raised complaint to national commission for women. Now national women commission has sent me a notice to for an enquiry where i have lodged my FIR. will national commission for women be of any use? will i get any justice from them?
Asked 6 years ago in Family Law
Religion: Hindu

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16 Answers

 The major functions of the NCW Include: Investigate and examine all matters relating to the safeguards provided for women under the Constitution and other laws.

 

2) since you have already lodged complaint you should appear before the commission for enquiry 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

They have authority, in case police dose not act effectively, commission can direct the commissioner for speedy investigation.

Can summon your husband etc. So, avoiding notice is not good.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

 Once FIR has been lodged the National commission has no further role to play. Now IO has to investigate the matter and either file chargesheet or negative final report. 

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

See the national commission can make interim orders and can support you in contesting the case. So you should peruse your complaint before the national commission.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Dear Madam,

 

Now a days filling a compliant at the national commission for women has become very easy. Any woman can lodge an online complaint with the national commission for women.
Hence the series of spreading information here we bring you the easy method on how you can lodge/register complaint with national commission for women.
The national commission for woman has a Complaints and Counselling Cell which processes all the complaints received orally, written or suo moto under Section 10 of the (National commission for women Act) NCW Act. The complaints which may be filed before NCW may be related to domestic violence, gender discrimination, sexual harassment at work cruelty by husband, refusal to register FIR by police, rape, bigamy dowry, desertion, torture and deprivation.

The national commission can you in following manners:
NCW can monitor and expedite the Investigations by the police.
The matters are brought to the notice of various state authorities to facilitate action.
By way of counselling the Family disputes may be resolved or compromised.
As per the 1997 Supreme Court Judgment on Sexual Harassment at Workplace, (Vishakha Vs. State of Rajasthan) every employer is required to provide for effective complaints procedures and remedies including award of compensation to women victims. In sexual harassment complaints, the concerned organisation is urged to expedite cases and the disposal is monitored.
For serious crimes, the Commission constitutes an Inquiry Committee which makes spot enquiries, examines witnesses, collects evidence and submits the report with recommendations. The implementation of the report is monitored by the NCW. The Commission has powers to summon theaccused, witnesses and records to facilitate inquiry.
The commission involves the NGOs and other experts are involved in these efforts.

Please make sure your complaint does not suffer from any of the following defects as the commission does not entertain complaints which:
are illegible or vague, anonymous or pseudonymous; or
relates to civil dispute between the parties such as contractual rights obligations and the like;
relates to service matters not involving any deprivation of women’s rights;
relates to labour/industrial disputes not involving any deprivation of womens rights:
Matter is sub judice before a Court/Tribunal;
The Commission shall not inquire into any matter which is pending before a State Commission or any other Commission duly constituted under any law for the time being in force.
any Matter/case already decided by the Commission

  1. The commission shall perform all or any of the following functions, namely :-

    1. Investigate and examine all matters relating to the safeguards provided for women under the Constitution and other laws;

    2. present to the Central Government, annually and at such other times as the Commission may deem fit, reports upon the working of those safeguard;

    3. make in such reports recommendations for the effective implementation of those safeguards for the improving the conditions of women by the Union or any state;

    4. review, from time to time, the exiting 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;

    5. take up cases of violation of the provisions of the Constitution and of other laws relating to women with the appropriate authorities;

    6. look into complaints and take suo moto notice of matters relating to:-

      • deprivation of women's rights;
      • non-implementation of laws enacted to provide protection to women and also to achieve the objective of equality and development;
      • 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;

    7. 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;

    8. undertake promotional and educational research so as to suggest ways of ensuring due representation of women in all spheres and identify factors responsible for impeding 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;

    9. participate and advice on the planning process of socio-economic development of women;

    10. evaluate the progress of the development of women under the Union and any State;

    11. inspect or cause to 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;

    12. fund litigation involving issues affecting a large body of women;

    13. make periodical reports to the Government on any matter pertaining to women and in particular various difficulties under which women toil;

    14. 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 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 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 an 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 such recommendations.

  4. The Commission shall, while investigating any matter referred to in clause (a) or sub-clause (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 :-

    1. summoning and enforcing the attendance of any person from any part of India and examining him on oath;

    2. requiring the discovery and production of any document;

    3. receiving evidence on affidavits;

    4. requisitioning any public record or copy thereof from any court or office;

    5. issuing commissions for the examination of witnesses and documents; and

    6. any other matter which may be prescribed.

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

Yes, you will get justice from them on the provided evidence by you and they will standing by your side.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

The NCW has taken cognizance of your complaint and issued the notice to you calling upon you to maybe furnish information/report, or calling for further particulars in respect of your complaint.

You should definitely turn up. 

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

Dear Madam,

You must trust the organisation always you will some benefit and assistance from each govt. organisation. You have other forums also if such Commission do not help you. 

Kishan Dutt Kalaskar
Advocate, Bangalore
6230 Answers
499 Consultations

National comission for women works for the cause of women and they may pressure the police to act diligently in your case.

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

- The National Commission for Women is a statutory body of the Government of India, generally concerned with advising the government on all policy matters affecting women.

- The major functions of the NCW Include: Investigate and examine all matters relating to the safeguards provided for women under the Constitution and other laws.

- As , you have lodged your complaint before the NCW, hence you have received the said notice ,for explaining your case . and to know that actions taken by the police in lodging FIR.

- Since, you have already fiiled Dowry case and FIR against them, so now the court will deceide the case , and there will be zero interference of NCW in your case.

- If, you will appear before the NCW, you will loose nothing , hence you are suggested to appear .

 

Good luck and dont forget to rating Positively.

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

It is a forum where grievances related to women are heard and adequate remedy is provided. Police will take into this fact and do a careful investigation in the matter so tgat your rights don't get trampled upon.

Regards 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Yes you can try as many forums for your resolution. Any forum may benefit you. 

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

NCW is not to redress individual complaints unless it pertains to a large part of the society.

Further where criminal case is in motion NCW can not interfere with process of criminal proceeding. 

 

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

The major functions of the NCW Include: Investigate

and examine all matters relating to the safeguards

provided for women under the Constitution and other

laws.Present reports to central government on work donetowards these safeguards.

Make recommendations for effective

implementation of such safeguards to Union or state

governments.

Review women related to legislations and bring out

inadequacies and shortcomings Take up cases of

violation of law against women to appropriate. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

The can help you with giving support in the case filed by you by putting pressure on police to take action against your in-laws.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

The national commission for women is just a name sake organisation functioning for the welfare of women folk, but only name sake.

It is toothless and no orders passed by the commission are regarded or honored by any authority especially the police, hence reliance on the said commission may not be of any use.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

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