Examine the role of the National Commission for Women (NCW) in protecting and promoting the rights of women in India.

National Commission for Women is an statutory institution to address women grievances and enhance institutional support to learn for effective social empowerment.

Role of NCW in protecting and promoting rights

D. Address and grievances and issues faced by women, especially in public life eg. cases of gender discrimination in recruitment by private sector

↓ Annual report presented to the President.

↓ of recent Dari Shakti Adhinyum 2023.

eg. Evidence based research in the support of service and gig economy in women upliftment.

↓ Annual report presented to the President.

↓ of recent Dari Shakti Adhinyum 2023.

However, it suffers from certain functional issues:

Lacks constitutional status – just recommending powers.

Gleases

↓

back of expertise to look into emerging issues of bullying etc.

Fragment vacuuins in NCW

STEPS NEEDED → Operational autonomy given, effective attention to its policy recommendation, NCW representation in other deliberate bodies on women issues, NCW aided to be complemented with other efforts like increased women representation of women as MPs, robust research network, and to craft it fulfill its aims.

Indian Constitution envisages "separation of powers" yet "checks and balance" between 5 organs of State. Inasmuch, this is realised via independent judiciary which also forms part of "Base Structure Doctrine"

JUDICIAL ELEMENTS WORTH:

JUDICIAL

TENETS

enables judiciary to act as 'Guarantor of fundamental Rights', 'Protector of Constitution'

enforce a 'Limited form of government'

ensure 'Justice' is grounded clean as a luxury

balance national & federal interests

ensure evolution of provisions in light of changing contexts

Modes and Procedure – for democratic holdings' is often undermined by executive as seen in:

D. Enactment of National Judicial Appointment Committee (NJAC) to appoint judges of rights judiciary → struck down by Supreme Court

eg. NCLAT, NGST 2018

eg. Disputes regarding water-sharing between State – Finance Commission Matter.

Efforts taken:

TAKEN → "Judicial Independence" is "Base Structure" → strengthened Collegium System → Recognise judgments like – Navlez Singh/Gohar case – Rejection of Electoral Bond Regime

NEEDED → Outing-off period for judges to reduce political alignment, increased women representation in SC → better perspectives, increased Transparency

Strict precautionary & elimination of human trafficking etc.

Factors for evaluating immenseness:

D. Test of proportionality - restrain proportionate to one ends eg. going for gradual regulations even midnight ban

Balancing freedom and social interest ensuring individual wellbeing in ensured in consonance with larger national growth.

— ASAD AQEEL · AIR 321