Comments Invited on Proposed Amendments to the National Commission for Women Act, 1990
https://wcd.nic.in
Some Highlights :
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 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. i 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.
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 facilitate smooth conduct of business and will prevent avoidable litigation 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.
New Section : 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.
Note : Proposed Draft Amendment in NCW ACT 1990 is attached herewith.
