How is National Commission of Women (NCW) Chief Selected? What are the Qualifications? Why no Transparency? Why NCW Draft Bill Pending Since 1990?

Questions are being raised about the selection of Ms Rekha Sharma as National Commission of Women Chief after her insensitive comments on women’s safety in the wake of the Jharkhand gang-rape case (read our earlier report here). It is not the first time that her statement has raised a Twitter storm and questions about how exactly did she get that post.

The NCW is the nation’s top body for women’s rights and the Members and Chairperson have the highest responsibility. Their salaries are paid by taxpayers half of which are women. It is time we have some answers whether NCW is a real knowledge based body or a place to dole out favours by ruling party to its female leaders?

Rekha Sharma was appointed as the Chairperson in August 2018. The other NCW members Ms Chandramukhi Devi, Soso Shaiza, and Kamlesh Gautam were nominated in November 2018 for a term of 3 years. All of them are BJP leaders. Time again NCW members have made gender-stereotyped and insensitive comments. In January 2021, during her visit to the grieving family of the 50-year-old woman allegedly gang-raped and murdered by a local temple priest inside the temple premises in Badaun, NCW member Chandramukhi Devi said, “I tell women again and again that they should never go out at odd hours under anyone’s influence.” This is same as victim blaming and keeping women locked indoors in name of protection. How did a woman with zero understanding of gender equality and feminist concepts become a NCW member?

According to NCW website Ms Chandramukhi’s educational qualifications are questionable. The profile mentions she is a graduate from Hindi Sahitya Sammelan, which is neither an University, Deemed University nor an Educational Board nor an educational institution of any manner whatsoever as held by the Supreme Court in 2010. Rekha Sharma’s educational qualifications are also not very high. Fact remains they got this position because of their as BJP leaders not because they understand women’s issues or gender studies concepts and frameworks.

There are several structural weaknesses of the NCW and a range of questions that have been rarely raised by mainstream media in India.

Questions on competence of individuals nominated as members of the National Commission of Women.

• What are the qualification to be an NCW Member? What educational background should one come from? Is Formal Education mandatory at all?

• Women and Gender Studies is a growing field of academic study and research. Should not NCW members possess at least a working knowledge on the subject or the history of women’s rights movement or feminism and basic feminist theories?

Questions related to the nomination process and the checks and balance

• What is the selection process? Who takes the decision, is it one individual like the Prime Minister or are there any board or collegium or committee?
• Are there any public consultation or transparency and accountability regarding the nominations?
• Are the public invited to submit nominations either for themselves or a candidate of their choice?
• Is there an option available to public of raising objection to any selection or impeach any Member or Chairperson?  
• For how long can positions remain vacant? What rights does the citizen have in such cases?

Questions regarding the role and meaning of NCW

In the 19^th century “women’s education” did not mean making them doctors engineers or career women. It meant learning to knit, sew, cook and other homely chores to become “good wife, mother and daughter-in-law”. Similarly, under the present patriarchal regime driven by religious and cultural orthodoxy NCW seems to be of the opinion that their role is to train women into how to be obedient and dutiful wives and mothers as prescribed by the Manusmriti. We need to ask questions like:

• Do NCW members and Chairperson undergo an orientation or gender sensitization process?
• Are the roles and responsibilities codified along with a list of Do’s and Don’ts and codes of conduct?
• Do they have standard operating procedures regarding their response to any issue or debate relating to women’s rights which should be free from religion and politics and solely based on knowledge and reason?

These questions are neither answered by the draft NCW Act of 1990 which has been pending with the PMO since 2015, nor available on the NCW website. The NCW is the nation’s top body for women’s rights and the Members and Chairperson have the highest responsibility. Their salaries are paid by taxpayers’, half of which are women. It is time we have some answers. It is time the NCW Amendment Bill is introduced and these concerns and addressed to make way to a modern, independent knowledge-based Commission for Women.