Points to Remember:
- Constitutionalization involves granting a body constitutional status, typically through a constitutional amendment.
- This grants the body greater autonomy, security of tenure, and enhanced powers.
- The National Commission for Women (NCW) currently operates under a statutory framework.
- Gender justice and empowerment require a multi-pronged approach beyond just constitutional status.
Introduction:
The question explores the process of constitutionalizing a commission and analyzes whether granting constitutional status to the NCW would significantly enhance gender justice and empowerment in India. Constitutionalization implies enshrining a body’s existence, powers, and functions within the Constitution itself, providing it with a higher degree of legal protection and autonomy compared to a statutory body. Currently, the NCW is a statutory body established under the National Commission for Women Act, 1990. Its effectiveness in achieving gender justice has been a subject of ongoing debate. This answer will examine the steps involved in constitutionalization and critically assess the potential impact on gender justice if the NCW were to be constitutionally mandated.
Body:
1. Steps Required for Constitutionalization of a Commission:
Constitutionalizing a commission typically involves the following steps:
- Proposal and Debate: A proposal for constitutional amendment is introduced in Parliament, followed by extensive debate and discussion among lawmakers, experts, and civil society.
- Drafting of Amendment: A draft amendment is prepared, specifying the commission’s composition, powers, functions, and relationship with other constitutional bodies.
- Parliamentary Approval: The proposed amendment requires a special majority in both houses of Parliament (at least two-thirds of the members present and voting in each house).
- Presidential Assent: Once passed by Parliament, the amendment requires the President’s assent to become a part of the Constitution.
- Implementation: The government then needs to enact necessary legislation to operationalize the constitutional provisions related to the commission.
2. Constitutionalization of the NCW and Gender Justice:
Arguments for Constitutionalization:
- Enhanced Autonomy and Security: Constitutional status would provide the NCW with greater independence from the executive branch, shielding it from political interference and ensuring greater security of tenure for its members. This could lead to more effective investigation and redressal of gender-based violence and discrimination.
- Increased Powers: The Constitution could grant the NCW wider investigative powers, enabling it to effectively address systemic issues related to gender inequality. It could also be empowered to issue binding recommendations to the government.
- Greater Public Trust and Credibility: Constitutional recognition would enhance the NCW’s legitimacy and public trust, encouraging greater cooperation from various stakeholders.
Arguments Against Constitutionalization:
- Potential for Bureaucratization: Constitutionalization might lead to bureaucratic rigidity and slow down the NCW’s operational efficiency.
- Limited Impact without Systemic Change: Granting constitutional status alone may not be sufficient to address deeply entrenched societal attitudes and structural inequalities. Comprehensive legal reforms, social awareness campaigns, and economic empowerment initiatives are equally crucial.
- Risk of Judicial Overreach: An overly powerful constitutionally mandated NCW could potentially lead to judicial overreach into the legislative and executive domains.
3. Alternative Approaches to Enhance Gender Justice:
Instead of solely focusing on constitutionalization, a multi-pronged approach is necessary:
- Strengthening Existing Legal Frameworks: Improving the implementation of existing laws related to gender equality, such as the Protection of Women from Domestic Violence Act and the Sexual Harassment of Women at Workplace Act.
- Capacity Building: Providing adequate resources and training to the NCW and other relevant agencies to enhance their effectiveness.
- Raising Awareness: Conducting widespread awareness campaigns to challenge patriarchal norms and promote gender equality.
- Economic Empowerment: Implementing policies to improve women’s access to education, employment, and financial resources.
Conclusion:
While constitutionalizing the NCW could potentially enhance its autonomy and powers, leading to improved gender justice, it is not a panacea. The effectiveness of the NCW in promoting gender justice depends on various factors, including its capacity, resources, political will, and the broader societal context. A holistic approach that combines constitutional strengthening with comprehensive legal reforms, capacity building, awareness campaigns, and economic empowerment initiatives is essential to achieve substantial progress in gender justice and empowerment in India. Focusing solely on constitutional status risks neglecting the crucial need for systemic changes and a multi-faceted approach to address the complex issue of gender inequality. A strengthened, well-resourced, and independent NCW, whether statutory or constitutional, can play a vital role, but it must be part of a larger, coordinated national strategy.