How to file a complaint in Women Cell

Complaints can be received in oral, written and online format as the complainant deems fit and comfortable. The Women Commission deals with complaints received from the district, state or national level. It has 3 levels of hierarchy, District Women Commission, State Women Commission and National Women Commission. These Commissions deal with deprivation of rights of women involving injustice to women. Even Commissions can take suo moto cognizance of crimes against women.

Scrutiny:

Complaints received by the commission are scrutinised as per commission’s mandate and procedures and the commission. Complaints are dismissed by the commission if:

a) Illegible, vague or anonymous

b) The issue is of a civil nature 

c) The issue is on service matters

d) Matter is sub judice to court

e) Complaints which are pending before the district or state commissions (dismissed by National commission)

f) No deprivation of women’s rights

Process:

Complaints are investigated in the following manner:

1. Investigation is monitored.
2. Disputes are resolved by the counselling before the commission, for heinous and serious crimes, an Inquiry Committee is set up which collects evidence and submit their reports with their recommendations.
3. Various complaints are also forwarded to the respective state commissions, national commissions or human rights commission depending upon the scenarios of the complaint and the same is disposed of at the lower level.
4. Complaints regarding sexual harassment are resolved by the Internal Committee of the organisations which are mandatory provisions.

Judgement:

According to the Delhi High Court, the CAW cell can only attempt to mediate disputes between the Parties up until the pre-registration of the FIR. The CAW Cell is not allowed to use threats or coercion to ensure anyone’s presence. The CAW Cell is merely a conciliatory body where attempts at conciliation are undertaken with the parties’ free will. No one can be forced to visit the CAW Cell if they are unwilling to. It is further held that CAW Cell, in future, instead of issuing the summons to the Parties shall send request letters asking them to appear for the purpose of conciliation and not for the purpose of investigation.

CAW Cell is a Pre-investigation Stage:

Sometimes people say that the written legal  notice can be done away with – “it’s just counselling”, “We are only trying to understand the matrimonial issue between husband and wife”, and so on, the Commission says.  The problem is, not many police use the CAW cell proceeds as a way to test psychology and mental toughness of husbands and their families with the intention of getting bribes. 

How does NCW protect during divorce proceedings?

NCW ensures that the investigation is carried out fairly and the aggrieved person is not forced to withdraw the complaint. Similarly, during the divorce proceedings if a woman is threatened, she can approach Mahila Ayog/ National Commission for women for help through its 24/7 helpline no.  

Powers of NCW:

a. Summoning and enforcing the attendance of any person from any part of India

b. Recovery the discovery and production of document

c. Receiving evidence on affidavits

d. Requesting any public record of the court

e. Examination of witness and documents

f. Any other matter as required

Lead India can help you with the best lawyers who can represent you and draft the complaint on your behalf. Our experts can guide you well to reach out the CAW Cell and register your complaint.