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2009 Supreme(Del) 1080

IN THE HIGH COURT OF DELHI AT NEW DELHI
HONBLE MR. JUSTICE S. RAVINDRA BHAT, J.
U.S. Verma, Principal, D.P.S. Faridabad- Petitioner
Versus
National Commission for Women & Ors. - Respondents
WP (C) No.1730/2001
Decided on : 12.10.2009

Advocates appeared:
Mr. Raju Ramachandran, Sr. Advocate with Mr.Reetesh Singh and Mr. R.P. Singh, Advocates for Respondent No.1. Mr. Rakesh K. Khanna, Sr. Advocate with Mr. Puneet Mittal and Mr. Surya Kant, Advocates for DPS Society.

.(d) Review, from time to time, the existing provisions of the Constitution and other laws affecting women and recommend amendments thereto so as to suggest remedial legislative measures to meet any lacunae, inadequacies or shortcomings in such legislations;

.(e) Take up the cases of violation of the provisions of the Constitution of other laws relating to women with the appropriate authorities;

.(f) Look into complaints and take suo moto notice of matters relating to –

.(i)Deprivation of women’s rights;

.(ii)Non-implementation of laws enacted to provide protection to women and also to achieve the objective of equality and developments;

(iii)Non-compliance of policy decisions, guidelines or instructions aimed at mitigating hardships and ensuring welfare and providing relief to women,

And take up the issues arising out of such matters with appropriate authorities;

.(g) Call for special studies or investigations into specific or situations arising out of discrimination and atrocities against women and identify the constraints so as to recommend strategies for their removal;

.(h) Undertake promotional and educational research so as to suggest ways of ensuring due representation of women in all spheres and indentify factors responsible for impeding their advancement, such as, lack of access to housing and basic services, inadequate support services and technologies for reducing drudgery and occupational health hazards and for increasing their productivity;

.(i)Participate and advise on the planning process of socio-economic development of women;

.(j)Evaluate the progress of the development of women under the Union and any State;

.(k) Inspect or cause to be inspected a jail, remand home, women’s institution or other place of custody where women are kept as prisoners or otherwise, and take up with the concerned authorities for remedial action, if found necessary;

.(l)Fund litigation involving issues affecting a large body of women;

.(m)Make periodical reports to the Government on any matter pertaining to women and in particular various difficulties under which women toil;

.(n) Anyother matter which may be referred to it by the Central Government.

(2) The Central Government shall cause all the reports referred to in clause (b) of sub section (I) to be laid before each house of parliament along with a memorandum explaining the action taken or proposed to be taken on the

recommendations relating to the Union and the reasons for the non-acceptance, if any, of any of such recommendations.

.(3) Where any such report or any part thereof relates to any matter with which any State Government is concerned, the Commission shall forward a copy of such report or part of such State Government who shall cause it to be laid before the legislature of the State along with a memorandum explaining the action taken or proposed to be taken on the recommendations relating to the State and the reasons for the non-acceptance, if any, of any of such recommendations.

.(4)The commission shall, while investigating any matter referred to in clause

.(a) or sub clause(i) of clause (f) of sub-section (I), have all the powers of a civil Court trying a suit and, 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 prescribed.”

39.A crucial power, relied on by the teachers, and the Commission, is the suo motu

provision, under Section 10; it reads thus:

“….10. Functions of the Commission. -(1) The Commission shall perform all or any of the following functions, namely –

……………./……………………

(f) Look into complaints and take suo moto notice of matters relating to –

.(i)Deprivation of women’s rig













































































































































































































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