The draft of ‘The Charter of Women’s Rights Act 2015’ prepared by the AAP Government says the Delhi Commission for Women (DCW) shall not be bound by the procedure laid down in the Code of Civil Procedure, 1908 (5 of 1908), but will be guided by the principles of natural justice and subject to the provisions of the Act and rules made there under.
A draft note, prepared by the Delhi Dialogue Commission, a think-tank of the Arvind Kejriwal Government, has proposed that the Act should be enforced through the composition of the State commission to be headed by a person who has been the judge of High Court and appointed by the Delhi’s Chief Justice.
The AAP Government is planning to introduce ‘The Charter of Women’s Rights Act, 2015’ to ensure physical, social, religious, cultural, psychological and economic safety and well-being of women in the national Capital, according to sources.
The proposed draft, which had been put up in the public domain to seek suggestions from general public, said that for the purposes of proceedings under the Act, the commission shall have all the powers of a civil court while trying a suit under the CrPC in matters requiring summoning and enforcing attendance of any person.
Also, it said the commission shall have the powers of a civil court where there is requirement for discovery and production of any document or any other material which is produceable as evidence. It makes it clear that the commission shall also have the powers to punish for contempt arising out of willful failure to comply with any of its orders.
The draft said every women shall have the right to exercise complete autonomy in personal relationships including with respect to her choice of partners. It said every women, irrespective of her sexual orientation, shall have the right to equality before the law and equal protection of all the laws. It specifies that special measures should be effected for elderly women, those having any disability and the ones who are economically marginalised.
The draft has made it clear that every women has the right not to be subjected to medical or scientific experiments without her informed consent. It says that the state shall protect and rehabilitate every women who has been a survivor of trafficking and shall offer all forms of medical and psychological treatment as may be necessary to ensure her rehabilitation.
The draft has suggested that the commission shall be empowered to award compensation for violation of any right of any women. It, however, says that the state may, by notification, regulate and limit the amount of compensation. It also says that the state shall also be empowered to recover the amount of compensation given from officers whose acts of omission or commission have caused the violation of Rights for which such compensation has been awarded. It says that any failure to obey the direction or order passed by the commission shall be punishable with a fine not exceeding 50 per cent of the annual income of the Government servant concerned and may further be punishable with imprisonment up to six months in addition to the said fine. “Such offences shall be non-cognizable and shall be initiated on a complaint from the Commission to the Metropolitan Magistrate having jurisdiction as per the provisions of the CrPC, 1973.”