Apex Law Journal
Apex Law Journal
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Editor

Neha Goel, Advocate

Advisory Board

S.C. Khunger, Advocate

Rohit Bansal, Advocate

Varinder Singh Kanwar, Advocate

Hittan Nehra, Advocate

Judgments on Orissa (State) Commission for Women Act, 1993

Wednesday, August 18, 2010
Orissa (State) Commission for Women Act, 1993

Orissa (State) Commission for Women Act, 1993 — Section 3 — Power of the State Commission for women — Held, the 1993 Act has not entrusted the State Commission with the power to take up the role of a court or an adjudicatory tribunal and determine the rights of the parties — The State Commission is not a tribunal discharging the functions of a judicial character or a court.

 
Orissa (State) Commission for Women Act, 1993

Orissa (State) Commission for Women Act, 1993 — Section 10(1)(d) — Contention that once a power has been given to the State Commission to receive complaints including the matter concerning deprivation of women of their rights, it is implied that the State Commission is authorized to decide these complaints — Held, not tenable — No such implied power can be read into Section 10(1)(d) as suggested by the learned counsel.  

 
Orissa (State) Commission for Women Act, 1993

Orissa (State) Commission for Women Act, 1993 — Section 10 — Functions and Powers of the State Commission — Held, the State Commission is broadly assigned to take up studies on issues of economic, educational and healthcare that may help in overall development of the women of the State; gather statistics concerning offences against women; probe into the complaints relating to atrocities on women, deprivation of women of their rights in respect of minimum wages, basic health, maternity rights, etc. and upon ascertainment of facts take up the matter with the concerned authorities for remedial measures; help women in distress as a friend, philosopher and guide in enforcement of their legal rights — However, no power or authority has been given to the State Commission to adjudicate or determine the rights of the parties. 

 
Orissa (State) Commission for Women Act, 1993

Orissa (State) Commission for Women Act, 1993 — Section 10(3) — Expression, “have all the powers of a Civil Court” — Held, the expression, ‘have all the powers of a Civil Court’ in Section 10(3) is qualified by the following words, ‘in respect of the following matters’ — That is to say, the State Commission has powers of Civil Court trying a suit for the matters specified in clauses (a) to (f) thereof and not for other purposes. 

 
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