New Delhi – The Supreme Court of India on Tuesday expressed serious concern over the effective closure of the Delhi Commission for Women (DCW), questioning where women facing distress or exploitation would turn for help in the absence of a functioning body. The apex court’s remarks came during the hearing of a child trafficking case, highlighting broader concerns about the availability of institutional support for women and children in vulnerable situations.

A bench comprising Justices JB Pardiwala and KV Viswanathan raised the issue with the Delhi government, urging immediate action to restore the functioning of the commission. The court specifically directed Additional Solicitor General Archana Pathak Dave, appearing for the Delhi government, to address the “closure” of the commission, pointing out that it was effectively non-operational.

“It’s closed. Where will the women in distress go? They don’t have a chairperson. They don’t have staff. It’s all in shambles,” the bench observed, referring to a recent media report highlighting the dysfunctional status of the DCW. The court emphasized the critical role the commission plays in providing legal assistance, counselling, rescue services, and protection to women across Delhi, and underscored the urgency of restoring its operations.

The Delhi Commission for Women, established in 1994 under the Delhi Commission for Women Act, is tasked with investigating and examining all matters relating to safeguards provided for women under the Constitution and other laws. It functions in the manner of a civil court and implements a variety of programs aimed at protecting women’s rights. These include the Sahyogini program, Mahila Panchayats, Rape Crisis Cell, Mobile Help Line, and Pre-Marital Counselling Cell, among others. The DCW’s jurisdiction is confined to the National Capital Territory of Delhi, where it addresses issues ranging from sexual harassment and abuse to exploitation, legal aid, counselling, and social rehabilitation.

Sources revealed that the commission has been largely non-functional since January 2024, following the vacancy of the chairperson’s post after Swati Maliwal was elected to the Rajya Sabha. The DCW’s official website currently shows that the positions of the chairperson, four members, and the member secretary remain vacant, effectively leaving the institution without leadership. In addition, the Mahila Aayog office, situated at Vikas Bhawan in New Delhi, has reportedly been virtually closed since early 2024.

Further compounding the problem, in May 2024, the Women and Child Development Department of the Delhi government ordered the removal of over 200 contractual staffers citing irregularities in the hiring process. This mass removal left the commission without the personnel needed to operate even its basic functions, further paralyzing its ability to assist women in distress.

The Supreme Court’s remarks underscore the importance of the DCW as a critical institution for women’s protection and empowerment in Delhi. The commission serves as a first point of contact for women who are victims of abuse, exploitation, domestic violence, and trafficking, offering a combination of legal, social, and psychological support. Its current non-operational status creates a significant gap in institutional support for women, leaving them with limited avenues for redressal or assistance.

During the court proceedings, ASG Dave assured the bench that she would look into the matter and take steps to address the closure. However, the top court made it clear that immediate measures are needed to restore the functionality of the DCW and ensure that women in need have access to a competent and responsive support system.

The situation at DCW highlights broader systemic challenges in governance and administration of women-focused institutions in India. Despite the DCW being a statutory body with a mandate to protect and promote women’s rights, prolonged vacancies in leadership and staff shortages have rendered it ineffective. The commission is supposed to act not only as a watchdog but also as a facilitator, helping women navigate the legal system, access counseling, and secure protection in cases of abuse or exploitation. Without these services, vulnerable women are left without institutional recourse, increasing their risk of harm.

The Supreme Court’s concern also came in the context of ongoing cases related to child trafficking, which require prompt intervention and coordination between state agencies and statutory commissions like the DCW. The bench’s remarks serve as a reminder that institutions designed to safeguard women and children must remain functional and adequately staffed to fulfill their mandate effectively.

Legal experts note that the DCW has historically played a vital role in investigating complaints of sexual harassment, domestic violence, trafficking, and other crimes against women, and has often acted as a bridge between victims and law enforcement agencies. Its shutdown, therefore, risks not only the welfare of individual women but also undermines broader efforts to ensure gender justice and protection under the law.

The Supreme Court’s intervention is expected to prompt the Delhi government to take immediate action to fill key positions, restore staffing, and ensure the operational readiness of the DCW. Restoring the commission is likely to involve appointing a new chairperson, filling the vacancies of the four members and the member secretary, and reinstating trained staff to manage its programs effectively.

In conclusion, the Supreme Court’s concern over the “closure” of the Delhi Commission for Women highlights a critical issue in the governance of statutory bodies tasked with the protection of vulnerable populations. The bench’s pointed question, “Where will the women in distress go?”, underscores the essential nature of such institutions in providing legal, social, and emotional support to women in need. As the court awaits a response from the Delhi government, the spotlight is on the urgent need to revive the DCW and restore its full functionality, ensuring that it can continue to serve as a pillar of support for women across the national capital.