The long-awaited Justice Hema Committee report, was commissioned by the Kerala Government in 2017. It was to investigate the issues faced by women working in the Malayalam film industry. This was finally made public today. The report provides a comprehensive analysis of the various challenges women encounter in the industry and proposes solutions. This is including the creation of a new statute and the establishment of an independent tribunal to handle grievances.
Background
The committee is headed by Justice Hema. She emphasized the issues faced by women in the Malayalam film industry, such as sexual harassment, abuse, and discrimination. Theycan only be effectively addressed through the enactment of a specific law and the formation of an independent tribunal. The report stated, “An independent forum, established by the government through legislation, is essential to free women from the many evils present in the Malayalam film industry.”
The report’s findings highlighted numerous issues plaguing women in the industry. This is including sexual demands, harassment, and physical assault. The study also revealed the lack of basic amenities like toilets and changing rooms on film sets. Thus, leading to significant human rights violations. Other problems identified include gender discrimination, safety concerns, male domination, and exposure to vulgar comments and cyber harassment. The committee also pointed out that women are often unaware of their legal rights, with no proper authority in place to address their grievances.
Report Objective
The report advised against the formation of Internal Complaints Committees (ICC) within the film industry, citing their ineffectiveness due to the industry’s existing power dynamics. The committee referenced the Supreme Court’s decision in Vishaka v. State of Rajasthan (1997) and the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, but argued that an ICC composed of industry members would not protect women effectively. “As long as the current power structures exist, the formation of ICCs with industry members will be useless in safeguarding women from harassment and abuse in the Malayalam film industry,” the report concluded.
The committee also noted that existing laws, such as the Cinematography Act and various labour welfare acts, are insufficient to address the current challenges faced by women in the industry. It proposed the enactment of a new Kerala Cine Employers and Employees (Regulation) Act, which would establish a Tribunal to address specific issues within the industry. The Tribunal would be chaired by a retired district judge, with its proceedings kept confidential and conducted in camera. The statute would also define illegal acts and prescribe penalties.
Recommendations
In addition to the legislative proposals, the report offered several recommendations to improve the working conditions for women in the industry:
- A written contract outlining terms of service and remuneration to resolve disputes.
- Mandatory online gender awareness training to prevent exploitation and ensure respect for all.
- A ban on alcohol and drugs in the workplace.
- Efforts to close the gender pay gap and establish minimum remuneration for junior artists.
- Proper accommodation and mandatory background checks for staff.
- Mandatory filing of police complaints for any criminal offences.
- The creation of a comprehensive film policy focused on gender equality.
- The introduction of film studies as an optional course in government colleges, with fee concessions and scholarships for women pursuing these courses.
- The establishment of a digital platform for female technicians in colleges to foster collaboration and support.
- The creation of a welfare fund for women who are unable to work due to childbirth or physical disability.
- Guidelines to prevent the glorification of gender injustice or violence against women in film content.
Conclusion
The Justice Hema Committee submitted its report to the Chief Minister in 2019. But the decision to release it to the public was only made on July 5, 2024. Initially, the Kerala High Court had stayed the publication of the report. This is following a writ petition filed by film producer Sajimon Parayil. However, the stay was later lifted, and the report was ordered to be made public. A writ appeal against the publication was filed by actress Renjini. She was not originally a party to the writ petition. Her appeal was dismissed today by the High Court. This granted her the liberty to file a fresh petition.
