Facts of the Case:

The Justice Hema Committee report, which was publicly released on August 19, 2024, was initiated by the Kerala Government in 2017. It aimed to investigate the challenges faced by women in the Malayalam film industry and propose solutions. The committee, led by retired Kerala High Court judge Justice K. Hema, along with veteran actor Sharada and retired IAS officer K. B. Valsala Kumari, uncovered pervasive issues such as sexual harassment, abuse, gender discrimination, and inadequate working conditions.

Problems in the Malayalam Film Industry:

The report highlighted several deep-rooted issues faced by women in the Malayalam film industry:

1. Sexual Abuse and Harassment: The industry is riddled with cases of sexual demands, harassment, and abuse, including threats of rape and the exploitation of women through the casting couch, where sexual favours are often demanded in exchange for roles.
2. Gender Discrimination and Male Domination: The industry is heavily male dominated, leading to systemic discrimination against women. This includes disparity in pay, with female artists often earning significantly less than their male counterparts, and the general mistreatment of women on film sets.
3. Inadequate Facilities: The lack of basic amenities such as toilets and changing rooms on film sets is a significant issue, particularly for female artists who often refrain from drinking water during shoots to avoid the discomfort of not having proper facilities.
4. Safety Concerns: The report also pointed out the absence of safety and security for women, with incidents of harassment and assault often perpetrated by individuals under the influence of alcohol or drugs.
5. Cyber Harassment: Women in the industry also face cyberbullying and online threats, with social media platforms becoming a breeding ground for vulgar comments and defamation.

The Hema Committee’s Recommendations

The Justice Hema Committee made several key recommendations to address these issues:

1. New Legislation and Tribunal: The Committee recommended the creation of a new statute specific to the film industry, along with the establishment of an independent Tribunal to handle grievances. This Tribunal should be headed by a retired district judge, with provisions for confidential in-camera proceedings to ensure the privacy of the complainants.
2. Rejection of IC: The report dismissed the idea of resolving these issues through the establishment of an Internal Committee (IC) as outlined in the Sexual Harassment of Women at Workplace Act, 2013, arguing that such a body would be ineffective due to the existing power dynamics in the film industry.
3. Kerala Cine Employers and Employees (Regulation) Act 2020: The Committee proposed the enactment of a new Kerala Cine Employers and Employees (Regulation) Act, which would specifically address the unique challenges faced by women in the film industry. This Act would include provisions for penalties for illegal acts and ensure that all employees, including junior artists, have written contracts outlining terms of service and remuneration.
4. Gender Awareness Training: Mandatory gender awareness training for all cast and crew members before the start of production was suggested to prevent exploitation and promote respect and dignity.
5. Ban on Alcohol and Drugs: The report called for a strict ban on alcohol and drugs in workplaces within the film industry to create a safer environment for women.
6. Remuneration and Welfare: To reduce the gender pay gap, the report recommended fixing minimum remuneration for junior artists and creating a welfare fund for women who have to take time off due to childbirth or physical disabilities. Additionally, it was suggested that film scenes should not glorify gender injustice or violence against women.
7. Support for Women Producers: The Committee advocated for financial and logistical support for female producers, including loans at nominal interest rates and streamlined processes for obtaining shooting permissions, to encourage more women to enter the film industry.

Court’s Involvement

The Kerala High Court directed the State Government to submit the entire Justice Hema Committee Report, including the redacted portions, in a sealed cover. The Court also suo moto impleaded the Kerala State Women’s Commission. This order was passed while considering a Public Interest Litigation seeking to initiate criminal proceedings against offenders who committed sexual crimes in the Malayalam film industry.

– Deeksha Rai