Facts of the Case

The Kerala High Court, while examining issues arising from the Justice Hema Committee Report on the challenges faced by women in the Malayalam film industry, emphasized the need for comprehensive legislation to protect women in workplaces. The report revealed serious issues, including sexual harassment, abuse, and exploitation. In response, the court directed the Kerala Government to draft a model law addressing these systemic concerns.

The Women In Cinema Collective (WCC), the Cultural Academy for Peace, and the Kerala Women’s Commission presented recommendations for inclusion in the proposed legislation. These suggestions highlighted gaps in current protections and proposed measures to ensure equality, safety, and inclusivity in the workplace.

Contentions of the Petitioner

The amicus curiae, Mitha Sudhindran, submitted a report consolidating suggestions from various stakeholders. The WCC advocated for a cinema code of conduct, compliance with the POSH Act, and policies ensuring active female representation in leadership. They also proposed gender parity measures like entertainment tax waivers, gender awareness workshops, and interim regulatory commissions to monitor industry practices.

The Cultural Academy for Peace suggested addressing issues like non-payment and the absence of formal agreements, proposing District Regulatory Boards to enforce standards. The Kerala Women’s Commission recommended a gender-neutral framework to safeguard all workers and employers, with mechanisms for monitoring compliance and maintaining safety standards across the industry.

Contentions of the Respondent

The respondents, represented by government counsel, acknowledged the need for comprehensive reforms. They argued that the legislation should integrate recommendations to ensure the safety, dignity, and equitable treatment of women, especially in male-dominated industries like cinema. The government expressed its commitment to drafting a progressive law addressing the systemic inequalities highlighted in the Hema Committee Report.

Court’s Observations

The court underscored the importance of addressing intersectional discrimination in the proposed legislation, observing:

“Although we have tackled discrimination to some extent, intersectionality is not usually addressed…There is still a big gap in intersectionality discrimination at multiple levels. Like a Dalit woman, she faces discrimination at multiple levels, as a woman and due to her social status…This is one thing we need to be pioneers in because this will likely be the first of this kind of legislation by any State.”

The court highlighted economic inequality as a key area, particularly for women labourers from lower socioeconomic backgrounds, and emphasized the need for inclusivity in policymaking.

Court’s Order

The High Court directed the Kerala Government to incorporate intersectional perspectives into the model workplace legislation. It stressed the need for gender-inclusive protections, robust enforcement mechanisms, and frameworks to address workplace rights comprehensively. The matter was adjourned to February 6, 2025, for further submissions and updates on the draft legislation.