WCC Moves Kerala High Court Seeking Guidelines To Regulate Malayalam Film Industry, Interim Enforcement Of 'Cinema Code Of Conduct'

The Special Bench of Justice A. K. Jayasankaran Nambiar and Justice C. S. Sudha, hearing the matters relating to Justice Hema Committee Report has directed the State Government to file its counter.

WCC is a registered society comprising women from the Malayalam Film Industry who are protesting against various crimes against women in the industry. Following a representation submitted by WCC to the Chief Minister, the Justice Hema Committee was formed.

The petition has been filed seeking the enforcement of the fundamental rights of women working in the industry and to ensure that they have equal opportunities and dignity.

It is alleged that the Malayalam film industry is unorganized and laws have to be made to ensure workplace rights. It is alleged that lack of regulation and grievance redressal mechanism within the industry makes power groups that dictate the terms and working conditions in the industry.

WCC in their plea submitted that they have prepared a 'Cinema Code of Conduct' which includes suggestions to resolve issues on behaviour/work culture, gender sensitisation and lack of infrastructure from different stakeholders. The Cinema Code of Conduct was prepared by the WCC to ensure the creation of a progressive work culture in the industry, provide workplace rights for all, and ensure women's safety and workplace rights. The Cinema Code of Conduct also calls for the implementation of a zero-tolerance policy against sexual harassment, gender discrimination, abuse, harassment, bias, intimidation, verbal abuse, coercion etc. The WCC has thus submitted a draft interim guidelines before the Court.

The petitioner also proposes for the formulation of legislation to address the issues prevalent in the industry and expresses their willingness to submit a draft bill before the Court.

Plea said, “Under the draft Bill the Petitioner proposes an independent regulatory commission under the Chairpersonship of a Retd. High Court Judge that would act as a monitoring and grievance redressal body amongst other functions. It is proposed that the Commission be populated with members of the MFI including 50% women so that the Commission may work towards developing a self-regulated work environment in the industry. The scheme of the bill envisions a Tribunal which would oversee the functioning of the commission with appeals against the tribunal's order lying before this Hon'ble Court.”

The plea also seeks for a direction from the Court to protect victims/survivors of sexual exploitation and harassment whose names are disclosed in the Justice Hema Committee Report.

The plea has been moved by Advocates Sradhaxna Mudrika, V Shyamohan and Kuriakose Varghese

Case Number: WPC 41327/2024

Case Title: Women In Cinema Collective v State of Kerala & Others