Justice Hema Committee Proposes Special Law & Tribunal To "Liberate Women From Evils Of Malayalam Film Industry"

Justice Hema Committee suggested that issues faced by women in the film industry could only resolved by the enactment of a new statute and by the constitution of an independent Tribunal to address their grievances.

“We have absolutely no hesitation to state that there must be an independent forum which must be constituted by the government, as a per a statute, to deal with the problems of women in cinema. Then and then alone the women can be liberated from the evils of Malayalam film industry”, stated the report.

The Committee's study revealed that women in the film industry face numerous issues, including, sexual demands, sexual harassment, abuse and assault in workplace. They also face problems of transportation and accommodation. It also stated that women lack basic facilities like toilets and changing rooms in film sets, leading to human rights violations. Additionally, the report highlighted the issues of lack of safety and security for women, gender discrimination, male domination. The report further stated that women faced gross disorderly conduct from others who are under the influence of alcohol and drugs  , vulgar comments, cyber harassment, payment disparity etc. The Committee emphasised that women were unaware of their rights and that there is an absence of a legally constituted authority to redress their grievances.

No Purpose In Constituting Internal Complaints Committee

The Committee suggested that the problems faced by women cannot be resolved by forming an Internal Complaints Committee (ICC) in the film industry. The recommendation for constitution of ICC was made based on the Apex Court decision in Vishaka v State of Rajasthan (1997) and Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013. However, the Committee felt that ICC could not address the problems faced by women in cinema since individuals working in cinema will only be the president and members of the ICC. It also stated that women will be scared to divulge details of harassment before the ICC if its members are from the film industry itself.

The report said, “we are fully satisfied of the fact that as long as the power structure exists in the Malayalam film industry, they will take full control of it and account constitution of ICC comprising of persons in cinema will be of no use at all to protect any woman in Malayalam film industry from sexual harassment/assault/abuse in cinema.”

Kerala Cine Employers and Employees (Regulation ) Act 2020

The report suggested that the existing statutes such as the Cinematography Act, Cinemas (Regulation) Act (Kerala), Cine Workers and Cinema Theatre Workers (Regulation), Cine Workers Welfare Cess Act and Cine Workers Welfare Fund Act were insufficient to deal with the challenges faced by women in present times. It also stated that the problems faced by women in cinema cannot be adequately dealt with under the provisions of the IPC and POSH Act.

The Committee thus suggested that enacting a separate Act can only address the specific issues women face in the film industry. It proposed enacting the Kerala Cine Employers and Employees (Regulation)  Act and establishing a Tribunal under this statute.

The Report suggested that a District Retired Judge must head the Tribunal and a revision against the Tribunal's order could be preferred before the High Court. It suggested that proceedings before the Tribunal must be confidential and will be held in camera. Further, the report stated that the statute must also lay down illegal acts prohibited by under the statute and provide penalties.

Other Suggestions

The report concludes by giving other suggestions to redress the issues faced by women in cinema.

Have a written contract stipulating terms and conditions of services and remuneration would resolve many difficulties.

Mandatory, basic online training in gender awareness to prevent exploitation against women and to ensure respect and dignity for all.

Alcohol and drugs must be banned from workplaces in cinemas.

The huge gap in remuneration based on gender must be reduced and minimum remuneration must be fixed for junior artists.

Ensure proper accommodation for women.

Mandatory background checks for staff.

Ensure that police complaint is filed if any criminal offence is committed.

Enact a comprehensive film policy focussing on gender equality.

Film studies could be introduced as an optional course in government colleges in every district and women who pursue such courses could be offered fee concessions, scholarships etc.

A digital platform for girl technicians must be formed in all colleges where they could share ideas and support each other.

The report further suggested for creation of a welfare fund for women who have to stay away from their jobs due to delivery or physical disability. Further, it was suggested that film scenes must not glorify gender injustice or violence against women.

Background

Justice Hema Committee Report was submitted before the Chief Minister in 2019 and the decision to make the report public was taken in July 5, 2024. Initially, a stay was granted by the Kerala High Court against the publication of the report in a writ petition filed by film producer Sajimon Parayil. However, the single bench dismissed the writ petition and ordered that the report could be made public.

A writ appeal was preferred against the order of the single judge by film actress, Renjini, despite not being a party in the writ petition. Her writ appeal was dismissed today by the High Court and she was granted liberty to file a fresh writ petition.

Click here to Read/Download the Justice Hema Committee Report