Enactment Of Special Legislation Would Address Issues Faced By Women In Entertainment Industry: Kerala Women's Commission Tells High Court

The suggestions regarding the new legislation were placed before the Special Bench of Justice A. K. Jayasankaran Nambiar and Justice C. S. Sudha, constituted to hear matters connected with the report of Justice Hema Committee, established by the Government in 2017 tasked to study the issues faced by women in the Malayalam film industry. The report was published on August 19, 2024.

During the previous hearing, the Court pointed out the lacunae in the PoSH Act 2013, stating that it does not address the specific issues faced by women in the entertainment industry and suggested enacting a special legislation. 

The Women's Commission submitted that the special legislation could encompass women from diverse fields like music, film, television, theatre, circus, visual arts, and fashion to ensure that they receive equal opportunities, protection and respect. The act also intends to eradicate discrimination and to promote gender neutrality across the entertainment sector. It was submitted that the special legislation could address issues like minimum wages, work hours, rest periods, and essential facilities, including e-toilets, changing rooms, food accommodations and transportation in addition to sexual harassment issues.

The Women's Commission also submitted a layout of the special legislation before the Court and pointed out that there must be compulsory registration of all members and stakeholders within the entertainment industry to promote a fair and equitable working condition for all. It is also suggested that there must be mandatory work contract or contract of engagement outlining the terms and conditions of employment or work between the employer and the employee. The Commission has also suggested that there must be minimum wages, internal committees and Tribunals set up to address various issues faced by women in the industry.

The Government has also filed a counter affidavit before the Court about the formulation of a film policy for Kerala. The affidavit submitted by the government stated thus, “ A major recommendation of the committee is to formulate a Film Policy for the State of Kerala. Government constituted a committee chaired by Sri.Shaji N Karun for preparing a draft approach paper for Film policy, as per GO(Rt) 357/2023/CLAD dated 15.07.2023. It is also ordered to include suitable suggestions after examining the recommendation of the Justice K Hema Committee. A Film Conclave is being scheduled for consolidating the suggestions of representatives from the various fields in film. Government will formulate an appropriate film policy after taking into account the suggestions from the film world.”

The Government further suggested that the Chalachithra Academy and the KSFDC can conduct gender awareness programs to increase awareness and ensure the safety of women in the film industry. It also suggested that care must be taken to include progressive women's perspectives in films which will be produced with Government assistance and also stated that care must be taken to portray women in films in a positive manner.

The Court has directed all the stakeholders to submit their views and suggestions in this regard.

Kerala Women's Commission is represented by Advocate A Parvathi Menon.

Case Title: Jannath v State of Kerala

Case Number: WPC No. 31205/2024