'Requested Govt To Implement Justice Hema Committee Report' : Kerala Women's Commission Tells High Court In WCC's Plea

The Kerala Women's Commission has filed an impleading application in the Public Interest Litigation (PIL) moved by Women in Cinema Collective (WCC) before the Kerala High Court. 

The plea by WCC was filed in 2018 seeking the establishment of a grievance redressal mechanism in the Association of Malayalam Movie Artists (AMMA), a body of Malayalam actors.

The main contention in the PIL was that the association had not constituted an Internal Complaints Committee/Grievance Redressal Cell as mandated by the Supreme Court in the Vishaka case and Sexual Harassment at Work Places (Prevention, Prohibition and Redressal) Act 2013.

In its application, the Commission submitted that it functions exclusively for the benefit and welfare of women in the State.

It was also highlighted WCC had approached the Chief Minister with a representation in the wake of the gruesome actor sexual assault case in 2017.

In this representation, they claimed to have specifically sought the constitution of a grievance redressal mechanism. After being forwarded to several State departments, it finally culminated in the establishment of an expert committee headed by former Kerala High Court Judge Justice Hema. 

The committee was to examine and submit a report on the problems faced by women in the film industry and the working culture therein.

Moreover, the Commission submitted that the WCC had sent them an email citing that the respondent association AMMA and the Cine & TV Artists Association (CINTAA) had not yet constituted a grievance cell despite being duty-bound to do so. 

In the light of the said circumstances, the State Women's Commission sought to be impleaded in the PIL as an additional respondent. 

The Commission said that it had sent a representation to the Secretary at the Department of Cultural Affairs, Government of Kerala, on January 27, highlighting the need to implement the recommendations of Justice Hema Committee for the welfare of women artists in the film industry.  In the said representation, the Commission also sought the enactment of beneficial legislation for cine employees and employers as a whole.

The relevant portion from the Commission's representation to the Department is as follows :

"Kerala Women's Commission invoking its power under Section (1)(iii) (a), (b), Sec 16 (1) (v) and Sec 16 (1)(vi) of the Kerala Women's Commission Act is requesting the Government. to take necessary steps to effectively implement the guidelines laid down in Vishakha case by the Honourable Supreme Court of India and also for constituting Grievance redressal mechanism as envisaged in Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 ("POSH Act"). KWC is also requesting to implement various suggestions/recommendations Justice Hema Committee which can bring far-reaching and relevant changes in the welfare of women artists in the film industry including enactment of a beneficial legislation for the Cine employers and employees as a whole".

Case Title: Women in Cinema Collective & Anr v. State of Kerala & Ors | WP(c) 34273/2018