After much anticipation, the Justice Hema Committee report has been released today. Established by the Kerala Government in 2017, the Committee was tasked with investigating the issues faced by women in the Malayalam film industry and proposing solutions.
The report advocates for the creation of a new law and an independent Tribunal to address the problems faced by women in the industry. The Committee firmly believes that only a dedicated forum, established through legislation, can effectively address and resolve these issues.
“We are unequivocal in stating that an independent body, created by the government under a specific statute, is essential to tackle the challenges women face in cinema. Only then can women be liberated from the malpractices within the Malayalam film industry,” the report asserts.
The Committee’s findings highlight various issues, including sexual demands, harassment, abuse, and inadequate workplace facilities such as transportation and accommodation. The report also points out the lack of basic amenities like toilets and changing rooms on film sets, leading to human rights violations. Additionally, it addresses safety concerns, gender discrimination, male dominance, and other issues such as alcohol and drug-related misconduct, vulgar comments, cyber harassment, and pay disparity. The report emphasizes that women are often unaware of their rights and that there is no established authority to address their grievances.
No Role for Internal Complaints Committee
The Committee concluded that forming an Internal Complaints Committee (ICC) in the film industry would not resolve these problems. Although the ICC is supported by the Vishaka Guidelines (1997) and the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013, the Committee believes it would be ineffective in the film industry. The report suggests that an ICC, composed of industry members, would be biased and deter women from reporting harassment.
The report states, “Given the prevailing power dynamics in the Malayalam film industry, an ICC made up of industry insiders would be ineffective and fail to protect women from sexual harassment and abuse.”
Proposed Kerala Cine Employers and Employees (Regulation) Act 2020
The Committee criticized existing regulations such as the Cinematography Act, Cinemas (Regulation) Act (Kerala), and others for being inadequate in addressing modern challenges faced by women. It proposed enacting a new law, the Kerala Cine Employers and Employees (Regulation) Act, and establishing a Tribunal under this statute.
The report recommends that the Tribunal be led by a retired district judge, with appeals against its decisions made to the High Court. Proceedings should be confidential and held in camera. The proposed statute should outline prohibited acts and establish penalties.
Additional Recommendations
The report includes several other suggestions to improve conditions for women in cinema:
- Implement written contracts detailing service terms and remuneration.
- Mandate online gender awareness training to prevent exploitation and ensure respect.
- Prohibit alcohol and drugs in film workplaces.
- Address gender pay gaps and set minimum remuneration for junior artists.
- Provide proper accommodation and conduct mandatory background checks for staff.
- Ensure police complaints are filed for any criminal offenses.
- Develop a comprehensive film policy focusing on gender equality.
- Introduce film studies as an optional course in government colleges, with scholarships for female students.
- Create a digital platform for female technicians to share ideas and support one another.
- Establish a welfare fund for women who need to take time off due to childbirth or disability.
- Avoid glorifying gender injustice or violence against women in film scenes.
Background
The Justice Hema Committee Report was submitted to the Chief Minister in 2019, and its publication was approved on July 5, 2024. Initially, the Kerala High Court had stayed the report’s release following a writ petition by film producer Sajimon Parayil. However, the single bench dismissed this petition, allowing the report to be made public. A writ appeal by film actress Renjini, though not a party in the original petition, was also dismissed today, with the option to file a new petition.
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