Sexual harassment till date remains one of the most fundamental challenges when it comes to gender equality. It threatens an individual’s dignity, safety and ability to engage in work without fear. In July 2017, the Kerala Government established a committee to address this rapid increase in sexual harassment and gender disparity in the Malayalam film industry. Led by Retired Justice K. Hema, this action of constituting a committee, now referred to as the Justice Hema Committee, was triggered by a prominent case related to the kidnapping and sexual violence against a reputed Malayalam actress, which exposed the covert issues within the industry. The committee was established at the request of the Women in Cinema Collective (WCC), a group promoting the rights of women in the film industry. The committee was made up of three members: Justice K. Hema, a former judge of the Kerala High Court and chairwoman; Smt. T. Sarada, an actress in the past; and Smt. K.B. Valsalakumari, an IAS officer who has retired. The committee began its activities in November 2017, engaging extensively with female professionals in different positions within the industry. Its goal was to record their experiences with harassment, discrimination, and various types of exploitation, eventually assembling these insights into an extensive report.
The Report
In December 2019, the committee presented its investigation report to the Chief Minister of Kerala, Mr. Pinarayi Vijayan. The publication however faced several delays and was only released to the public on 19 August 2024. The report is spread across 233 pages and highlights multiple women’s issues that are relevant to the Malayalam film industry. The report reveals extreme discrimination against women, including unequal pay. The report also mentions a power bloc consisting of the most powerful actors, directors, who control most of the film production and exercise their influence at the cost of women. The report details the existence of a “casting couch” practice, where sexual favours are demanded from women for career advancement. Women face problems in relation to transportation and accommodation while many film sets were reported to lack even basic facilities like changing rooms and toilets, which led to health concerns. The report highlighted how women who chose to voice their concerns about the industry’s problems and were outspoken about their experiences were threatened into silence. The industry’s power bloc unofficially bans women who speak up about the abuse that they have endured.
The committee made several recommendations aimed at addressing these systemic issues. The report called for a special legislation to deal with such issues arising in the film industry, due to the unique nature of the industry, and the erratic, irregular nature of work. Further, the report deemed it essential to establish a civil court-like tribunal to investigate serious allegations against individuals in the industry which could be supported by the implementation of strict policies prohibiting gender discrimination in employment practices and ensuring of safe working environments. It also called for prohibition of consumption of alcohol on sets and background checks on everyone involved in the project. Lastly, the committee also deemed mandatory, a basic online training in gender awareness to prevent harassment of women and to enact a comprehensive film policy focusing on gender equality along with an optional course on film studies in government colleges.
Prevention of Sexual Harassment & Bhartiya Nyay Sanhita
The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act) and the Indian Penal Code (IPC), now referred to as the Bharatiya Nyaya Sanhita, 2023, are frequently seen as insufficient structures for tackling the specific issues encountered by women in the film industry and comparable fields. The substantial disadvantage of the POSH Act is that it is more applicable in circumstances where conventional employment settings exist, and since a film set typically represents a temporary and atypical work location, it causes uncertainty. This ambiguity raises the question of whether the actor and crew members qualify as workers under the Act. In most of these instances, the definitions of “workplace” and “employer” are vague, leading to contradictions between implementation and practice. In fact, many units of production do not establish Internal Complaints Committees, leaving the women without any formal channel through which they may file complaints regarding harassment. Although the IPC provides a framework within which sexual offenses are governed, it fails to be responsive to the incident of workplace harassment in most instances. Protracted legal battles and possible victim-blaming environments often deter women from speaking out, worsening their susceptibility in such an imbalanced field.
The Impact & Judicial Response
The Justice Hema Committee report was a landmark moment for the Malayalam cinema industry, sparking extensive public discussion over gender equality and worker safety. Its disclosure prompted urgent calls for action from civil society and government agencies. 80% of your text is likely AI-generated New version: The report led to the resignation of the Executive Committee of the Association of Malayalam Movie Actors (AMAA) along with its President, the renowned actor Mohanlal. Since then, the Kerala High Court has been closely overseeing the progress in implementing the recommendations outlined in the report. In October 2024, the court stated that based on the information in the report, investigations could be made under Section 173 of the BNSS (Bharatiya Nagarik Suraksha Sanhita) by the Special Investigating Team constituted by the Government. The court stated that witness statements in the report disclose the commission of cognizable offences which could be used as ‘information’ to proceed with the investigation under the section. The Court also directed the SIT to ensure that the name of the victim/survivor is not revealed to the public, and to not force witnesses to give statements to support the investigations. The Government reported to the court that 26 FIRs had been registered based on findings from the committee’s work. The court admonished the state government for its prior inaction regarding these serious allegations, given that the report had been submitted to it in 2019.
Conclusion
The Justice Hema Committee report has emerged as an important document revealing the systemic malaise in the Malayalam film industry, pointing towards gender discrimination and sexual harassment. Its recommendations not only referred to long-standing issues but also began legal proceedings against offenders. It marked an important step in bringing about accountability. Discussions continue on the implications of this report, within the industry and among policymakers. It is apparent that this report has catalyzed a movement to reform the culture of the workplace in Malayalam cinema. Judicial scrutiny and governmental actions in place signal a commitment to addressing these critical issues head-on, to foster an environment where women can work safely and equitably in their chosen profession.
Authors: Vishal Menon, Rutvik Mehta, Sameer Kashyap & Simran Jayarao