Introduction
- The Justice Hema Committee, established by the Kerala government in July 2017, marked a pioneering effort to investigate issues faced by women in the Malayalam film industry. Led by retired Kerala High Court judge Justice K Hema, along with actress Sharada and former IAS officer KB Vatsala Kumari, the committee was formed in response to the sexual assault of a prominent actress.
- This groundbreaking initiative faced numerous challenges during its investigation. The committee prioritized direct evidence but struggled with outdated contact information and initial reluctance from junior artists who feared professional repercussions.
- Maintaining confidentiality while compiling sensitive information proved challenging. Notably, certain groups, such as dancers, were reportedly instructed to avoid speaking against industry figures. Despite these obstacles, the committee’s work represented a significant step towards addressing gender-based issues in Indian cinema, being the first government-commissioned study of its kind in the country.
Key Findings
The report reveals a disturbing picture of the working conditions and treatment of women in the Malayalam film industry:
Unsafe Working Conditions:
Denial of human rights to women in cinema: No toilets & changing room:
- Lack of basic amenities like toilets and changing rooms on film sets: Almost all the women examined before the Committee stated that there is no toilet facility or changing room on the set, especially while shooting is done in many outdoor locations, which are placed in remote areas.
- Women forced to use bushes or forests for urination, leading to health issues: Women are often forced to find some space in a nearby interior place like a forest or behind bushes or fat trees to relieve themselves. They also do not drink water on location, to prevent urge for urination.
- Impact on Urinary Health and Well-being– Women in cinema are forced to hold back the urge for urination for a very long time. Many of them have landed in hospitals on some occasions due to urinary infections and other physical discomfort and problems.
- Inadequate safety measures in accommodation and transportation– Without pre-arranged accommodations or the means to secure last-minute lodging, female artists face a difficult and potentially dangerous situation. Many are forced to spend the night in uncomfortable and unsafe public spaces such as train stations or bus stops.
- Privacy concerns in changing rooms– Women object to the use of a caravan for changing as there are possibilities of finding hidden cameras that may be installed.
The failure to make basic facilities for women in cinema on location sets by the production team amounts to a serious violation of human rights for women in cinema, the same amounting to a serious issue.
Every citizen has a right to live with dignity and is recognized as a human right. Such a right of a person is to be valued and respected.
Sexual Harassment, assault, abuse and casting couch.
Sexual Harassment and Exploitation:
- The widespread prevalence of the “casting couch” phenomenon– “Compromise” and “adjustment” are two terms that are very familiar to women in the Malayalam film industry, whereby they are asked to make themselves available for sex on demand. One of the witnesses who deposed before the Committee said that demand for sex can be made by anybody in the cinema – actor, producer, director, production controller or any other person, and women must be willing to surrender to their demands. The said witness was also deposed that if she wanted to get a chance to act in cinema and grow to heights, she would have made certain adjustments” and “compromises”.
- Sexual demands made for entry into the industry and career advancement– According to women in cinema, sexual harassment starts even before a woman comes into the film industry and starts working there. If a woman wants to get a job in a cinema, either people from the cinema will approach her, or she will have to meet somebody but, the demand for sex would be made by people in the cinema. Therefore, women in cinema do not find it safe to go to the workplace all alone and are often accompanied by their parents or close relatives since the demand for sex is made along with the offer for a chance in cinema.
- Incidents of intoxicated individuals harassing women at their accommodations- Women in the cinema do not find it safe to stay alone in caravans or at places where accommodation is arranged for them. In most of the hotels where they are staying, intoxicated men working in the cinema would often knocks on the doors. Many women stated that knocking will not be polite or decent but rather, men would repeatedly bang at the door, and by force. On many occasions, they have feared that the door would collapse, and men would make an entry into the room by force.
Women in cinema do not ordinarily approach police, even though evidence discloses several sexual acts committed against women in cinema, mostly constituting various misconduct/offences under the Sexual Harassment of Women in Workplace (Prevention, Prohibition and Redressal) Act as well as the other criminal laws. Rather, women in cinema who suffer the atrocities prefer to keep silent, as they fear serious consequences if they were to make any complaint about the same.
Online Harassment (Cyber-attack)
Making threats of physical and sexual violence: Female artists in particular face severe sexual harassment online, some of which are outlined below:
- Spreading false rumors and defamatory content,
- Impersonating female artists online to damage their reputation and flooding their social media with abusive messages and comments,
- Circulation of vulgar content and threats on social media- Perpetrators post sexually explicit comments and images, including photos of genitalia, on the artists’ social media profiles. These are often accompanied by rape threats and other sexually violent remarks intended to ridicule, intimidate, demoralize, and humiliate the women.
Exploitation of Junior Artists:
- Treated “worse than slaves” on some sets- Like many other women in cinema, hairstylists are also harassed by men in cinema. Some male make-up artists harass hairstylists who work under them.
- Denied basic needs like food, water, and proper working hours- They are not provided with toilet facilities on the set, even though they are made to be on set for 19 hours from 7 am to 2 am. Similarly, food and water have also been denied to them. Junior artists on the set are subjected to inhuman behaviour and are often treated poorly.
- Left stranded at shooting locations late at night without accommodation or transport- Junior artists are neglected by the persons who take them to the set, where they are left at the set late at night without accommodation to stay or transport to safely return home.
Solutions to the problems of women in cinema:
The POSH Act deals with sexual harassment after the employer-employee relationship is created; whereas, in cinema, sexual harassment starts even before the employer-employee relationship is formed. To combat the above-mentioned concerns surrounding women in the Malayalam Film Industry, totally different and industry specific statutes with provisions of different natures may be necessary. The Justice Hema Committee Report proposed The Kerala Cine Employers and Employees (Regulation) Act, 2020 in this regard.
While the full set of recommendations isn’t detailed in the current version of the report, suggestions to establish proper mechanisms to address complaints, implement strict guidelines for workplace safety and basic amenities, and ensure equal pay and opportunities for women have been made.
Some of the key suggestions included in this Act are as follows:
- No person shall harass a woman in a cinema by inviting her to share his bed with him.
- No producer shall refuse to provide to any woman in the cinema, basic facilities of toilets or a safe changing room on the shooting location, and in case there is no permanent arrangement for the toilet on set, sufficient toilets or caravan shall be made available in usable condition.
- No producer shall simply provide any unsafe or insecure accommodation to any woman in cinema who works in his movie.
- No producer shall deny to any woman in cinema including Junior artists, basic facilities such as toilets, changing room, food or water on the set.
- No person in cinema shall harass or torture a woman in cinema, directly or indirectly through his fan club, social media or any other mode by publishing any offending materials.
The proposed legislation also offered several solutions against gender discrimination in roles, pay, and opportunities, disparity in remuneration between men and women and resistance to allowing women into technical roles.
Conclusion
- The Justice Hema Committee report represents a watershed moment for the Malayalam film industry. It lays bare a deeply entrenched system of exploitation, discrimination, and harassment that has long plagued women working in cinema.
- The report’s revelations are both alarming and disheartening, exposing a film industry where fundamental human rights are frequently disregarded, and artistic endeavors often demand an unconscionable personal sacrifice.
- This report not only confronts the cinema world but also challenges society at large to examine and address the deeply rooted mindsets and behaviors that sustain gender discrimination and harassment. By laying bare these uncomfortable truths, the report serves as a powerful call to action, urging a comprehensive reevaluation of cultural norms and industry practices to foster a more equitable and respectful environment for all.
- The Justice Hema Committee report is not just a document; it’s a call to action. It challenges the industry to reimagine itself as a space where creativity flourishes alongside respect, dignity, and equality.
- Ultimately, the report underscores that the glamour of cinema cannot be allowed to mask the ugly realities faced by many within the industry. It’s time for the Malayalam film industry to write a new script – one that ensures justice, equality, and safety for all its members, regardless of gender or status.
Authored by – Gomathi Sridevi Radhakrishnan, Content Writer Intern, The Legal Swan.