Abstract
The Kerala government formed the Hema Committee in 2017 as a result of the Malayalam film industry’s widespread harassment and discrimination against women in the workplace. The committee’s purpose was to look into these problems and suggest changes to make the workplace safer and more equal for women in the sector. Justice Hema, a retired judge, chaired the group. The 2020 report exposed systemic issues such as noncompliance with the 2013 Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act (POSH Act), absence of formal employment structures, and differences in contracts and working conditions based on gender. This article looks at the legal ramifications of the Hema Committee’s conclusions, emphasising the necessity for formal employment standards, the implementation of the POSH Act, and the violation of constitutional rights related to gender equality. It also looks at the legal obligations that industry participants have with regard to privacy protection, worker safety, and anti-discrimination legislation enforcement. In order to guarantee accountability and gender balance in the Malayalam cinema business, the research advocates for significant legal reforms. In the conclusion, the Hema Committee’s recommendations emphasise the necessity of a legislative change to safeguard women’s rights and dignity and provide a more inclusive and safer workplace.
KEY WORD: Hema Committee, Workplace harassment, Gender discrimination, POSH Act, Legal reforms, Employment standards, Gender equality, Constitutional rights
Introduction
Kerala’s Malayalam cinema industry, which is frequently seen as a major cultural pillar, has come under increasing fire for workplace harassment and gender discrimination. The Kerala government formed the Hema Committee in 2017 to look into these charges after other well-known female actresses made similar claims. Justice Hema, who is retired, chaired the committee. The committee’s tasks included identifying industry-wide structural problems that support dangerous working conditions for women, suggesting changes, and putting forward legislative proposals to stop harassment and discrimination. The report published by the Hema Committee in 2020 brought to light the widespread prevalence of sexual harassment and gender discrimination in the Malayalam cinema industry. Although the results were mostly kept under wraps, conversations in public and leaked passages suggest that the study raised a number of legal and moral issues. This article looks at the Hema Committee’s conclusions’ legal ramifications as well as how they have shaped workplace safety and gender equality in the Malayalam film industry.
Establishment of the Hema Committee
A well-known Malayalam actress was allegedly attacked in a moving automobile in February 2017 by five guys who had abducted her and videotaped the attack. In addition to creating public indignation, this horrific event brought attention to the institutionalised harassment that women in the field experienced. The complexity of power relations in the business was brought to light by the actor Dileep’s participation, who was accused of plotting against the victim. The Women in Cinema Collective (WCC) was established in 2017 by a group of women working in the Malayalam cinema industry following the assault case. The goal of this collaborative was to provide a fair and secure workplace for female filmmakers. The WCC paved the way for the creation of the Hema Committee by fighting for women’s rights, elevating their voices, and promoting improved working conditions. The public testimony of sexual harassment incidents and the establishment of the WCC prompted more people to advocate for structural reforms in the Malayalam cinema industry. [1]Through their efforts, the group mobilised public emotion against the culture of silence around harassment incidents and garnered major media attention. As calls for change and accountability grew in volume, the administration was forced to respond. In response to the uproar, the Kerala government formed the Hema Committee in November 2017, which is made up of the bureaucrat KB Valsala Kumari, actress Sarada, and Justice Hema. The committee was assigned the responsibility of examining the degree of sexual harassment and gender discrimination prevalent in the sector. The committee invited women to testify in order to address systemic factors that allowed for such behaviour as well as individual concerns. The 296-page report that the Hema Committee delivered to the Kerala government in 2019 was not made public until August 19, 2024, which prompted charges that the government was shielding powerful industrial people and criticised the administration for its lack of action. The protracted delay sparked questions about responsibility and the need for significant reform in the sector, which has long suppressed the voices of women. The combination of a tragic event, industry-wide advocacy by women via the WCC, and an increasing awareness of the urgent need for structural reform led to the creation of the Hema Committee. The formation of the committee was a turning point in the Malayalam cinema industry’s efforts to confront and resolve long-standing problems with harassment and discrimination against women.[2]
Harassment in the Workplace and the Vishaka Guidelines
The Hema Committee Report raises a lot of awareness about sexual harassment in the film business, especially in light of the inadequacies of the current systems in handling the problem. Legal foundations for protecting women from workplace harassment are provided by the Vishaka Guidelines, which were created by the Supreme Court of India in 1997 and then codified into the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 (POSH Act). Nonetheless, because of the unstructured nature of the film business and its freelancing mentality, women are more susceptible to harassment and have fewer options for legal action. The committee emphasised how many film production companies and associated organisations do not have Internal Complaints Committees (ICCs). Because of the Vishaka Guidelines’ popularity, this loophole exposes film workers—especially women—to uncontrolled wrongdoing. Legally, these entities are subject to fines and penalties for breaking the POSH Act, which may lead to government action.
Gender Discrimination and Contractual Obligations
The widespread gender discrimination in the Malayalam cinema business, especially in contract negotiations and role assignments, was also brought to light in the Hema Committee report. When it comes to pay, screen time, and working conditions, men actors usually earn a lot more than their female colleagues. Furthermore, women are disproportionately affected by the inclusion of moral provisions and non-negotiable requirements in contracts, which restricts their autonomy and negotiating power. Legally speaking, this type of discrimination is against Articles 14, 15, and 16 of the Indian Constitution, which guarantee equality. It also goes against the rules outlined in several labour regulations that forbid discriminatory actions. The Committee suggested creating sector-specific policies to safeguard the rights of female players and guarantee gender equality in contract negotiations and working conditions.[3]
Need for Formal Regulations
The critical need for a strong legislative framework to address workplace harassment and gender discrimination is highlighted in the Hema Committee Report. While they lay the foundation, the current laws—such as the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act)—do not specifically address the difficulties that the entertainment industry faces. According to the paper, sector-specific rules should be introduced in order to reinforce current regulations and offer customised safeguards that are pertinent to the unique working circumstances of the film industry.[4]
The Hema Committee listed the informal character of the Malayalam cinema industry as one of its primary concerns. The majority of employees are engaged on a project basis and get little to no formal employment benefits, contracts, or grievance procedures. Due to the lack of a defined reporting structure or accountability system, harassment and discrimination concerns are made worse by this informal framework. Legally speaking, this absence of structure necessitates changes. The Contract Labour (Regulation and Abolition) Act of 1970 and the Industrial Disputes Act of 1947 offer pathways for the formalisation of employment in industries. Similar frameworks might apply to the Malayalam cinema business, guaranteeing improved control over employment practices and the creation of a grievance redressal system.
Protection of Privacy and Reputation
Protecting one’s reputation and privacy in the film business is another legal matter. The Hema Committee stressed that when harassment victims come up, they frequently risk having their reputations damaged or being placed on a blacklist. Defamation and the right to privacy are raised by this. Even though false accusations are protected under India’s Defamation Law, victims frequently lack the legal resources necessary to take the offensive against powerful offenders. Furthermore, victims have a constitutional protection in the form of the right to privacy, which was maintained by the Supreme Court in the historic K.S. Puttaswamy v. Union of India case (2017). Victims shouldn’t be compelled to face public scrutiny for voicing legitimate concerns. Legislative frameworks must provide due process for the accused while safeguarding whistleblowers and survivors of harassment.[5]
Conclusion
The Hema Committee Report addresses the pervasive problems of workplace harassment and gender discrimination, providing an unparalleled chance to transform the Malayalam cinema industry. Its conclusions highlight the necessity of enforcing gender-neutral employment contracts, formalising labour arrangements, and strictly enforcing the POSH Act. Even while the study has sparked a public conversation about these problems, concrete legal action is still required. To provide a more secure and welcoming work environment for women, Kerala’s government and business partners need to work together. [6]The Hema Committee’s conclusions have far-reaching legal ramifications, necessitating swift regulatory action and persistent attempts to protect the rights and dignity of women working in the Malayalam film industry. The film business in Kerala has been subjected to criticism over workplace harassment and gender discrimination. Some critics have painted Kerala as a state that is outdated or hazardous for women. But these problems are not specific to Kerala; they are present in many sectors of the economy and in many parts of the world. Kerala stands out for taking a proactive stance in resolving these issues. The Hema Committee, which sought to look into the issues and provide recommendations for changes to make the film business safer for women, was established by the Kerala government, who was the first to take significant action. It is important to understand that the state’s initiative to address such systemic flaws can have a cascading effect, inspiring other governments and sectors to follow suit, rather of concentrating on assigning blame. Kerala has led the way in tackling gender-based workplace harassment, opening the door for more extensive talks and possible changes that might eventually make workplaces safer for women in a variety of industries. This bold move demonstrates Kerala’s dedication to upholding justice and gender equality and provides a template for other Indian districts to follow when addressing issues of a similar kind.
[1] Hema Committee report: WCC calls for action to transform film industry into gender-just workplace <https://www.onmanorama.com/news/kerala/2024/09/01/hema-committee-report-wcc-calls-for action-to-build-gender-just-workplace-in-film-industry.html> accessed on 12/09/2024
[2] Thulasi K. Raj, Hema Committee report can be a catalyst for structural change in Malayalam cinema <https://frontline.thehindu.com/social-issues/gender/hema-committee-report-overhaul-workplace-practices-women-safety-film-industry/article68629602.ece> accessed 18/09/2024
[3] Justice Hema Committee report: A timeline of events so far<https://www.thehindu.com/news/hema-committee-report-published-a-timeline-of-events-i/article68546633.ece> accessed on 24/09/2024
[4] Hema Committee Report on Malayalam Film Industry<https://ensureias.com/blog/current-affairs/hema-committee-report-on-malayalam-film-industry> accessed 19/09/2024
[5] MeToo in Malayalam cinema explained: Inside the Hema Committee findings<https://www.business-standard.com/india-news/metoo-in-malayalam-cinema-explained-inside-the-hema-committee-findings-124090400340_1.html> accessed on 25/09/2024
[6] India Today, Malayalam film industry’s #MeToo scandal: Timeline, charges, and Hema Committee report<https://www.indiatoday.in/movies/regional-cinema/story/hema-committee-report-revives-malayalam-industry-metoo-2587817-2024-08-26> accessed on 23/09/2024
