Hema Committee Report on Malayalam Film Industry

1. In August 2024, the Hema Committee report has been released by Kerala government, four-and-a-half years after it was submitted to the Chief Minister.
2. The 3-member committee was led by retired Kerala High Court judge Justice K Hema, with members including veteran actor Sharada and retired IAS officer K B Valsala Kumari.
3. The report highlighting serious issues like sexual abuse, gender discrimination, and mistreatment of women.

What led to the formation of the Justice Hema Committee?

1. On February 17, 2017, a leading Malayalam film actress was abducted and sexually assaulted in her car by a group of men. A prominent actor would later be implicated in the case which sparked outrage across Kerala, and brought under the scanner the discriminatory treatment faced by women in the Malayalam film industry.
2. The Women in Cinema Collective (WCC), comprising women actors, producers, directors and technicians, was formed in response to this incident.
3. On May 18, 2017 the WCC submitted a petition to the Kerala Chief Minister demanding an inquiry into the incident, and larger gender issues plaguing the state’s film industry.
4. In July, the state government formed a 3-member committee headed by Justice K Hema, to look into issues of sexual harassment and pervasive gender inequality in the Malayalam film industry. After speaking to multiple women in the industry on a variety of issues, the Committee submitted a 295-page report to Kerala Chief Minister Pinarayi Vijayan in December 2019.

Key Issues Highlighted in the Hema Committee Report

1. Sexual Abuse: The report details instances of unwanted physical advances, rape threats, and using code names for women who might agree to compromises.
2. Casting Couch: The report reveals the widespread practice of the casting couch, where women are coerced (forced) into offering sexual favours for job opportunities.

1. Directors and producers often pressure female actors to compromise and those who comply labeled as "cooperating artists."
2. Women who are forced to work with their abusers resulting in significant emotional trauma.

3. Safety on Film Sets: Many female film workers bring parents or close relatives to the set to protect themselves from sexual harassment and demands.
4. Criminal Influence: The report highlights the presence of criminal elements in the Malayalam film industry.

1. It notes that men, sometimes under the influence of alcohol or drugs continuously disturb female artists at hotels which causes significant distress (pain).

5. Fear of Consequences: Despite legal protections under the Bharatiya Nyaya Sanhita (BNS) (earlier Indian Penal Code) and the Sexual Harassment of Women at Workplace Act 2013, women in the film industry fear retaliation and stigmatization (to narrow a person's social identity) and it often prevents them from filing official complaints.
6. Cyberthreats: The report mentions significant online harassment faced by both female and male artists like cyberbullying (using technology to harass, threaten or target another person), public threats, and defamation.

1. Social media is frequently used to target female artists with explicit and threatening messages.

7. Inadequate Facilities: Female artists often avoid drinking water on set due to poor toilet facilities, especially during outdoor shoots.

1. This issue becomes more challenging during menstruation, when there are difficulties in changing or disposing of sanitary products.

8. Inhumane Working Conditions: Junior artists receive low or no minimum remuneration and are sometimes treated worse than slaves, with work hours extending up to 19 hours.

1. Payments are often delayed and intermediaries sometimes take a large portion of their earnings.

9. Legal and Contractual Issues:  Limited knowledge about legal rights and regulations makes it hard for individuals to seek justice.

1. Internal Complaints Committees (ICCs) are often not functioning properly which make grievance redressal ineffective. There are frequent cases where contracts are not enforced, leading to disputes.

10. Deep-Rooted Gender Bias: The Hema Committee Report highlights that the industry is heavily male-dominated. Women are frequently excluded from key roles.

Legal Framework to Address Sexual Exploitation in the Film Industry

1. Bharatiya Nyaya Sanhita (Indian Penal Code, 1860):

1. Section 354: Deals with assault or the use of criminal force against a woman with the intent to outrage (an extremely strong reaction of anger or shock) her modesty.
2. Section 354A: Deals with physical contact and advances that are unwelcome and explicitly sexual, demanding sexual favours, showing pornography against a woman's will and making sexually coloured remarks.
3. Section 509: Uttering any word or making any gesture intended to insult the modesty of a woman, etc.

2. Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013: Requires workplaces to set up Internal Complaints Committees (ICC) to handle sexual harassment complaints.
3. Information Technology (IT) Act, 2000: Focuses on the publication and transmission of obscene (indecent) material in electronic forms, including digital film content.
4. Protection of Children from Sexual Offenses (POCSO) Act, 2012: Provides safeguards for children against sexual exploitation and abuse, including in films.
5. Immoral Traffic (Prevention) Act, 1956 (ITPA): Aims to prevent trafficking for commercial sexual exploitation.

Casting Couch The "casting couch" is a term describing a practice where individuals, often women, are pressured to offer sexual favors for job opportunities, especially in acting roles. It involves individuals in power, like directors or producers, exploiting their position to coerce aspiring actors into unwanted sexual situations.

Key Recommendations of the Hema Committee Report

1. Internal Complaints Committee (ICC): The report recommends the mandatory creation of an ICC under the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013.

1. The ICC should include members from the Film Employees Federation of Kerala (FEFKA) and the Association of Malayalam Movie Artists (AMMA).

2. Independent Tribunal Proposal: Some members suggest setting up an independent tribunal to specifically handle harassment and discrimination cases in the film industry.

1. The report recommends conducting tribunal proceedings in-camera to ensure privacy, with names of those involved kept confidential from media coverage.

3. Written Contracts: It is recommended that signing written contracts be mandatory for all categories of employees, including junior artist coordinators, to safeguard everyone's interests in the film industry.
4. Gender Awareness Training Program: A basic gender awareness training program should be mandatory for all cast and crew members before starting production.

1. Training materials should be available in both Malayalam and English and made accessible online.

5. Women in Producer Roles: There should be sufficient and timely budgetary support for films that promote gender justice, both in their themes and production processes.

1. A single-window system should be established to provide loans at low-interest rates for films produced by women (not as proxies for men) and to streamline the process for obtaining shooting permissions, encouraging more women to join the film industry.

Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (PoSH Act) Enacted in 2013 which aims to address sexual harassment against women at workplaces. It seeks to ensure a safe and supportive work environment for women by protecting them from sexual harassment. Definition of Sexual Harassment: The Act defines sexual harassment to include: Unwanted physical contact and sexual advances Requests or demands for sexual favours Sexually coloured remarks Displaying pornography Any other unwelcome physical, verbal, or non-verbal behaviour of a sexual nature Key Provisions: Prevention and Prohibition: Employers are legally required to prevent and prohibit sexual harassment in the workplace. Internal Complaints Committee (ICC): Workplaces with 10 or more employees must establish an ICC to handle sexual harassment complaints. These committees have the authority similar to civil courts for collecting evidence. Complaint Process: The Act provides a structured process for lodging complaints, conducting investigations, and ensuring fair treatment for all parties involved. Penalties: Failure to comply with the Act can lead to penalties, including fines and possible cancellation of business licenses.

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