Article 21 of the Constitution of India states that “no person shall be deprived of his life or personal liberty except according to procedure established by law”, guaranteeing the Fundamental Right to life and personal liberty to everyone. That definition of “life” here means a right to live with dignity--more than a mere “animal existence”, as stated in Munn vs. Illinois (1877, US Supreme Court). The same was reiterated in the Supreme Court ruling in Francis Coralie Mullin vs. The Administrator, Union Territory of Delhi. In the Vishaka and others vs State of Rajasthan case (1997), the court held that sexual harassment at the workplace is a violation of the right to life with dignity and laid down the Vishaka Guidelines for defining sexual harassment in the workplace. In 2013, the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act came into effect. The principle of Affirmative Action to remedy the disadvantages faced by women, is also incorporated into Article 15(3) of the Constitution of India.
The Hema Committee Report And The Rot Within The Malayalam Film Industry
Many of those who disposed before the Hema Committee have shared evidence of what that amount to cognisable offences.
These are among the many provisions in existing laws to protect the rights of women in India. In addition to these, gender-specific special laws are also enacted from time to time. With these lofty ideals as the backdrop, let’s try to evaluate the current controversy of sexual violence in the workplace, a global phenomenon that is particularly high in the entertainment industry, especially the movie business.
It was the infamous sexual assault of a Malayalam film actress in 2017 that threw the issues faced by women in the industry into stark relief. It led to the formation of the Women in Cinema Collective, a band of courageous women who campaigned for the Kerala government to appoint a committee to study issues including sexual harassment in the Malayalam film industry. The committee of three illustrious women from different walks of life--with former High Court of Kerala Justice K. Hema as the chair and award-winning actress T. Sarada and retired IAS officer K.B. Valsala Kumari as committee members--embarked on this mission with single-minded focus, putting together a report based on through investigation and not hearsay. The report, which was submitted on December 31, 2019, was made public on August 19, 2024, sending shockwaves across society.
That the report which was submitted to the Chief Minister of Kerala was made public only after four-and-a-half years, evidences the long tentacles of the industry “mafia” that the report refers to and the unholy alliances in the corridors of power. The report that has been made public also hides the identity of the accused in the name of confidentiality. Imagine the extent of the “mafia’s” reach if it can stop the publishing of a report submitted by a government-appointed committee to address grave sexual violence against women in their workplace. The committee gives a prelude to the precipitous nature of this industry at the beginning of its report, stating: “The sky is full of mysteries with the twinkling stars and the beautiful moon. But, scientific investigation revealed that the stars do not twinkle nor does the moon look beautiful. Do not trust what you see: even salt looks like sugar.”
How the WCC made a difference
The decision to constitute such a committee to study the plight of women in the film industry was the result of a group of women standing together to fight injustice, come what may. This group of women, who have worked behind and in front of the film cameras, collectively raised their voices against injustice, the normalisation of the ‘casting couch’, and sexual harassment and discrimination. Initially, it was a small team of 18 artists and technicians who came together to constitute the Women in Cinema Collective. They wanted the authorities to sit up and take notice of the human rights violations and gender-based violence that’s rampant in the industry that they call their workplace. They asked for an expert committee to study the issues in the film industry and take appropriate action to ensure that the industry becomes an inclusive workplace.
Once the WCC came into being, women in the industry found a platform where they could disclose the harassment and discrimination they face. As a follow up to their demand for a safer workplace, the WCC filed a writ petition seeking directions from the court for constituting Internal Complaints Committees as per the prevention of sexual harassment Act of 2013 in the film industry and direct the Association of Malayalam Movie Artists be legally obliged to constitute ICCs.
When the Kerala government appointed the Hema committee, based on the request of WCC to the Chief Minister of Kerala, it issued the following terms of references for the committee:
1. Issues faced by women faced in cinema and solutions to the problems 2. Service conditions and remuneration for women in cinema
3. Measures to enhance participation of women in all fields connected to cinema
4. How to bring more women into the technical side of cinema, by giving scholarships etc.
5. How to help women in cinema when they have to remain out of work due to delivery, childcare and other health issues
6. How to ensure gender equality in the context of cinema
7. How to encourage cinema in which women are engaged in 30% of production activities
In a fact-finding mission, evidence collection is the toughest task as direct interviews with affected parties is very difficult. Protection of identity and privacy is a major concern for the victims as they fear retribution and backlash from the powerful and privileged that they are trying to oppose and expose.
It was interesting to note that not just women, but men were also reluctant to speak against the injustices, discriminations and sexual harassment happening in the industry. Dancers, junior artists and technicians face grave discriminations, starting with food, basic facilities, and wages, but they had been instructed by their associations not to speak against anybody in the industry when they appeared before the committee. Ironically, many of the victims who continue to face discrimination tried to save their masters by informing the committee that they are absolutely fine and that there are no instances of harassment or discrimination in the workplace. The report reveals that men feared a ban—an illegal one, that is--that could ruin their career and livelihood. In the words of Radhika Viswanathan, a feminist in Kerala it is “a banana republic indeed!”
The rule of law is considered a basic structure in India, which means we all have a duty to obey the law of the land, and the police are duty-bound to register and investigate if there is a cognisable offence that’s reported or disclosed by anybody. Many of those who disposed before the Hema Committee have shared evidence of what that amount to cognisable offences. The committee guarantees the confidentiality of victims, survivors and witnesses, but it also hides the identity of offenders who committed brutal sexual violence and harassment on woman, and possibly minor girls as the committee uses “women” and “girls” in multiple instances.
The Hema Committee report in brief
The Context: The report states that on interacting with both the old and the new generation in cinema, the committee found that women have been facing these problems since the inception of the industry, and that there was no authority to address or resolve any of these issues. They could never voice their concerns to anyone.
The Problem: Demands for sexual favours, outright sexual harassment, sexual abuse, and sexual assault at the workplace, during transportation, and in the accommodation continue to be a major menace for women in cinema. The men in the industry make open demands for sex without any qualms as if it’s their birthright. Women are left with very few options other than to oblige or reject at the cost of their long-awaited dream of pursuing cinema as their profession.
The Torture: If women dare to express their resentment and unwillingness to sexual demands, the torture heightens. The cliques in cinema impose an unauthorised ban on individuals who refuse to comply with the demands and on those who question authority and speak up for justice.
The Ground Conditions: Health and safety at the workplace are compromised, starting from lack of basic needs like toilets, availability of water and changing rooms in outdoor locations. The unhygienic conditions heighten the hardships during menstrual periods for women, leading to health issues including frequent UTIs. Gross indiscipline at the workplace including consumption of alcohol, use of drugs and disorderly conduct and misbehaviour makes this environment a breeding ground for human rights violations. There is no proper work contract or fulfilment of remuneration agreed or pay parity. Work ethics are low with bias and discrimination based on gender the norm at a workplace dominated by misogynistic men.
The Abuse: Women in the cinema industry faces the worst form of cyber-attacks, as we have seen in the recent past. Slut shaming, victim blaming and open abuse on social media of women who speak up against the injustice and exploitation they face is mostly led by fan clubs of leading actors in the industry. These fan clubs and online news portals are funded by such actors and used to defame women in cinema who dare to speak up against the sexual exploitation that is normalised in the industry with words like casting couch, compromise and adjustments. There is no effective legal redressal mechanism available to address the grievances of women who goes through this constant abuse online and offline
The Right: Women in this country have the right to live with dignity, choose any profession or career, and to work in a safe environment, free from any harassment which violates her dignity and infringes on her privacy. However, the sexual exploitation and harassment shockingly rampant in the film industry continues to go unchecked and uncontrolled. Sexual harassment against women in the workplace is a human rights issue and should be dealt as a crime against humanity.
The Ask: There should be a code of conduct applicable for all production houses engaging in film making to ensure that basic facilities are in place at the workplace. It should also ensure there is a moral code of conduct to ensure that the right to live with dignity of every citizen is upheld under all circumstances at work.
The Hema committee has expressed its concern about the absence of a redressal mechanism. Constituting an ICC in every production house and having an appellate tribunal to monitor the fair and transparent functioning of the ICCs is the need of the hour in the film industry, which is considered an unorganised segment of the workplace. Members of AMMA, FEFKA, Artists Union, Women in Cinema Collective and other Associations can be nominated from the available crew in a film unit to constitute an ICC. Work contracts should be established with remuneration details that is signed by both parties as a first step to bringing in professionalism in this industry. The Hema committee strongly suggests implementing a written contract with all individuals who are associated with production to mitigate financial fraud and related crimes in the industry. There is no legal obligation to protect the identities of those accused of committing crimes against women and revealing the names and details of the accused is considered an effective mechanism of deterrence for others. Punitive action should be taken not just against the accused, but also against persons in positions of authority who failed to take disciplinary action against these offenders when a complaint was registered.
The Conclusion: It is the primary responsibility of the government to regulate the unorganised sectors with required guidelines for compliance. Ethics committees and tribunals should be set up to run fair audits to ensure efficiency of the system. Non-compliance should attract heavy fines and cancellation of licences. Prosecute the accused without further delay. Let's take a legal course of remedies to create inclusive workplaces for all genders to thrive!
The aftermath of the report
Judicial Intervention: The High Court of Kerala on August 22, 2024 directed the Kerala government to submit the full report without edits before the court in a sealed cover by September 10. The division bench of Acting Chief Justice Muhamed Mustaque and Justice S Manu expressed their concern over this controversial issue.
The Tremors: Siddique, well known actor and General Secretary of A.M.M.A [Association of Malayalam Movie Actors] who is embroiled in a very serious allegation of rape and sexual assault, has submitted his resignation from the post stating, “I am stepping down in light of the allegations against me”, while denying all the allegations. Actress Revathy Sambath had spoken up against him to the media about the rape and gross sexual violence she was subjected to in 2019.
In a similar incident, Ranjith, award-winning director and current Chairman of the Kerala Chalachitra Academy has resigned from the position, following allegations by Bengali actress Sreelekha Mitra that she was subjected to sexual misconduct and inappropriate behaviour when she was being auditioned for a role in a Malayalam movie in 2009. The resignations of these alleged perpetrators had been demanded by several forums and associations, and a state intervention to enforce the resignations had seemed inevitable.
(Bindu Ammini is an advocate and founder member of Dalit Times. Kush Ambedkarwadi is a political analyst. The views expressed here are personal)