22-August-2024-Editorial

HEMA COMMITTEE REPORT – MALAYALAM FILM INDUSTRY

The Hema Committee, chaired by retired Kerala High Court judge Justice K Hema, along with veteran actor Sharada and retired IAS officer K B Valsala Kumari, was formed to investigate and address issues in the Malayalam film industry.

The committee’s recent report has uncovered serious concerns about sexual abuse, gender discrimination, and mistreatment of women within the industry, prompting significant discussion and calls for reform.

Issues Highlighted in the Report

Sexual Abuse:

• Unwanted Advances: The report reveals instances where women in the industry have faced unwanted physical advances, even before beginning their work.
• Rape Threats: Some women have received rape threats, creating a hostile and unsafe work environment.
• Dehumanizing Practices: Women were often referred to by derogatory code names based on their willingness to “compromise,” highlighting the toxic culture prevalent in the industry.

Casting Couch:

• Prevalence: The report sheds light on the widespread practice of the casting couch, where women are coerced into providing sexual favors in exchange for roles and opportunities.
• Pressure from Authorities: Directors and producers are often the ones who impose such demands, labeling those who comply as “cooperating artists.”
• Emotional Trauma: Women who are forced to work with their abusers experience significant emotional distress, affecting their mental well-being.

Safety on Film Sets:

• Parental Presence: Due to fear of sexual demands and harassment, many female workers bring their parents or close relatives to the film set as a precautionary measure.
• Inadequate Protection: The lack of adequate protective measures on set highlights the unsafe working conditions faced by women in the industry.

Criminal Influence:

• Substance Abuse: The report indicates that criminal elements, often under the influence of alcohol or drugs, are a significant problem in the industry.
• Harassment in Hotels: Female artists have reported instances where men, intoxicated or under the influence of drugs, repeatedly knocked on their hotel doors, causing severe anxiety and distress.

Fear of Consequences:

• Reluctance to Report: Despite legal protections under the Indian Penal Code (IPC) and the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013, many women are hesitant to file complaints due to fear of retaliation.
• Stigma: The stigma associated with sexual harassment, especially for public figures, further discourages women from speaking out against their abusers.

Cyberthreats:

• Online Harassment: The report highlights the growing issue of cyberbullying and harassment faced by women in the industry, with social media platforms becoming a medium for threats and defamation.
• Targeting of Female Artists: Female artists are particularly vulnerable to explicit and threatening messages online, further complicating their professional lives.

Inadequate Facilities:

• Toilet Facilities: Many female artists avoid drinking water on set due to the lack of proper toilet facilities, particularly in outdoor locations.
• Challenges During Menstruation: The situation becomes even more challenging during menstruation, as women struggle to manage without adequate facilities for changing or disposing of sanitary products.

Inhumane Working Conditions:

• Exploitation of Junior Artists: Junior artists are often subjected to harsh conditions, including long working hours (up to 19 hours) and minimal pay.
• Delayed Payments: Payments are frequently misappropriated by intermediaries, leading to financial instability for these workers.

Legal Framework

Bharatiya Nyaya Sanhita (formerly IPC, 1860):

• Relevant Sections: Sections 354 (assault with intent to outrage modesty), 354A (sexual harassment), and 509 (insulting the modesty of a woman) provide legal recourse for sexual offenses.

Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013:

• Internal Complaints Committees (ICC): The act mandates the establishment of ICCs in workplaces to handle complaints of sexual harassment.

Information Technology (IT) Act, 2000:

• Digital Content: The IT Act addresses the publication and transmission of obscene material in electronic form, applicable to content in films.

Protection of Children from Sexual Offenses (POCSO) Act, 2012:

• Protection for Minors: The act specifically targets sexual exploitation and abuse of children, including within the film industry.

Immoral Traffic (Prevention) Act, 1956 (ITPA):

• Preventing Trafficking: This act aims to curb trafficking for commercial sexual exploitation, which can intersect with issues in the entertainment industry.

Recommendations of the Report

Internal Complaints Committee (ICC):

• Mandatory Establishment: The report recommends the mandatory establishment of ICCs under the Sexual Harassment of Women at Workplace Act, 2013, within all film industry organizations.
• Involvement of Industry Bodies: It suggests including members from the Film Employees Federation of Kerala (FEFKA) and the Association of Malayalam Movie Artists (AMMA) in these committees.

Independent Tribunal Proposal:

• Special Tribunal: Some members proposed creating an independent tribunal to address cases of harassment and discrimination in the cinema industry.
• Privacy in Proceedings: The tribunal should conduct in-camera proceedings to maintain the privacy of the victims, with names withheld from the media.

Written Contracts:

• Mandatory Contracts: The report advocates for mandatory written contracts to protect the interests of all cinema workers, including junior artists and coordinators.

Gender Awareness Training Program:

• Training Requirement: It is recommended that all cast and crew members attend a basic gender awareness training program before starting production.
• Accessibility: Training materials should be available in both Malayalam and English and made accessible online.

Women in Producer Role:

• Encouraging Women Producers: The report calls for financial incentives and streamlined processes to encourage more women to take up producer roles in the film industry.
• Single-Window System: A single-window system should be established for providing loans at nominal interest rates and streamlining permissions for women-led film productions.

Conclusion

The Hema Committee’s findings underscore the need for urgent reforms in the Malayalam film industry to protect the rights and dignity of women. Implementing the recommendations could pave the way for a safer, more equitable environment for all industry participants.