“The entertainment industry is vast and is a reflection of the society we live in”
– Karrine Steffans [1]
The entertainment industry in India comprises many stellar performers, writers, directors, producers, music directors, make-up artists and many other professionals. As much as the industry seems shining from its exterior, it is the darkest reflection of the society we live in. The stars shining in the entertainment industry are not so bright behind the silver screen. The anguish and despair of the women and men who are a part of the industry are silenced; they are unable to address their issues due to the lack of a proper forum to seek solutions. The problems faced are highly serious and due to the lack of a distress-mechanism the issues remain unaddressed.
The horrific happening that sparked the creation of the Hema Committee occurred in 2017, when a well-known actress was abducted and sexually raped in a moving vehicle in Kochi. This incident received a lot of media attention in Kerala. This incident exposed the devastating reality which women face behind the silver screen of the Malayalam film industry. Due to the uproar caused by this terrible incident, women working in the Malayalam film industry created an organization named ‘Women in Cinema Collective’ (WCC). They united together and met with the Hon’ble Chief Minister Shri Pinarayi Vijayan, handing in a petition requesting relief.
The Government of Kerala constituted the Hema Committee which was the first Committee formed for such initiative. The Hema Committee was led by Justice Hema who is a retired Judge, the other important members were Smt K.B.Valsala Kumari, a former IAS officer and Smt T Sharada, a retired member of the Women’s Commission. The Committee was tasked with the study on the issues relating to women in cinema and suggesting solutions for implementation.
Purpose for the Formation of the Hema Committee
The Committee was formed because of the 2017 incident, the members of the WCC stated that this was not the only incident which took place, but this was the only incident which was reported. According to the members of the WCC there have been many such incidents in the history of the entertainment industry, but those have been set at rest due to numerous reasons. As a result, the WCC has requested that the Government of Kerala form a committee and take appropriate action to address these issues and bring justice to victims of similar incidents.
The reasons for the requirement of an enquiry committee were multiple; some of them are gender bias, no mechanism to prevent sexual harassment, lack of safety and security at work place, absence of internal complaint cells and many more. The absence of safety at workplace and the incidents of sexual harassment are a result of the absence; these incidents go unreported to the police, thus was the requirement to form the Committee. Other than safety concerns, the work environment is not cut out to cater to the basic needs of the women workers in the industry, for instance there were no changing rooms, no restrooms and much more.
The strong fort built by the industry has hidden the injustice faced by the women working in the industry; the problems are not only limited to female actors but also junior artists and hair stylists. These distressing happenings have remained unreported for a very long time. Thus the Hema Committee was formed by the Kerala Government in July, 2017. The Committee was directed to submit its report within six months. The Committee’s intention was to study the following with regard to the women in the film industry through its enquiry:
- Identifying and addressing difficulties experienced by women in cinema, including basic requirements and safety concerns.
- Salary and employment conditions for women in the film industry.
- Measures for promoting women’s engagement in every department of the film industry.
- Steps for providing incentives, such as scholarships, to encourage women to pursue technical careers in cinema.
- Ways of conditioning the film industry to support the women in the industry who are unable to work due to pregnancy, child care, or health difficulties.
- Steps that foster gender equality in cinematic material.
- Measures to encourage cinemas in which 30% of women are engaged in production activities.[2]
The Committee submitted a 300 page report which contained a complete documentation of the study on the above areas in December, 2019 and it also contained audio and video evidence to support its findings. The Government was to release the report by the Kerala State Information Commission (SIC) and it was instructed by the SIC that the information should not be withheld except that which is prohibited under the RTI Act; thus, a redacted version of the report was released in August, 2024.
Difficulties faced by the Women working in the Industry
The purpose of study of the Committee could only be made by means of direct evidence from the individuals working in cinema and not on the basis of word of mouth. A public notice was published in the Malayalam daily calling the people who are working in the field of cinema to appear before the Committee and give their statements regarding the issues faced by them in their field of work. The members of the Committee scheduled meetings with the people working in the industry to study the problems of the industry. The following problems were discussed:
Denial of basic human needs:
During shoot periods, very often there were no changing rooms for junior artists and assistants; they had some women among them hold cloth around them so that they could change their clothes. The problem was not only limited to non-availability of changing rooms but also absence of restrooms. Due to the absence of restrooms, the junior artists and assistants faced a lot of health issues and sometimes even during times of emergency they were denied to use the restroom due to its distance from the shooting spot. Female junior artists would often avoid drinking water just to avoid the urge to use the restroom which led to them having complicated health issues. The junior artists had raised this issue to the Association of Malayalam Movie Artists (AMMA) but no action was taken. The suggestion given to solve this problem was to have e-toilets during time of shoot. The solution suggested for changing rooms like a caravan or of that like was denied by the women due to the fear of absence of privacy and the fear that they might be recorded; so it was suggested that a portable room with opaque curtains which could be set up and dismantled easily be made for changing rooms.
Sexual Harassment and Assault:
The Supreme Court’s stated the following in its ruling in the case of Bilkis Yakub Rasool v. Union of India (2024):
“A woman deserves respect howsoever high or low she may be otherwise considered in society or to whatever faith she may follow or any creed she may belong to.”[3]
The women who are working in the industry are highly prone to sexual harassment, unwanted advances, inappropriate comments, coercion and sexual assault. These actions are offences against the human body and are infringement of the fundamental rights of those women. These kinds of actions are rampant and uncontrolled in the Malayalam film industry. The women in sets are not treated with respect and are being subject to sexual assault and harassment directly violating their autonomy. In the report women working in the industry stated that not all men in the industry do such actions, but it is prevalent in the industry. The women who are being subject to assault and harassment are not reporting such incidents because of the horrible repercussions faced; they are trolled online and they are shamed publicly for reporting such incidents. They are not treated with respect even if they choose to report such incidents, these are not the only backlash they are afraid of, they are truly scared for their lives and the lives of their families and they also choose not to share such incidents even with their families. The Committee had conducted meetings with the old and new generations of women in the film industry and on inquiry of instances of sexual harassment and assault, it was confirmed that such happenings were very prevalent and that there was no redressal provided. Due to absence of safety and security, some of the artists and assistants take their parents or members of their families with them.
Issues of ‘Casting Couch’, ‘Compromise’ and ‘Adjustment’:
The meaning for the terms ‘Casting Couch’, ‘Compromise’ and ‘Adjustment’ is the woman who is seeking for a role in cinema must be available for sex on demand to any person which includes director, actor, producer or any male with a dominant position who can determine the casting of the woman. Many women also stated that the female actresses were retained only because of their agreement to compromise and adjust. The newcomers to cinema were exploited with the demand. After the WCC was formed, it served as a safe forum for the women to talk about their experiences. During the course of meetings conducted by the Committee there was much evidence produced in the form of videos, audio clips, WhatsApp chats. With the given evidence, the Committee found no reasons to disbelieve the allegations of compromise, adjustment and casting couch. Fake advertisements served as another instrument for making and demanding sexual favors from newcomers who want to make entry into the film industry.
Ban in Cinema:
It was stated by many during their meeting with the Committee members that a power group consisting of very influential people in the Malayalam film industry existed and if anyone offended them, they would ban that person through unauthorized and illegal means. The Film Chambers of Commerce had its prominence and it led to the formation of the AMMA to fight against the injustice. Steadily, AMMA gained power to fight against the injustice of illegal ban from cinema which was unconstitutional. Through the meetings held by the Committee, it was sure that the members of the WCC were banned by unauthorized means. Due to the practice of ban from cinema, a director filed a case before the Competition Commission of India (CCI). An order was given by the CCI in which it held the President and Secretary of the AMMA and the President and Secretary of the Film Employees Federation of Kerala (FEFKA) and the President and Secretary of the Production Executive Union liable for creating anti-competitive practices. Penalties were imposed and the associations were ordered to cease and desist from indulging in such practices. The Committee was satisfied that such illegal practices were happening without any reason which was held to be a violation of the fundamental rights.
Problems Faced by Hairstylists:
The union had certain rules according to which the hairstylists would get to work in the industry only if they are a member of the union and there was a minimum age set for acquiring the membership which was deemed to be unconstitutional and violative of their fundamental rights. The hairstylists had also stated that the make-up men would harass them and they had to suffer without reporting it. The illegalities committed by the union had to be suffered by the hairstylists in silence as their jobs are at stake.
Struggles Faced by Junior Artists:
Junior artists are not recognized as actors as well as technicians and thus are not members of AMMA or FEFKA, thus they are not members of any association. They are not even considered to be a part of the industry but without any of those junior artists, there can be no cinema. Though no film can be made without them, they are not given the credit they deserve and are subject to inhuman treatment. If they try to question the injustice, they are denied their work. They are not paid their wages even after the shoot gets over because of the misappropriation of money by the intermediaries; no proper accounting and auditing of the money taken to arrange for the junior artists was done. The female junior artists were exploited for sexual favors not only in the workplace but also by fake persons who run unregistered associations. The transport and accommodation of the junior artists were not taken care of by the co-ordinators; even in case of medical emergencies at the place of the shoot no treatment or care was given. The junior artists highlighted the absence of government machinery to control the film industry. The remedy recommended was to introduce an Identity Card system and the registration of associations so that the fake associations will not take advantage of the junior artists.
Non-Applicability of the POSH Act to the Sexual Offences Against Women
Sexual harassment and assault are punishable offences as they violate the autonomy of a woman. The Protection of Women from Sexual Harassment (POSH) Act, 2013 is an important legislation which penalises sexual offences against women at workplaces; though it is applicable in cases of sexual harassment in any place during the film shooting periods, the concept of ‘Casting Couch’, ‘Adjustment’ and ‘Compromise’ prevail even before the woman is employed. An important distinction was made from the field of cinema and the other professional fields in the report. In the film industry, before a woman enters the industry itself she faces such demands for compromise or adjustment whereas in any other industry, the means of entering into that field of job is through interviews and tests. In the film industry sexual demand is a precondition to enter into the field of acting, while in other jobs proof of ability is enough to enter into that profession. Due to this existence of precondition of sexual demand there is a difference between the entertainment field and other professional spheres; before the employer-employee relationship is created itself a sexual demand is made in the film industry which is not so in other professions. So, it was concluded in the report that the POSH Act is not the right legislation which can provide proper justice to the women.The Hema Committee report suggested that the only remedy to the various issues faced by women in cinema is enacting an appropriate statute and making an attempt to constitute a Tribunal under the said statute. The statute that was suggested by the Committee in its report was titled “The Kerala Cine Employers and Employee (Regulation) Act, 2020”. The report also suggested that the creation of such legislation would extend protections to women across various sectors of the entertainment industry; the said enactment would ensure fair working conditions, a safe and healthy work environment, effective mechanisms to prevent and address harassment, mandating toilets, changing rooms, and transportation for women on film sets. A separate petition has also been filed by Advocate T.B. Mini seeks immediate implementation of the Justice Hema Committee Report’s recommendations.[4]
Gender Bias and Discrimination
The practices in the Malayalam Film Industry are highly discriminatory and disrespectful towards women. Such practices violate the fundamental rights those women have according to the Constitution of India; it is a direct violation of Article 14, 19 and 21. The women are discriminated in the entertainment field even before they enter that field of work, they are denied their freedom of speech to speak up against the injustices and they are deprived of their fundamental rights. The United Nations had designed the Sustainable Development Goals (SDG) to end social issues and one among them was gender discrimination against women and girls. India being a member of the UN has agreed to this, thus the practices followed in the Malayalam Film Industry is also violative of the Sustainable Development Goal 5 which aims to achieve gender equality. So, in order to achieve the SDGs and not to violate the fundamental rights guaranteed in the Constitution, the discrimination must be eliminated in the Malayalam entertainment industry.
The issues which have been discovered in the Malayalam Film Industry are not only limited to it but to other film industries too; it is required that the issues in the other film industries also be brought to light. The practices are impertinent towards the women who are not only working in the industry but also those who are willing to work in the industry. The intolerable behavior towards women is discriminatory and violative of the Indian Constitution and the Sustainable Development Goal devised by the UN which is an international body to which India is a member. In order for the nation to develop, the implementations recommended by the Committee should be carried out in a proper manner so that it will take its effect as soon as possible. Only by way of progress in the right path such gender discrimination can be eliminated and women can actually be empowered to work in a field they want without any restriction or fear of any precondition. The necessities demanded by the women are reasonable and just, thus appropriate measures are to be taken to provide them with their entitlements.
[1] BrainyQuote, https://www.brainyquote.com/quotes/karrine_steffans_526471 , ( last visited October 17, 2024).
[2] Bindu Ammini and Kush Ambedkarwadi, The Hema Committee Report And The Rot Within The Malayalam Film Industry, Outlook, (October 18, 2024, 8:12 AM), https://www.outlookindia.com/national/the-hema-commission-report-and-the-rot-within-the-malayalam-film-industry .
[3] Ananya Singh, Kerala HC Criticises Government Silence on Hema Committee Report, Denies Anticipatory Bail to Actor Siddique in Rape Case, LawBeat, (October 18, 2024, 8:39 AM), https://lawbeat.in/news-updates/kerala-hc-criticises-government-silence-hema-committee-report-denies-anticipatory-bail .
[4] Ananya Singh, Kerala HC Warns Media Against Misreporting on Justice Hema Committee Report; Calls for New Law to Protect Women in Entertainment Industry, LawBeat, (October 22, 2024, 6:56 PM), https://lawbeat.in/news-updates/kerala-hc-warns-media-against-misreporting-justice-hema-committee-report-calls-new-law .
Author: Maghavatpriya H G
Juris Centre 