• Recently, the Hema committee report on the Malayalam film industry was released. It has revealed alarming instances of sexual abuse, gender discrimination, and inhuman treatment of women in the Malayalam film industry.
• It 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.

Reasons for Delay in the Release of the Report

• Lack of Legal Basis: The state government delayed the report’s release for three years, claiming the commission was not established under the Commissions of Inquiry Act, 1952.
• Confidentiality Concerns: Despite requests from the Women in Cinema Collective (WCC) and other organizations, the government refused to release the report, citing concerns about violating the confidentiality of respondents.

Issues

• Prevalence of Sexual Harassment: The report reveals a pervasive culture of sexual harassment in the Malayalam film industry, including the existence of the casting couch, vulgar comments, and instances where male co-actors would force themselves into the rooms of female colleagues.

• Fear of Retribution: Many women in the industry do not report sexual harassment due to fear of retribution. The report notes that this fear is well-founded, with women also facing cyber harassment from fan clubs as a form of intimidation.

• Influence of a Male-Dominated Mafia: The report highlights the existence of an all-male “mafia” of influential actors and producers who control the industry, wielding their power with impunity and suppressing any opposition.

• Lack of Basic Facilities for Women: The report points out the inadequate facilities for women on film sets, such as the lack of proper toilets and changing rooms, which exposes women to health risks like urinary tract infections.

• Gender Pay Disparity: The report attributes the gender pay gap in the industry to the absence of written contracts, which disproportionately affects women.

Legal Framework to Address Sexual Exploitation in the Film Industry

• Indian Penal Code, 1860 (now replaced as Bharatiya Nyaya Sanhita): Sections 354 (assault or criminal force to woman with intent to outrage her modesty), 354A (sexual harassment) and 509 (word, gesture, or act intended to insult the modesty of a woman) deal with sexual offences.
• Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013: This law mandates the establishment of Internal Complaints Committees (ICC) in workplaces to address complaints of sexual harassment.
• Information Technology (IT) Act, 2000: IT Act addresses the publication and transmission of obscene material in electronic form, which can include digital content in films.
• Protection of Children from Sexual Offenses (POCSO) Act, 2012: This act specifically protects children from sexual exploitation and abuse, including in the context of films.
• Immoral Traffic (Prevention) Act, 1956 (ITPA): This act aims to prevent trafficking for commercial sexual exploitation.

Recommendations of the Report

• Internal Complaints Committee (ICC): It proposed the mandatory establishment of the Internal Complaints Committee (ICC) under the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013.
• It should include members from Film Employees Federation of Kerala (FEFKA) and Association of Malayalam Movie Artists (AMMA).
• Independent Tribunal Proposal: Some members advocated for an independent tribunal to handle cases of harassment and discrimination in the cinema industry.
• The report also advocated in-camera proceedings at the tribunal to ensure complete privacy, with names being withheld from media reports.
• Written Contracts: Signing written contracts to protect the interest of all those who work in cinema should be made mandatory for all categories of employees including coordinators of junior artists.
• Gender Awareness Training Program: It should be made mandatory that all cast and crew attend a basic gender awareness training program before starting the production work.
• Training materials could be made in both Malayalam and English and can be made available online.
• Women in Producer Role: There should be adequate and timely budgetary support to incentivize movies that are predicated on gender justice both thematically and in the production process.
• A single-window system should be established to provide loans at nominal interest rates for movies produced by women (not by proxies of men) and to streamline permissions for shooting. This will simplify production and encourage more women to enter the film industry.