Context:

Recently, the Justice Hema Committee report was released by the Kerala govt to the common public and it revealed widespread sexual exploitation and rights violations against women in the Malayalam film industry.

About the Committee:

• The report was submitted to the Kerala government five years ago but not made public until recently.

The Justice Hema Committee was formed by the Kerala Government in 2017 based on a petition by the Women in Cinema Collective (WCC) to study the challenges faced by women in the industry.

• A group of women working in the Malayalam film industry came together to form a ‘Women in Cinema Collective’ to support the survivor even as some actors voiced misogynistic views.
• The committee included retired High Court Justice K. Hema, former actress Sharada, and retired IAS officer K.B. Valsala Kumari.
• The Hema Committee report scrutinized gender issues in Malayalam cinema and unveiled disturbing realities within the industry. 
• It highlighted the pervasive control of a powerful lobby, consisting of influential producers, directors, and actors, which perpetuates a culture of silence and abuse. 

Key findings of the report

• The report revealed that sexual harassment is widespread, with many women being subjected to unwanted advances, coercion, and exploitation under the guise of career advancement.
• According to the report, women in cinema are often accompanied by family and close relatives because they don't feel safe staying alone in the accommodation provided to them.
• The committee identified at least 17 forms of exploitation experienced by women working in 30 different categories within the Malayalam film industry.
• The report exposes a troubling culture of sexual exploitation and disregard for women's rights within the industry.
• It highlighted the violation of women's rights through the failure to provide basic amenities, such as toilets and changing rooms on film sets.
• Contracts between employers and women employees are often not formalized in writing, leading to inconsistencies in agreed-upon remuneration.

Internal complaint committee: 

• The POSH Act, 2013 mandates the establishment of committees to support victims of sexual harassment. According to Section 4 of the Act, every organization must form an Internal Complaints Committee (ICC) to handle complaints of sexual harassment and help protect the victims' dignity at work. 
• All institutions are required to have an ICC, and failure to establish one can result in penal liability for the employer.

According to the POSH Act, the ICC is 

• Empowered to initiate the inquiry on the complaint filed against sexual harassment. 
• It has the power to collect the evidence and summon the witnesses. 
• It can also recommend the measures and actions to be taken to try another such case in the future.

• Contracts between employers and female employees are often not written, causing inconsistencies in agreed-upon pay. 
• The report also suggested that setting up an Internal Complaints Committee (ICC), as required by the Sexual Harassment of Women at Workplace Act of 2013, may not be effective.
• Women fear retaliation and are often coerced into not filing complaints.
• The report highlighted that online harassment and cyber-attacks against women are common in the industry. 
• It also mentioned that men have faced significant issues, with some well-known male artists being banned from the industry for long periods due to conflicts with powerful groups.
• In response, the committee noted that some in the industry, including a prominent actor, claimed that women have long adapted to working conditions without complaint. 
• The committee observed that, despite discussions within the Association of Malayalam Movie Artists (AMMA) about addressing these issues, no significant progress has been made, and rights violations persist.

What must be done? 

To address the issues highlighted in the Hema Committee report, the Malayalam film industry should:

• Formalize contracts and ensure basic amenities on film sets.
• Strengthen Internal Complaints Committees (ICCs) and protect against retaliation.
• Conduct regular audits and promote transparency.
• Provide counseling, legal aid, and empowerment programs for affected individuals.
• Implement industry-wide training on gender equality and engage all stakeholders in promoting change.
• The findings of this report urge civil society and industry leaders to urgently address and fix these deep-rooted problems.