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Justice Hema Committee Report

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 13-Sep-2024

Source: The Hindu 

Why in News?

In a groundbreaking move, the Government of Kerala constituted a three membered Expert Committee to study and report on various issues faced by women in the cinema industry. This initiative, the first of its kind in India, was led by Justice K. Hema, a former judge of the High Court of Kerala.  

What is the Background of Justice Hema Committe? 

  • Committee Formation 
    • The committee was formed in response to a petition submitted by the Women in Cinema Collective (WCC) to the Chief Minister of Kerala, Sri Pinarayi Vijayan
    • The WCC, established in May 2017, sought to address numerous concerns affecting women in the Malayalam film industry. 
    • The Justice Hema Committee submitted its report to the State Government in December 2019; however, it was released on 19th August 2024. 
  • Committee Members 
    The committee comprised three distinguished members: 
    • Justice K. Hema (Chairperson) - Former Judge, High Court of Kerala 
    • Smt. T. Sarada - One Artist 
    • Smt. K.B. Valsalakumari - Principal Secretary (Retd), Government of Kerala 

What were the Terms of Reference of Justice Hema Committee Report?  

The government issued specific Terms of Reference (TOR) for the committee's study. The main aspects to be examined included: 

  • Issues faced by women in cinema, including security concerns, and potential solutions 
  • Service conditions and remuneration for women in cinema 
  • Measures to enhance women's participation in all fields connected to cinema 
  • Strategies to bring more women into the technical side of cinema 
  • Support systems for women during periods of work absence due to childbirth, childcare, or health issues 
  • Ensuring gender equality in cinema content 
  • Encouraging productions with at least 30% women engagement in production activities 

What were the Key Issues Identified? 

The committee identified several critical issues faced by women in the Malayalam film industry: 

  • Sexual Harassment and Abuse 
    • Sexual demands made to women for entry into cinema and for securing roles. 
    • Sexual harassment, abuse, and assault at the workplace, during transportation, and in accommodations. 
  • Workplace Environment and Safety 
    • Violation of human rights by failing to provide basic facilities like toilets and changing rooms on sets. 
    • Lack of safety and security in cinema, accommodations, and transportation. 
  • Power Dynamics and Discrimination 
    • Unauthorized and illegal banning of individuals working in cinema. 
    • Silencing of women under the threat of being banned from work. 
    • Male domination in the industry, gender bias, and discrimination. 
    • Disparity in remuneration between men and women. 
  • Professional Challenges 
    • Gross indiscipline in the cinema industry, including the consumption of alcohol, drug use, and disorderly conduct. 
    • Non-execution of written contracts between employers and employees. 
    • Failure to pay agreed-upon remuneration. 
    • Resistance to allowing women into technical roles and providing them with opportunities. 
  • Legal and Awareness Issues 
    • Online harassment (cyber-attacks). 
    • Lack of legal awareness among women about their rights. 
    • Absence of any legally constituted authority to redress grievances. 

What is the View of Justice Hema Committee on Internal Complaints Committee (ICC)?  

Internal Complaint Committee:

  • The Women in Cinema Collective (WCC) filed a writ petition seeking directions to constitute an ICC in every production unit and within the Association of Malayalam Movie Artists (AMMA). 
  • AMMA argued that it is not an employer and, therefore, not obligated to form an ICC. 
  • The committee found that forming an ICC within the industry might not be effective due to the power dynamics and potential for intimidation. 

Establishment of Independent Forum:

  • The establishment of an independent forum constituted by the government, as per statute, to address the issues faced by women in cinema. 
  • The report emphasizes that only through such an independent body can women be liberated from the systemic issues in the Malayalam film industry.  

What were the Observations by Smt. T. Sarada? 

Smt. T. Sarada, a member of the committee, raised further concerns based on evidence provided by women in the industry: 

  • Sexual Harassment:  
    • Sexual harassment has been a persistent issue in the industry. While it existed in the past, societal changes and the influence of Western culture have made such behaviors more visible. 
    • The committee noted that women now face "knocks on their doors" at night, and that the so-called "casting couch" has always existed but is now spoken about more openly. 
  • Ban:  
    • The threat of an unofficial ban existed in the past but was rarely implemented.
    • However, today, women who speak out or demand higher remuneration are often avoided and excluded from films.  
  • Lack of Contract:  
    • Many women do not receive proper remuneration due to the absence of contracts. A contract would ensure that producers are bound to pay what is agreed upon. 
  • Prevalence of Alcohol and Drugs:  
    • The use of drugs and alcohol is rampant among the younger generation in the film industry, contributing to workplace indiscipline. 
  • Unsafe Accommodation:  
    • Women are often provided with unsafe and unsuitable accommodation, which affects their performance. The committee recommended that women be accommodated together, in safe environments, without isolation. 
  • Equal Remuneration:  
    • Smt. T. Sarada disagreed with the demand for equal remuneration, stating that audience demand for women is not the same as for men in films. 
  • Workplace Definition:  
    • Only indoor studios and outdoor locations should be defined as the workplace in the film industry. 
  • Cyberattacks:  
    • The government should take strong action against cyberattacks, which ruin the careers of women and men in the industry. 
  • Age Bar for Makeup Artists:  
    • Smt. Sarada questioned the age bar for makeup women and why they are not issued job cards. 
  • Gender Discrimination:  
    • Women producers face insults and abuse from actors and directors, solely due to their gender. 

What were the Recommendations for Gender Justice in Film Content? 

To achieve gender justice in the content of movies, the following measures were noted by Smt. K.B. Valsalakumari: 

  • Enhance the Visibility of Women and Girls On-Screen 
    • Women and girls should be prominently visible on-screen, reflecting their representation in society. The study, conducted in collaboration with the Motion Picture Association of America (MPAA), revealed that: 
      • India, for instance, has only 24.9% of female characters in leading or co-leading roles. 
      • Countries like Korea, Japan, and China have higher representation rates compared to India. 
  • Characterization of Women in Positions of Power 
    • It is essential to portray women in positions of authority—politicians, judges, scientists, businesswomen, IAS/IPS officers, ambassadors, pilots, and journalists—to inspire young girls and showcase diverse role models.  
    • By depicting women in these roles, content creators can help break traditional gender barriers. 
  • Gender Awareness Training Programs 
    • Gender awareness training should be mandatory for everyone involved in movie-making—producers, directors, content writers, actors, technicians, and even drivers and junior artists.  
    • This training will help dismantle the long-standing monopoly of power enjoyed by men and encourage a re-imagination of gender roles.  
  • Redefining Masculinity and Femininity 
    • Films often portray masculinity as synonymous with violence, aggression, and brutality, while femininity is depicted as passive and submissive.  
    • A new genre of films should emerge, showcasing masculinity as caring, just, and compassionate.  
  • Certification of Gender Justice 
    • Similar to the certification process used for films involving animals, every movie should display a certificate stating that no dialogue or situation in the film glorifies gender injustice.  
    • This will ensure that films promote fair representation and discourage harmful stereotypes.