The redacted version of the Hema Committee report on workplace harassment in the Malayalam film industry recommends establishing a tribunal to address grievances in the industry. The report, which was released to RTI applicants on Monday, August 19, had Justice K Hema, who chaired the committee, and KB Valsalakumari recommend establishing a tribunal with the powers of a civil court.
Justice Hema, actor T Sarada, and retired IAS officer KB Valsalakumari, who made up the committee, provided their recommendations separately after listening to various grievances from women in the Malayalam film industry. Some of the recommendations seemed oddly obvious, such as Justice Hema's suggestion that no one should "torture women" for refusing sexual advances or "harass women in cinema." Justice Hema also recommended penalties for those who failed to comply with these guidelines.
The committee noted that the POSH Act could not be fully applied in this context, as it primarily addressed workplace harassment. In the Malayalam film industry, "the harassment often begins even before a woman is offered a job in cinema. An opportunity in the industry is frequently accompanied by demands for sex. Women are often pressured to share a bed with certain individuals in exchange for a chance to work in cinema," the report stated.
Given this, the committee recommended a completely different statute with provisions tailored to the unique challenges of the industry. They proposed the statute be titled "The Kerala Cine Employers and Employees (Regulation) Act, 2020." The recommended statute suggested establishing a tribunal headed by a retired district judge, preferably a woman. This tribunal would not have the authority to handle criminal cases or sexual offences involving minors but would function as a civil court. The report also advocated in-camera proceedings at the tribunal to ensure complete privacy, with names being withheld from media reports.
“There must be a government authority to prevent illegality and correct the injustices faced by individuals in the cinema industry," Justice Hema stated while discussing the unofficial banning of artists from films.
She emphasised that the only solution to the numerous challenges women face in the industry was to enact an appropriate statute and establish a tribunal under this statute.
Currently, there are five acts applicable to the film industry in Kerala. They are:
The Cinematograph Act, 1952, The Cinemas (Regulation) Act, 1958, The Cine Workers and Cinema Theatre Workers (Regulation) Act, 1981, The Cine Workers Welfare Cess Act, 1981 and The Cine Workers Welfare Fund Act, 1981.
Justice Hema also recommended that the government establish an authority where individuals could register as film producers, with only registered producers allowed to make casting calls. Online harassment of women, particularly through fan clubs and other platforms, should be addressed. The committee highlighted issues such as producers taking actors to their residences with the promise of roles, banning artists, and denying basic facilities like toilets, food, and changing rooms.
Member Sarada, an actor, didn’t make many recommendations; she strongly opposed equal wages for women and criticised women working in the technical side of the cinema industry, as well as their clothing choices. She made only one recommendation, stating, "A welfare fund should be created for cine artists and technical professionals, with donations to this fund being exempt from income tax. This fund should primarily support elderly and impoverished artists who are unemployed and facing significant financial hardships."
KB Valsalakumari primarily recommended that all artists should have written contracts, which should include provisions for the specific needs of female cast and crew, such as safe toilets, accommodation, and secure travel. She also recommended that all film crews undergo mandatory online basic gender awareness training, stating, "No person who has not completed this training should be eligible to work in the film industry." Other recommendations include banning alcohol and drugs in workspaces, ensuring equal pay for male and female lead characters, and establishing fixed minimum wages for junior artists.
Additionally, she suggested creating a tribunal to handle grievances within the film industry. She emphasised the need for a comprehensive film policy that covers all aspects of film production, distribution, and exhibition, with a special focus on gender equity. The policy should aim to encourage new talent, both artists and technicians, promote human resources development and capacity building, and create new job opportunities for women in the film sector.
KB Valsalakumari also recommended government reservations and scholarships for women in film institutes. She proposed creating a welfare fund for women who have to take time off work due to childbirth, childcare, or physical disabilities. Furthermore, she suggested that all movies should display disclaimers stating, "No dialogue or situation glorifying gender injustice has been used in this movie," similar to alcohol and smoking disclaimers.