The reality of reel life, exploitation as a structural problem

‘Although the Hema Committee report addressed various issues faced by women in local films, these issues transcend these boundaries’ | Photo Credit: Getty Images/iStockphoto

Justice K. Hema Committee ReportIt was released by the Kerala Government on August 19, 2024. sparked a debate The committee on issues faced by women in the Malayalam film industry, formed in 2017, submitted its report to the government in 2019. A revised version of the report has now been put in the public domain. Although it addresses issues faced by women in local films, these issues go beyond these boundaries.

Editorial | Catalyst of change: On the Hema Committee report and the Malayalam film industry

Broadly, the report deals with two kinds of issues. The first is sexual exploitation and assault on women in cinema. The report states that women often have to exchange sexual favours for opportunities and women who refuse to ‘cooperate’ are pushed out of the industry at the behest of powerful men. The second is discriminatory behaviour against women and lack of basic amenities. The report has brought forward a long-pending discussion on the lack of gender equality for women at the workplace. The brutal incident of rape and murder of a doctor at a Kolkata hospital also reinforces the need for this conversation.

Attack culture

The concerns raised in the Hema Committee report are disturbing, yet not surprising. They are an extension of the problems faced by women in a conservative, patriarchal society like ours. Women are burdened with stereotypes and expectations about how they should behave. This is why treating cases of sexual assault on women as isolated incidents is problematic. Viewed this way, rape should not be viewed as a mere crime committed by a bad man, but as the culmination of social practices that treat women’s consent as practically irrelevant. A callous individualistic approach to sexual assault often distracts from this reality. Personal choices are often stolen from women, from what to wear to whether to make friends. Rape is the most brutal manifestation of this approach – women are not treated as persons of autonomy and dignity. Objectification and the normalisation of gender stereotypes play a central role in perpetuating sexual assault against women. According to the National Crime Records Bureau, 31,516 cases of rape were reported in India in 2022 – one rape reported every 16 minutes. Workplace harassment is another reflection of this culture of assault.

In the context of assault at the workplace, Vishaka & Ors vs State of Rajasthan & Ors (1997)A writ petition was filed to enforce the rights of working women against sexual harassment. A series of guidelines were laid down by the Supreme Court of India to prevent harassment at the workplace – a unique type of judicial legislation. These included duties on the employer to prevent assault as well as to constitute a grievance redressal mechanism for aggrieved persons.

After this, it took more than 16 years for the legislature to pass this bill. Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013A notable feature of the Act is that it provides for the formation of an Internal Complaints Committee (ICC), which the aggrieved woman can approach. The definition of ‘workplace’ in Section 2(o) of the Act is wide enough to include the film industry as well.

However, the Justice Hema Committee report indicated that the ICC is not suitable for women in the film industry. It argued that there is a possibility of ICC members being influenced by the abuser or employer. Therefore, the committee advocates an independent forum set up by the government to deal with the problems faced by women in cinema.

However, this is a problem faced by any ICC and is not limited to the industry. While additional safeguards of accountability may help mitigate the problem, the suggestion to completely ignore the complaint redressal mechanism created by parliamentary legislation seems unwise.

Registration of crimes

Many have questioned the lack of registration of crimes as per the committee report. They ask why investigations have not been initiated and why the accused could not be brought to justice. This concern is justified. The report is a redacted version in which the names of the victims and the perpetrators have been removed. The anonymity of the victims has been done in keeping with the principle of anonymity of victims, which is a well-accepted norm in criminal jurisprudence on sexual assault. Anonymity will remain intact even during investigation and prosecution.

In Nipun Saxena v Union of India (2018), the Supreme Court explained the importance of the penalty for disclosure of the name and identity of victims of sexual offences as mandated in Section 228A of the Indian Penal Code, which is now reiterated in Sections 72 and 73 of the Indian Justice Code. Since the provisions are substantially similar, the ratio of the Nipun Saxena judgment will govern this area. In the judgment, the Court said that the provision is intended to protect victims from hostile discrimination and future harassment. This is the law of the land, so the Kerala government should play a proactive role in the matter after sensitising itself on the issue.

The right to privacy is an integral part of the right to life under Article 21 of the Constitution (Puttaswamy, 2017). Many victims gave statements believing that anonymity would be maintained. The right to decide whether to pursue a criminal case lies with the victim. It is true that in our criminal justice system, the state prosecutes the accused, argues on behalf of the victim and conducts the case. However, even if the state investigates the crime, it becomes quite difficult to prove the crime without the cooperation of the victim.

It is important for us to identify why victims of sexual harassment are often reluctant to lodge complaints. A society that views victims of sexual harassment with misguided sympathy and disgust rather than support and belief probably has no moral standing to demand that the victim must necessarily lodge a complaint. We are all collectively responsible for maintaining this status quo. Moreover, sexual harassment cases take many years to be heard, owing to the high degree of judicial pendency in our country. Bear in mind that the Hema Committee was formed following a sexual harassment allegation against a leading Malayalam cinema actor, whose trial has not yet been completed. Victims also fear potential retaliation from the abuser and others in terms of refusing to give them work and being branded as ‘troublemakers’.

structural reforms

The allegations levelled in 2017 against American film producer Harvey Weinstein eventually led to the #MeToo movement, which attracted global attention. The findings in the Hema Committee report should pave the way for structural reforms, with the government taking effective leadership. The difficulties faced by women in the industry, especially those from the lower strata as opposed to lead actresses, must be acknowledged. From lack of adequate sanitation facilities to hostile prejudice, every issue needs to be studied comprehensively and addressed. More importantly, the report will galvanise Indian women’s fight against discrimination at the workplace and equip them with a bold awareness.

Kaliswaram Raj is an advocate at the Supreme Court of India. Tulsi K Raj is an advocate at the Supreme Court of India