The Report of the Expert Committee constituted by the government of Kerala on various issues faced by women in cinema

  • Posted on October 3, 2024
Expert Committee Constituted

By Vikrant Rana, Anuradha Gandhi and Isha Sharma

Introduction

The sky is full of mysteries; with the twinkling stars and the beautiful moon. But scientific investigation revealed that stars do not twinkle nor does the moon look beautiful. The study therefore, cautions: ‘Do not trust what you see, even salt looks like sugar’!

By Hon’ble Ms. Justice K. Hema, Former Judge, High Court of Kerala

Hon’ble Ms. Justice Hema Kohli, has served as a sitting judge of the Supreme Court of India for a period of three years and had contributed significantly to the discourse on various legal matters, including the critical issue of sexual harassment faced by women in Film Industry.

The Report of the Expert Committee constituted by the government of Kerala on various issues faced by women in cinema [hereinafter referred to as the ‘Committee Report’] reveals that glamour of the Industry is just an exterior glitter but, hovering over the same are, dark clouds of distress and endured agony, kept hidden from the outer world.

In order to address these issues, the Government of Kerala came forward by appointing a Committee to study the various issues faced by women in film industry, their working atmosphere and also to suggest solutions to the same. It was for the first time that a Government of India ventured upon this type of an initiative and constituted a Committee with a High Court Judge, a Bureaucrat (both retired) and a Senior Cine artist, to make a study on the issues relating to women in cinema and suggest solutions.

Formation of the Hema Committee

This happened when a group of women working in Malayalam cinema joined together in May 2017 and formed an organisation known as, “Women in Cinema Collective” (WCC) and met Hon’ble Chief Minister of Kerala, Sri. Pinarayi Vijayan and submitted a petition seeking a number of reliefs. According to the members of WCC this was not the only incident in the history of cinema, but this is the only one incident which is reported. According to WCC, women are being silenced in the film industry, on the ground that prestige of the film industry needs to be upheld, etc. They have therefore, requested the government to constitute an expert committee to study the issues relating to cinema and take appropriate measures to ensure justice to the women who suffer in the film industry on account of various reasons: gender bias, absence of internal complaints cell, no mechanism to prevent sexual harassment, lack of safety and security at workplace, etc.

The Hon’ble Chief Minister responded positively to the request of WCC and this Committee was constituted by the government.

Objectives of the Hema Committee

The Committee seeks to address the following aspects relating to women in cinema, including:

  1. Issues faced by women in cinema (like security etc.) and solutions to the problems;
  2. Service conditions and remuneration for women in cinema;
  3. Measures to enhance participation of women in all fields connected to cinema;
  4. How to bring more women into the technical side of cinema, by giving concessions including scholarships etc;
  5. How to help women in cinema when they have to remain out of work due to delivery, child care or other health issues;
  6. How to ensure gender equality in the content of cinema;
  7. How to encourage cinemas in which 30% of women are engaged in production activities

Methodology

In order to analysis the report into the issues faced by women in cinema and to find solutions, the Committee adopted the following methods:

  • A detailed questionnaire was prepared and sent to the members of the WCC belonging to different categories, including artist, director, producer, scriptwriter, cinematographer, hairstylist, academician, etc. requesting them to furnish their answers to the questions put up, concealing their identity to encourage them for disclosing all relevant details without hesitation.
  • On consideration of the nature of answers given by WCC members, two separate meetings were held with them. The participants were having vast experience in film industry in their respective fields including actresses/artists, directors, cinematographers, assistant directors, associate directors, executive producer, line producer, hairstylist, costume designer and make-up artists. During the meeting, the participants disclosed various issues being faced in film industry, in different capacity such as lack of contract being executed between the employer and employee; failure to get even the consented remuneration; non-availability of toilet facilities and changing rooms on the set; lack of safety and security for accommodation; transportation in connection with the employment; sexual harassment; etc.
  • Call was also held with few members individually and their statements were recorded to obtain direct evidence relating to issues faced by women in cinema and also to collect documentary evidence from them.
  • The Committee decided that the report shall be founded on direct evidence and not on hearsay.
  • Necessary documents were also procured through various sources and persons other than witnesses who gave their statements through email, internet, etc.
  • Absolute privacy and confidentiality was ensured during the proceedings and meetings held.
  • Due care was taken to avoid publicity as it could adversely affect the task which was entrusted upon the Committee and hence it was strictly avoided.
  • The names and other details of both men and women who gave answers to the questionnaire were struck off for preventing their disclosure of identity. This was done to protect the interests and welfare of both men and women and the industry itself.
  • The Committee seeks to maintain utmost confidentiality, by not disclosing any information regarding the proceedings or any information or statements related thereto with the media or public press to avoid controversies, media publicity or online harassment.
  • The Committee attempted to contact various categories of women and men working in cinema, such as dancers, junior artists, etc. who were reluctant to not speak due to the fear that any leaking of the information given by them could adversely affect their future chances in cinema.

Issues faced by Women in Cinema generally

On consideration of the statements of all the witnesses (including most prominent men and women in the industry), documents procured, audio clips, video clips and also documentary evidence procured through witnesses and various other sources collected, the Committee listed out the issues faced by women in cinema generally, which includes the following:

  1. Sexual demands made to women for the very entry into cinema and for getting chances to work in cinema;
  2. Sexual harassment, abuse, assault against women at workplace, transportation, places of accommodation, etc.
  3. Torture of women, if they express their unwillingness to sexual demands;
  4. Violation of human rights of women in cinema by not providing basic facilities like toilets and changing room on the set of cinema;
  5. Lack of safety, security in cinema, in accommodation, transportation, etc. ;
  6. Unauthorized and illegal banning of individuals working in cinema in different categories;
  7. Silencing of women under threat of ban from work in cinema;
  8. Male domination in industry, gender bias, gender discrimination;
  9. Gross indiscipline in cinema-consumption of alcohol, use of drugs, disorderly conduct/misbehavior at workplace;
  10. Making of demeaning and vulgar comments at workplace, over phone etc.;
  11. Non-execution of contract in writing between employers and employees, to suit individual requirements;
  12. Failure to pay even consented remuneration;
  13. Disparity of remuneration between man and woman and gender discrimination in remuneration;
  14. Resistance/reluctance to allow women into cinema especially on technical side and lack of opportunity
  15. Online harassment (cyber-attack);
  16. Lack of legal awareness of women about their own rights;
  17. Absence of any legally constituted authority to redress the grievances.

 

Sexual Harassment in Film Industry

In light of the evidence collected, it was found that the major issue being faced by women in film industry is ‘sexual harassment’. It is the worst evil which women in cinema face.

The Committee further noticed in the beginning that girls/women were very hesitant to divulge their experiences about sexual harassment for reason being not merely womanly embarrassment but the fear that they will be harmed by the perpetrators, in case the information reaches their ears.

The statements so collected reflected that ever since the industry originated, there were problems in the industry. One of the witnesses from old generation stated that women in cinema have a lot of problems, but the major is lack of authority to redress the grievances of women.

According to women in cinema, the harassment starts from the very inception. It is revealed that production controller or whoever gives an offer for role in cinema first approaches the woman/girl or if it is the other way and, a woman approaches any person in cinema seeking a chance, she is told that she has to make “adjustments” and “compromise” to take her in cinema.

These two terms “adjustments and compromise” are very familiar among women in Malayalam film industry and thereby, they are asked to make herself available for sex on demand. Many in the industry are made to believe that all women in the industry get into the industry or are retained only because they had sex with men in the industry. This impression is created by none other than people within the industry itself, to persuade new corners for surrendering to demands for sex. There have been occasions where such an idea is convincingly conveyed to the aspirants and certain women/girl/newcomers are exploited and by the time they realize that they have been trapped, it is too late. It has come out in evidence before the Committee that there is a general assumption and misunderstanding in cinema that women come to cinema only for the purpose of making money and that they would surrender to anything. This belief of new comers especially, had led them to be victims of sexual exploitation.

“According to women in cinema, it is a sad state of affair that a woman has to surrender to sexual demands for her to get a job in cinema whereas there is no such state of affair in any other field, it was pointed out by many witnesses who are examined before the Committee.”

It was further stated before the Committee that majority of men working in industry itself think that the women who are willing to act intimate scenes in cinema will also be willing to do the same off-set also. Therefore, men in industry make open demand for sex, without any embarrassment. Even if women are not interested in having any sexual contact with them, demands are made for sex, by offering to give more chances in cinema notwithstanding their resentment and objection to such demands.

Considering the aforementioned statements made by many, the Committee had no reason to disbelieve what was stated before them regarding sexual harassment issues faced by women from their very entry into the cinema.

How does sexual harassment in cinema different from other fields?

In the ongoing discussions around sexual harassment in cinema, several men from the industry argued before the Committee that such issues are not unique to cinema but are prevalent across various fields. They suggested that sexual harassment in the film industry should not be disproportionately highlighted. However, many women in cinema strongly disagreed, pointing out key differences between the sexual harassment faced in the film industry and in other professions.

According to many women, sexual harassment often begins even before a woman officially enters the film industry. They report that just to gain entry or secure a job, be it in acting or any other role, women are frequently approached by individuals from the industry demanding sexual favours in exchange for opportunities. Unlike other professions, where merit is determined through tests or interviews, in cinema, women are expected to submit to sexual demands from the outset. Many witnesses noted that this is not a requirement in other fields, where a candidate’s skills and qualifications are the sole criteria for employment.

The women also highlighted the unsafe environment which they face in the film industry i.e., their workplace which forces many of them to avoid going to work alone. They often feel the need to be accompanied by their parents or close relatives due to the persistent sexual advances they encounter. Numerous witnesses described instances of men, often intoxicated, knocking on their hostel doors, adding to the hostile and unsafe working environment.

This stands in stark contrast to women in other professions- be it teachers, doctors, clerks, engineers, etc. who do not face such conditions. In these fields, merit and professional ability are the only factors that determine a woman’s entry and success, without the fear of sexual exploitation. Women in cinema, however, face a constant and pervasive culture of sexual harassment, where sexual favours are often seen as a prerequisite for professional opportunities. This toxic environment has left many women apprehensive about entering the industry or going to work unaccompanied, emphasizing the undue importance placed on sex by certain individuals in cinema.

In summary, while sexual harassment exists across professions, the prevalence of the ‘casting couch’ culture in cinema/film industry makes it uniquely unsafe for women. The pressure to comply with sexual demands as a condition for employment sets the film industry apart from others, posing significant challenges to women seeking to build their careers in this space.

The Silence of Women in Cinema: Why many choose not to report Sexual Harassment?

Even though acts of sexual harassment and assault committed against women in the cinema industry fall under various provisions of the Indian Penal Code and the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (also known as the POSH Act), many women in cinema choose to remain silent. Despite the legal protections, they fear the serious consequences that may follow if they file a formal complaint.

The reality is that these women, often in the public eye, are particularly vulnerable to a barrage of additional challenges- both legal and social-as compared to ordinary women.

Some men in the industry, when questioned by the Committee, have remarked, If the situation is so bad, why don’t these women go to the police? This simplistic viewpoint fails to acknowledge a deeper societal issue. Women, in general, are hesitant to approach law enforcement in cases of sexual harassment, for a variety of reasons- ranging from fear of public shame to concerns about personal safety. For women in cinema, these fears are compounded by the fact that they are public figures, making them targets for harassment not only in real life but also online. Many public figures experience cyberattacks that amplify their trauma, subjecting them to vulgar comments, pornographic images, and an onslaught of sexual abuse that is often too complex to handle.

Moreover, many witnesses had testified to grave risks they face when they attempt to seek justice. If they bring the matter before the police or the courts, they often encounter threats to their lives or those of their family members or close relatives. The unpredictability of these threats leaves victims feeling paralyzed, unable to open up even to the authorities.

Proposed Recommendations of the Committee

Post carefully considering the statements from various individuals in the Malayalam film industry-both men and women-and reviewing the documents produced by witnesses and sourced by the Committee, it has become evident that the current legal framework is inadequate to address the unique challenges faced by women in cinema. The Committee, understanding the working environment in the film industry and how it operates today, concluded that the only viable solution to the issues women face in this sector is to enact a specific statute and establish a Tribunal dedicated to addressing their concerns.

Currently, there are numerous statutes governining the film industry in Kerala, namely the Cinematograph Act 1952; Cinemas (Regulation) Act 1958 (Kerala); Cine Workers and Cinema Theatre Workers (Regulation), 1981; Cine Workers Welfare Cess Act, 1981 and Cine Workers Welfare Fund Act, 1981.

However, upon a thorough examination of these laws, the Committee found that they are insufficient to tackle the modern-day challenges women encounter in this industry. While other laws, such as the Indian Penal Code (IPC), addresses general offenses against women, and the POSH Act provides a framework to combat workplace sexual harassment, they fall short in addressing the realities of the film industry.

One major shortcoming is that the POSH Act specifically targets workplace harassment, but in cinema, women face harassment long before they reach the set or shooting location, even before an employer-employee relationship is established. Many women experience abuse, sexual harassment and assault during the early stages of their careers, such as auditions or casting calls, before they formally enter the workplace. Given this gap, the Committee strongly recommended the creation of a new, industry-specific statute. This law, tentatively titled ‘The Kerala Cine Employers and Employees (Regulation) Act 2020’ would include provisions that directly address the various forms of sexual abuse and harassment that women in cinema face. It would also impose penalties on perpetrators, including fines or compensation for victims. The primary aim of this new statute would be to prohibit and penalize all forms of illegal and objectionable acts committed against women in the Malayalam film industry, ensuring a safer and more equitable working environment.

Some of the illegal and objectionable acts has been listed below:

  • No person shall cause any publication through social media or internet or any other mode, calling any person for audition or for other selection process for admitting entry of such person to film industry, unless he registers as a producer before an appropriate authority;
  • No person shall offend or create any nuisance to any woman, ignoring her resentment by sending or circulating any message or voice clips, video clips to such woman, through any social media, WhatsApp or by any other mode;
  • No person shall compel, persuade or influence any woman to go to any place as stated by him, on the false promise to give her any chance to work in cinema;
  • No producer shall provide any accommodation or transportation which is unsafe and insecure to a woman in cinema;
  • No producer shall deny to any woman in cinema, including junior artists, basic facilities such as toilets, changing rooms, food or water on the set;
  • No person shall torture any woman in cinema by an act for the reason that she expressed her resentment to the physical advances made by him towards her and/or that she did not oblige him by sexual favours on the sexual demands made;
  • No person on the set shall intentionally make any demeaning comment, whether vulgar or not, or with double meaning to any woman in cinema or in the presence of any woman, which he knows is likely to offend or embarrass such woman;
  • No person shall harass a woman in cinema by inviting her to share his bed with him;

The aforementioned provisions are not exhaustive. The Committee recommended that these provisions may be taken merely as a guiding factor and may add any other provision as the government may deem fit.

Conclusion:

The concerns raised in the report, along with the proposed suggestions, are not intended to single out or shame any individual. Instead, they represent a sincere effort to uplift the film industry, making it a more viable and respectable career choice for aspiring artists and technicians, both men and women.

 “Hopefully film making would become so safe and decent that fathers and mothers can send their daughters (and sons) to the profession of film making with the same confidence and sense of security as sending their children to work in an engineering firm or a college.”