Hema committee report: What is the way forward?

The Hema commission report, which was released on Monday, has proposed enacting a new law and establishing a tribunal specifically designed to address the unique problems faced by women in the film industry.

The report found the Malayalam film industry denies opportunities to women who are not ready to "cooperate" and grant sexual favours. There is a general perception that actresses are here to make money and will therefore share a bed with anyone. It underscored that sexual exploitation is rampant in the Malayalam film industry, and that women are asked to "compromise" in exchange for work.

This has led the commission to understand that none of the five statutes which apply to the Kerala film industry adequately address the contemporary challenges faced by women in the industry. 

The five statues are: Cinematograph Act, 1952; Cinemas (Regulation) Act, 1958 (Kerala); Cine Workers and Cinema Theatre Workers (Regulation) Act, 1981; Workers Welfare Cess Act, 1981; Cine Workers Welfare Fund Act, 1981 The Commission’s report states that although laws such as the Indian Penal Code and the POSH Act address illegal acts and sexual harassment, they do not adequately cover the specific issues faced by women in cinema, especially those occurring prior to their arrival at the workplace.

The commission has proposed:

Formation of a tribunal

• Constitute a tribunal headed by a retired district judge, preferably a woman with at least five years of trial experience.

• The tribunal's decisions should be final, subject only to revision by a division bench of the high court

• The tribunal will have the authority to seek the assistance of experts, including counsellors, mediators, doctors, psychologists, psychiatrists, and legal professionals.

Dispute resolution

• Upon receiving a complaint, the tribunal will first attempt to resolve the issue through settlement, counselling, conciliation, or mediation.

• Complainants may still pursue redress through other legal avenues if they choose.

Investigation and confidentiality

• The tribunal may appoint commissioners to discreetly investigate and gather relevant information.

• Proceedings will be confidential, with details not published in any media. Violations of this confidentiality can result in penalties.

Penalties and protections

• Penalties for breaches of the new statute may include fines and/or bans from working in the industry.

• The tribunal will not have criminal court powers but will function similarly to a civil court for handling disputes.

Employment and workplace conditions

• Producers must ensure basic facilities such as toilets and changing rooms for women on set.

• Producers are prohibited from demanding or accepting sexual favours for job opportunities.

• Producers must provide fair wages and ensure that women are not unfairly excluded or harassed based on age or gender.

Additional provisions

• Producers must register with an appropriate authority before offering roles to women.

• No person shall use social media or other means to harass or make derogatory comments about women in cinema.

• Producers must comply with contractual terms regarding exposure and remuneration.

The proposed statute aims to create a safer and more equitable environment for women in the cinema industry, addressing both pre-employment and workplace issues comprehensively. Further provisions may be added as required by the government, underscored the commission.

The Hema commission under justice K. Hema was constituted to address problems faced by women in the Malayalam film industry following a 2017 sexual assault case involving the actor Dileep. The case, which saw an actress abducted and molested by several accused including Dileep, has been ongoing since then. The report, filed in 2019, was not released earlier owing to its sensitive content.