Breaking the Cycle of Injustice in the Malayalam Film Industry – PART 1
Unveiling Harassment: The Justice Hema Committee Report and the Fight for Women’s Rights in the Malayalam Film Industry
“In a state where the population of the female has always exceeded that of the male, and the birth population of females has always been higher than the national average, the interests of women cannot be treated as a minority interest, or their rights equated to minority rights.” – DR. A.K.JAYASANKARAN NAMBIAR, J. & C.S. SUDHA, J. Kerala High Court.
The release of the Justice Hema Committee Report highlights the systemic issues of power imbalance, harassment, and the lack of grievance mechanisms faced by mostly women, though not exclusively, in the Malayalam film industry. The report also emphasizes the culture of silence within the industry, which prevents the aggrieved from coming forward due to fears of being blacklisted, harmed, or subjected to online abuse by fan clubs of influential figures. Additionally, it sheds light on the lack of a formal internal committee within the industry, making it challenging for the aggrieved to report incidents safely. This blog explores the key findings of the report, the controversy surrounding its release, and the ongoing struggle for gender justice.
The Delayed Release of the Justice Hema Committee Report
The Justice Hema Committee report, submitted in 2019, faced considerable delays in being released to the public, ultimately being published in 2023. Significantly, 55 pages of the report containing first-hand accounts of sexual harassment were redacted, citing privacy concerns. The redacted sections include descriptions of online harassment, vulgar remarks, threats, and fears of retaliation for speaking out. The report reveals how powerful figures, including superstars, have exploited women within the film industry, creating an environment of fear and reluctance to speak out. It highlights the absence of a proper grievance redressal mechanism and the ongoing culture of silence, which hinders women from coming forward.
Legal Battles and Privacy Concerns
The delay in releasing the report was due to a legal battle over privacy concerns, as a petition sought to prevent the publication of redacted details that might lead to identifying the individuals involved. The Kerala High Court upheld the report’s release, emphasizing the importance of transparency and public interest in promoting government action.
Lack of Legal Awareness
The report also criticizes the vague and changing definitions of “workplace” within the film industry, complicating the implementation of a consistent grievance redressal mechanism. A study conducted by the International Labour Organization (ILO) found that workplace harassment in the entertainment industry is common globally. The ILO’s 2019 report, Eliminating Violence and Harassment in the World of Work, highlighted how informal and temporary work arrangements contribute to the vulnerability of women, as they often lack access to proper grievance redressal mechanisms. Although laws are fundamental tools for facilitating access to justice, awareness of these laws within the film industry is almost non-existent. For example, the Sexual Harassment of Women (Prohibition, Prevention, and Redressal) Act of 2013 (PoSH Law) broadly defines a workplace as “any place visited by the employee arising out of or during the course of employment”—yet this is not commonly known.
Lack of Collective Action and Power Imbalances
Even if we assume that these women had a proper understanding of the correct interpretation of the law, industry organizations like the Association of Malayalam Movie Artists (AMMA) and the Film Employees Federation of Kerala (FEFKA) still fail to provide adequate support. A 2021 study on the State of Sexual Harassment in India found that of those women who experience inappropriate behavior at their workplace, 68% choose not to report it (Women’s Indian Chamber of Commerce and Industry, 2021). Fear of losing their job, fear of backlash, and stigma are some of the reasons why women prefer to remain silent about perpetrators of sexual harassment (Women’s Indian Chamber of Commerce and Industry, 2022).
Therefore, the committee recommends the creation of independent bodies to address women’s grievances, as current systems are inadequate for ensuring their protection.
Parting Thoughts
The fight for the report’s release illustrates a broader struggle for gender equality and safety within the entertainment industry. Tackling these issues is essential to create a safe and fair environment for everyone. To delve into the systemic failures in law enforcement and women’s access to justice, stay tuned for part 2 of the blog.