Introduction
The Hema Committee Report (hereinafter referred to as ‘the Report’), released in August 2024, is a crucial report that sheds light on the atrocities happening within the glamorous film industry in Kerala. The Committee was formed in 2017 to gather insights on the reality of the incidents and experiences of sexual harassment and exploitation in the Malayalam film industry. The formation of the Committee was the result of a petition to the Chief Minister of Kerala by the Women in Cinema Collective (WCC), following the brutal kidnapping and assault case of a well-known Malayali actress in 2017.
The Report highlights the systematic challenges and struggles faced by women in the Malayalam film industry. It is to be noted that the Report, specifically focusing on the Malayalam film industry, resonates with the film industry in India in general. The Report further draws attention to the grim realities of gender bias, exploitation and unsafe working environment within the Industry. The Committee was set up to assess the gravity of these issues and provide pragmatic solutions.
Harsh Realities of the film industry
Women within the Industry and as seen more commonly, are subject to systematic exclusions from key positions or powerful positions. Despite the skill set they possess, the experience they have or the hard work and effort they put in, women are falling prey to the culture of silence and patriarchy. The Report underlines the hierarchical nature of the Industry and how it stands to jeopardise the career of many women if they were to voice their opinions on the evils of the Industry.
Key findings of the Report
1. Rampant sexual harassment
· One of the most important revelations includes unbridled sexual harassment within the Industry, irrespective of the role of women – new and up and coming to experienced artists (majorly actresses). The terms “adjustment” and “compromise” are euphemisms for sexual demands and favours. Right from casting till the completion of shooting, these terms are a part of whether the actress will have an employment opportunity or not. Often times, it begins even prior to casting or entering the film industry.
· Women choose to stay silent as exercising their agency can lead to consequences including loss of employment or similar repercussions, life threats and lack of safety to name a few. The Industry currently lacks mechanisms to address these issues and prevent sexual exploitation and harassment of women.
· Furthermore, stark power imbalances have been highlighted in the Report. These positions of power are held by highly influential male directors, producers, actors and production controllers and hence, the issue of casting couch remains pervasive.
· One startling observation was the dread that many women felt when they reported harassment because it frequently led to them being shunned, placed on a blacklist, or targeted for cyberbullying and online trolling. Many remained silent out of fear of losing their jobs, their reputation, or even their own safety.
2. Lack of basic amenities
· Basic human rights violations have been noted in the Report. Women have reported having no access to bathrooms and changing rooms on set, even in an outside shoot. Numerous women reported holding back their need for bathroom breaks which has resulted in serious health issues including urinary infections.
· Claims have been made by the producers that caravans are provided specifically for women. However, it was revealed that these caravans are reserved only for lead actors and other artists like junior artists, hairstylists and other women have no access to proper and basic facilities.
· Another important point of note is the lack of transportation available to women even late at night after having worked for 19 hours. Many have stated that there was no transportation available for women to even to reach the railway station or the bus stop and on multiple occasions, they had to stay at railway stations for the night.
3. Lack of safety and security
· In cases where accommodation is provided, many women have reported that often times at night, after the shoot, men have come knocking at their hotel doors with sexual demands, making women feel extremely unsafe and uncomfortable. This fear is so extreme that women have felt the need to always travel to work and be accompanied by a family member.
4. Lack of contracts and pay gaps
· One pertinent issue within the Industry is the lack of formal contracts which opens the doors for exploitation of labour, remuneration and conditions mentioned in the contract. For instance, actresses have stated the misuse of clauses related to nudity in the contract during shooting. Actresses have also highlighted issues of inconsistencies in remuneration from the agreed upon number in the contract and ofttimes severely underpaid or not paid at all in some cases.
· Another problem that arises due to the lack of formal contracts is the non-availability of legal recourses for disputes over wages, working conditions and other concerns and further increases the vulnerability of women.
· The women artists are highly underpaid compared to their male counterparts despite having done similar and more challenging work in most cases.
5. Gender Bias
· The committee discovered that women are frequently left out of technical areas and positions involving decision-making. Opportunities for women are scarce in fields including editing, cinematography, and directing.
· Women junior artists and hairstylists, who must put in 17–18 hours a day, are grossly underpaid or not paid at all.
6. Cinema Bans
· Cinema bans are controlled by 10 to 15 individuals, including specific actors, directors, and producers. No one is aware of how the ban is implemented, but it is extremely restrictive. Many people, particularly women, have been turned down for jobs because they might speak up about the evils of the Industry and create “trouble”. Prominent Association of Malayalam Movie Artists (AMMA) members have also maintained these bans. When WCC members spoke out against the horrors they witnessed in the film industry and from AMMA, more bans were imposed. There is absolutely no evidence to support these bans, yet the majority of the influential artists in the business are men and the bans imposed are rock solid and strictly followed.
7. Online harassment
· Women in cinema also face severe online harassment, including trolling and explicit threats on social media. This digital abuse adds another layer of fear and isolation, deterring many from speaking out. Women who speak out against harassment or discrimination are subjected to vile abuse on social media platforms, including graphic images, sexual slurs, and threats of violence. The Industry’s failure to create a safe and respectful work environment extends beyond physical spaces into the digital realm, further alienating women.
Recommendations from the Report
1. Institutional Mechanisms: One of the Committee's primary recommendations is the establishment of Internal Committees (ICs) within all production houses, in accordance with the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (hereinafter referred to as the ‘PoSH Act’). These committees would provide a formal mechanism for addressing complaints of harassment and ensuring accountability.
· The relevance of the PoSH Act to the film industry was also a subject of concern. The film industry lacks an employer-employee relationship, making the Posh Act inapplicable. Consequently, there is no requirement to establish an IC.
· The WCC file a writ petition in Kerala High Court, asking for guidance on how to establish an IC in the film industry and prayed that AMMA be legally mandated to establish an IC.
· However, AMMA responded stating that it is an association of artists, mostly actors and actresses, and not an ‘employer’. This establishes the non-existence of an employer-employee relationship and hence, the PoSH Act, 2013 is inapplicable. Activities of AMMA do not fall under the definition of ‘workplace’ and hence, there would be no obligation to establish an IC.
· Arguendo, AMMA stated that a ‘Women Cell Grievance Forum’ is already constituted under AMMA and is functional. However, it won’t be applicable to anyone else except artists – actors and actresses. That too, since AMMA is not an employer and just an association, no responsibility lies to establish an IC.
· According to the response of the Government, Local Committees are established in all districts for women to file complaints of sexual harassment. The Government further stated that an employer-employee relationship is essential to make the PoSH Act applicable.
· The High Court favoured the petitioners and held that constitution of IC is mandatory:
“…so far as the film is concerned, the production unit is the workplace of an individual film and therefore, each production unit would have to constitute an Internal Complaints Committee, which alone can deal with the harassment against the women in contemplation of the provisions of Act, 2013.
As we have pointed out, if the respondent organisations are maintaining a workforce to maintain such establishments and engaged in the activities in contemplation of the workplace defined under section 2(o)(ii), then individually such organisations are bound to maintain an Internal Complaints Committee. These are the basic features that we come across so far as the Act, 2013 is concerned so as to arrive at certain definite conclusions.
We also make it clear that any organisations, establishments, private institutions are employing workers whether for wages or not in contemplation of the provisions of the Act, 2013 coming under the definition of employer, employee and workplace, they are duty bound to constitute an Internal Complaints Committee.”
2. Better representation for women: The Committee recommended that more women be included in technical and decision-making positions. The Report proposed that the creation of scholarships and other incentives to encourage women to seek jobs in production, cinematography, and directing in order to enable this. Promoting women's involvement in these fields is the first step towards developing an Industry that is more equitable and inclusive.
3. Legal and structural reforms: The Report recommended that production units be mandated to give basic amenities like bathrooms and changing rooms on set. It additionally emphasised on the requirement for formal contracts for all workers, ensuring that the women in the Industry feel safe and are protected under the labour laws.
4. Awareness and Sensitisation: In an Industry deeply rooted in patriarchal norms, the committee recommended awareness programs and gender sensitisation workshops. These initiatives aim to educate both men and women about the importance of creating a respectful and equitable workplace, where harassment and discrimination are not tolerated
Conclusion
While the Justice Hema Committee Report offers a comprehensive view of the issues women face in the Malayalam film industry, the onus now lies on the government, industry stakeholders, and society to implement these recommendations. The report’s findings make it clear that gender inequality in cinema is not merely a social issue—it is a human rights violation. Such systematic issues violates fundamental rights guaranteed under the Constitution of India of women under Article 14, when they are denied the equal opportunity to work and treated and provided remuneration differently than their male counterparts; under Article 19, as women’s freedom to work in a profession of there is getting curtailed; and lastly, under Article 21 of the Constitution which ensures that every individual has the right to live a life with dignity and be entitled to a safe working environment.
This Report serves as a mirror, reflecting not just the problems in the Malayalam film industry but in entertainment sectors across India. It is a call to action, urging us to dismantle the structures that allow for exploitation based on gender and to create systems where women’s rights are protected, respected, and valued. This Report should not be seen as the end but the beginning of a movement to dismantle the patriarchal structures that have long dominated Indian cinema. By addressing the issues highlighted, the Industry can take meaningful steps towards gender equality and empower women to thrive without fear or exploitation.
If the recommendations are adopted, they could lead to a safer, more inclusive work environment. The findings and recommendations serve as a blueprint for reform and as a call to action for all stakeholders.
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