Hema Commission Report: What’s Next?

The Hema Commission report, published on Monday, proposes introducing a new law and establishing a tribunal specifically designed to address the specific issues facing women in the film industry.

The report concluded that the Malayalam film industry denies opportunities to women who are not willing to “cooperate” and provide sexual favours. There is a general perception that actresses are there to make money and will therefore sleep with anyone. It underlined that sexual exploitation is rampant in the Malayalam film industry and that women are asked to “compromise” in exchange for work.

The committee has come to the conclusion that none of the five laws governing the film industry in Kerala adequately address the contemporary challenges faced by women in the industry.

The five laws 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 committee’s report states that while laws such as the Indian Penal Code and the POSH Act address illegal acts and sexual harassment, they do not adequately address the specific issues faced by women in the film industry, especially those that arise before they enter the workplace.

Women are being harassed in Malayalam film industry, Hema committee report reveals

The Commission has proposed the following:

Formation of a tribunal

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

• The decisions of the tribunal must be final and subject only to review by a chamber of the Supreme Court.

• The court has the authority to call upon the assistance of experts, including counselors, mediators, physicians, psychologists, psychiatrists and lawyers.

Dispute resolution

• After the court receives a complaint, it will first attempt to resolve the problem through a settlement, advice, mediation or conciliation.

• If desired, complainants can still seek redress through other legal channels.

Research and confidentiality

• The tribunal may appoint commissioners to conduct discreet investigations and collect relevant information.

• The proceedings are confidential and details are not published in the media. Violations of this confidentiality may lead to sanctions.

Fines and protection

• Penalties for violations of the new law could include fines and/or a ban on working in the sector.

• The court has no criminal jurisdiction, but will act in a similar manner to a civil court when dealing with disputes.

Employment and working conditions

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

• Producers are prohibited from demanding or accepting sexual favors in exchange for employment.

• Producers must pay fair wages and ensure that women are not unfairly excluded or harassed on the basis of age or gender.

Additional provisions

• Producers must register with the appropriate agency before offering roles to women.

• No one should use social media or other means to intimidate or make derogatory comments about women in film.

• Producers must adhere to contractual terms regarding exposure and remuneration.

The proposed statute aims to create a safer and fairer environment for women in the film industry, comprehensively addressing both pre-employment and workplace issues. Further provisions can be added if required by the government, the committee stressed.

The Hema Commission under Justice K. Hema was formed to address the issues faced by women in the Malayalam film industry following a 2017 sexual abuse case involving actor Dileep. The case, in which an actress was kidnapped and abused by several accused, including Dileep, has been ongoing since then. The report, submitted in 2019, was not released earlier due to its sensitive content.