Why there are no lasting solutions in sight for the Malayalam film industry – The Week

Drama films that explore complex emotions, moral conflicts and psychological challenges tend to do well in Malayalam. The formation of a three-member committee, headed by Justice K. Hema, by the Kerala government to look into the issues faced by women in cinema in July 2017, following the abduction and sexual assault of a prominent actress, and the events that unfolded until the partial publication of the committee’s report on August 19, have all the hallmarks of such a compelling drama.

Although the report was released in a redacted form to protect the privacy of respondents, it revealed alarming cases of sexual harassment and exploitation. Malayalam cinema, it was said, was controlled by an all-male “power group” that wielded considerable influence over casting and production. And women feared reprisals or blacklisting if they spoke out.

Since the committee was set up, the government has expressed its commitment to bring in legislation to protect women and address the undesirable trends in the industry. However, the report remained dormant for over four years. The government’s commitment to release the report or take action based on its findings was often questioned. “The government could have released the redacted version much earlier,” said political observer and lawyer A. Jayasankar. “It should have acted on the recommendations and brought in legislation for the safety of women in the film industry.”

The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, better known as the PoSH Act, is a crucial piece of legislation aimed at creating a safe working environment for women. Screenwriter Deedi Damodaran, a founding member of the Women in Cinema Collective (WCC), which was instrumental in convincing the government to set up the Hema Committee, said the WCC had to take legal action to enforce the implementation of the PoSH Act on film sets. “Even after the court ruling that the PoSH Act should be enforced, it has not been implemented,” she said.

The PoSH Act mandates the formation of an Internal Complaints Committee (ICC) in organisations. In 2022, the Kerala Women’s Commission asked the government to set up a system for internal complaint redressal in the film sector. M. Renjith, former president of the Kerala Film Producers’ Association, said they were the first organisation to take steps to debar individuals involved in criminal cases. “However, many film projects in Kerala are not registered with the association or do not come under its purview,” the Hema committee has recommended addressing this anomaly.

The committee also noted that while the PoSH Act protected women at the workplace, women in the film industry could face sexual harassment even before they reached their actual workplace, the shooting location. The committee was “hesitant to recommend the establishment of the ICC” because it felt that the industry was controlled by certain producers, directors and actors, all men, who could force ICC members to deal with the complaint in a manner they desired. Instead of the ICC, the committee recommended an independent tribunal under an “appropriate constitution”.

Acclaimed editor and WCC member Bina Paul clarified that this was not a discrepancy. “When we asked the ICC for a request, we did not know when the commission’s report would be published. But we knew that there was a law of the land that was not being applied to the film industry. There are many challenges in applying the law to this industry: it is contractual, short-term and has many complexities. However, we felt that an immediate solution was needed and that is why we went to court.”

Saji Nanthyattu, general secretary of the Kerala Film Chamber of Commerce, said the organisation itself had set up an ICC in 2022 comprising members from seven trade bodies. “We have also made it mandatory that every producer should create an ICC (on sets) and submit the list to the Chamber,” Nanthyattu said. “However, not a single complaint has been filed in nearly 500 films made since then. Now they are claiming that there is a fear of filing complaints – I don’t understand the logic. Even underprivileged women are not afraid to file complaints. These are people with education and privilege, and they say they are afraid of filing complaints with the ICC.”

Nanthyattu said there were practical challenges in the successful functioning of a tribunal in the film industry. “If a complaint is made about a location, who will approach the woman? It is easier to go to a police station. So this could become a farce,” he said of the proposed tribunal. In particular, the Adoor Gopalakrishnan Committee, which submitted its report a decade ago, recommended amending the Cinema Regulation Act and setting up a regulatory authority with quasi-judicial powers to tackle undesirable trends.

The responsibility for implementing the Hema committee’s recommendations now lies with the government. P. Sathidevi, chairperson of the state women’s commission, said the committee would make an official recommendation for the implementation of the report. “Our understanding is that the committee has recommended setting up a tribunal to address not only complaints of sexual harassment but also issues such as work bans, wage differentials and inadequate workplace facilities.”

The culture ministry has set up a committee headed by filmmaker Shaji N. Karun to create a “film policy” for the state. Karun said the policy would bring “discipline” to the industry and incorporate recommendations of the Hema committee. The ministry is also organising a conclave in November where stakeholders from Malayalam and other film industries will discuss key issues. The WCC has demanded that gender issues be the main topic of discussion during the conclave. Culture minister Saji Cherian said that all issues relating to cinema and serial sectors would be addressed.

Chief Minister Pinarayi Vijayan did not rule out setting up a judicial tribunal as suggested by the Hema committee. But he indicated that given the state’s financial situation, it may take some time. For the Malayalam film industry, a happy ending seems unlikely at this point.