Justice Hema Report Released: Kerala High Court Dismisses Objections

By Legal Wires 10 Minutes Read

The Justice Hema Committee Report, established by the Kerala Government in 2017, has been officially released following years of anticipation and legal contention. The committee, chaired by Justice K. Hema, was tasked with investigating the numerous challenges faced by women in the Malayalam film industry and recommending concrete solutions.

The report’s release has been a subject of intense legal battles, including a recent ruling by the Kerala High Court, which dismissed attempts to prevent its publication. The report calls for the creation of a new legal framework and the establishment of an independent tribunal to address issues such as sexual harassment, gender discrimination, and lack of basic facilities in the industry. This landmark document marks a significant step toward addressing systemic issues within the Malayalam film industry and may set a precedent for legal reforms in the entertainment sector.

Key Findings of the Report:

• Need for New Legislation: The Justice Hema Committee unequivocally stated that the issues women face in the Malayalam film industry can only be effectively addressed through the enactment of a new statute. The committee recommended the creation of an independent tribunal to handle grievances, stating, “There must be an independent forum constituted by the government, as per a statute, to deal with the problems of women in cinema. Then and then alone the women can be liberated from the evils of the Malayalam film industry.”
• Workplace Harassment: The report highlighted numerous problems, including sexual demands, harassment, abuse, and assault that women face at work. It also pointed out the lack of essential facilities, such as toilets and changing rooms, which leads to human rights violations.
• Safety Concerns: The Committee underscored issues like lack of safety and security, gender discrimination, male domination, disorderly conduct by those under the influence of alcohol and drugs, vulgar comments, cyber harassment, and payment disparity.
• Lack of Awareness and Legal Recourse: The report also noted that women in the industry are often unaware of their rights, and there is a clear absence of a legally constituted authority to address their grievances.

Rejection of Internal Complaints Committee (ICC):

• The committee suggested that the problems faced by women cannot be resolved by forming an Internal Complaints Committee (ICC) within the film industry, which is typically recommended under the Vishaka Guidelines and the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013.
• The report emphasized that the ICC would be ineffective since its members would likely be individuals from the cinema industry, making women reluctant to disclose details of harassment.
• The report stated, “As long as the power structure exists in the Malayalam film industry, they will take full control of it and account constitution of ICC comprising of persons in cinema will be of no use at all to protect any woman in Malayalam film industry from sexual harassment/assault/abuse in cinema.”
• The committee argued that existing statutes, including the Cinematography Act, Cinemas (Regulation) Act (Kerala), Cine Workers and Cinema Theatre Workers (Regulation), Cine Workers Welfare Cess Act, and Cine Workers Welfare Fund Act, are inadequate to address the modern challenges women face. Additionally, the Indian Penal Code (IPC) and POSH Act were deemed insufficient for dealing with these specific issues.

Recommendations for a New Act:

• Proposed Kerala Cine Employers and Employees (Regulation) Act: The committee proposed enacting this new law, which would specifically address the problems women face in the film industry. The committee suggested establishing a tribunal under this statute, headed by a District Retired Judge.
• Tribunal Proceedings: The report recommended that proceedings before the tribunal be confidential and held in camera. It also suggested that the statute should outline illegal acts prohibited under the law and establish penalties.

Additional Suggestions:

• Written Contracts: The report suggested that having a written contract stipulating the terms and conditions of service and remuneration could resolve many issues.
• Gender Awareness Training: The committee recommended mandatory, basic online training in gender awareness to prevent exploitation and ensure respect and dignity for all.
• Banning Alcohol and Drugs: The report proposed banning alcohol and drugs in the workplace within the cinema industry.
• Remuneration and Accommodation: The report highlighted the need to reduce the gender pay gap, set minimum remuneration for junior artists, and ensure proper accommodation for women.
• Background Checks and Criminal Offenses: The report called for mandatory background checks for staff and insisted that a police complaint be filed if any criminal offense is committed.
• Comprehensive Film Policy: The committee suggested enacting a comprehensive film policy that focuses on gender equality.
• Film Studies and Support for Women: It was recommended that film studies be introduced as an optional course in government colleges in every district, with fee concessions and scholarships for women. Additionally, a digital platform should be created for girl technicians to share ideas and support one another.
• Welfare Fund: The report suggested creating a welfare fund for women who need to stay away from their jobs due to delivery or physical disability.
• Representation in Film Scenes: The report advised that film scenes should not glorify gender injustice or violence against women.

Legal Proceedings and Release of the Report:

• The Justice Hema Committee Report was initially submitted to the Kerala Chief Minister in 2019. The decision to make the report public was taken on July 5, 2024. However, the Kerala High Court initially stayed the publication of the report following a writ petition filed by film producer Sajimon Parayil.
• A single bench of the Kerala High Court later dismissed the writ petition, ordering that the report could be made public. Following this, actress Ranjini filed a writ appeal, despite not being a party to the original petition, which was dismissed by the High Court yesterday, 19 August. The court granted her the liberty to file a fresh writ petition.
• The report was released to journalists who had requested a copy after the court declined to entertain the appeal. The report detailed that women in the industry are often told to make “compromises” and “adjustments,” which are euphemisms for making themselves available for sex on demand.
• The report stated, “Compromise and adjustment are two terms which are very familiar among women in the Malayalam film industry and thereby they are asked to make herself available for sex on demand.”
• The Kerala High Court‘s Bench of Acting Chief Justice A Muhamed Mustaque and Justice S Manu ruled that actress Ranjini should file a writ petition instead of an appeal, as she was not a party to the original case. Her counsel, Advocate Renjith B Marar, attempted to stay the report’s release, but without a stay order, the report was handed over to journalists at 2:30 PM. Although the writ petition was later numbered and taken up again, the court simply adjourned the matter to August 27, after learning the report had already been released.

click to read- Justice Hema Committee Report

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