Context-

The release of the Justice K. Hema Committee report by the Kerala government on August 19, 2024, has sparked an intense debate on the challenges faced by women in the Malayalam film industry. Formed in 2017, the committee submitted its report to the government in 2019, and a redacted version has now been made public. Although the report focuses on the Malayalam film industry, the issues it highlights are relevant across all regions and industries.

Key Issues Highlighted in the Report

Sexual Exploitation and Assault:

• The report reveals that women in the film industry often face sexual exploitation, with many being required to exchange sexual favors for opportunities. Those who refuse to comply are frequently sidelined by powerful men in the industry.
• This exploitation is not an isolated issue but rather a symptom of broader societal problems. Women are often burdened by stereotypes and societal expectations, making it difficult to view instances of sexual assault as isolated incidents. Rape and sexual assault are manifestations of a culture that deems women's consent irrelevant.

Discriminatory Practices and Lack of Basic Facilities:

• The report also highlights the widespread discrimination against women in the industry. Women often lack access to even basic facilities, such as proper sanitation, and face hostile work environments.
• This lack of gender equality in the workplace has long been an issue that needs addressing, and the report has facilitated a much-needed discussion on this topic.

The Culture of Assault

• The concerns raised in the Hema Committee report are deeply troubling but not surprising. They reflect the broader issues women face in a conservative, patriarchal society. The normalization of objectification and gender stereotypes plays a central role in perpetuating sexual assault against women. This culture of assault is evident in various aspects of life, including the workplace.
• According to the National Crime Records Bureau, 31,516 cases of rape were reported in India in 2022 one reported rape every 16 minutes. Workplace harassment is another reflection of this pervasive culture of assault.

Legal Framework and Workplace Assault

• In the landmark case of *Vishaka and Ors vs State of Rajasthan and Ors* (1997), a writ petition was filed to enforce the rights of working women against sexual harassment. The Supreme Court of India prescribed a series of guidelines to prevent workplace harassment. These guidelines included duties for employers to prevent assault and the establishment of a complaint redress mechanism for aggrieved individuals.
• It took more than 16 years after this ruling for the legislature to enact The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013. A notable feature of this legislation is the provision for the constitution of an Internal Complaints Committee (ICC) that women can approach if they face harassment.
• The Hema Committee report, however, indicates that the ICC is not suitable for the film industry. The committee argues that the abuser or the employer may influence ICC members, compromising the fairness of the process. Therefore, the committee recommends the establishment of an independent forum constituted by the government to address the problems women face in cinema.
• While the ICC's limitations are not unique to the film industry, the suggestion to entirely bypass the complaints redress mechanism established by parliamentary legislation seems unwise. Instead, additional safeguards and accountability measures should be implemented to enhance the effectiveness of the ICC.

Registration of Crimes and Anonymity

• Many have questioned why no crimes have been registered or investigations initiated based on the committee's report. They ask why the accused cannot be brought to justice. These concerns are valid, but the report is a redacted version, with the names of survivors and culprits masked to protect the survivors' anonymity.
• The principle of survivor anonymity is well-established in criminal jurisprudence on sexual assault. In *Nipun Saxena vs Union of India* (2018), the Supreme Court emphasized the importance of penalizing the disclosure of survivors' identities, as mandated in Section 228A of the Indian Penal Code. This principle is reiterated in Sections 72 and 73 of the Bharatiya Nyaya Sanhita. The objective of these provisions is to protect survivors from hostile discrimination and future harassment.
• Given that the right to privacy is an integral part of the right to life under Article 21 of the Constitution (Puttaswamy, 2017), the Kerala government must take a proactive role in addressing the issues raised in the report. The survivors gave their statements with the belief that their anonymity would be maintained, and it is crucial to uphold this trust.

The Dilemma of Pursuing Legal Action

• It is essential to recognize why survivors of sexual assault are often reluctant to pursue complaints. A society that views survivors with misguided empathy and disgust, rather than support and trust, has no moral standing to demand that survivors must necessarily file complaints. This societal attitude contributes to the low reporting of sexual assault cases.
• Moreover, the lengthy duration of trials in sexual assault cases further deters survivors from seeking justice. The Hema Committee was formed after a sexual assault allegation against a leading Malayalam cinema actor in 2017, yet the trial remains ongoing. Survivors also fear retaliation from the abuser and others in the industry, which could result in a loss of work and being branded as troublemakers.

The Need for Structural Reforms

• The accusations against American film producer Harvey Weinstein in 2017 led to the global #MeToo movement, which brought attention to the widespread issue of sexual harassment in the entertainment industry. The findings of the Hema Committee report should similarly pave the way for structural reforms in the Malayalam film industry and beyond.
• The government must take an active role in addressing the difficulties faced by women in the industry, particularly those in lower positions. From the lack of adequate sanitation facilities to entrenched gender biases, every issue requires comprehensive study and resolution. More importantly, the report should empower women across India to fight against workplace discrimination with renewed awareness and determination.

Conclusion

The Justice K. Hema Committee report sheds light on the deep-rooted problems women face in the Malayalam film industry, including sexual exploitation, discrimination, and lack of basic facilities. These issues are symptomatic of a broader societal problem that demands structural reforms. The government must take an effective role in implementing these reforms and ensuring that women in all industries are treated with the dignity and respect they deserve. The report should serve as a catalyst for change, inspiring women to continue their struggle for gender equality in the workplace.

Source- The Hindu