THE release of the report of the Justice Hema Committee set up by the government of Kerala ‘to study and report on various issues faced by women in cinema and to suggest solutions to such issues’ on August 19, 2024 has seen a number of women connected with the Malayalam film industry, mostly actors, coming forward, and making serious allegations of sexual assault, abuse, misconduct etc against well-known men in the industry who are actors, directors, and important office-bearers in associations connected with the film world and also public institutions.  This is a very welcome development in an industry where, since its very inception, women have been silenced or have preferred to remain silent because the price of speaking out has often been unconscionably and unbearably high.

The committee was set up by the Kerala government in 2017 after some intrepid women in the Malayalam film industry who had formed the Women in Cinema Collective (WCC) met the chief minister and urged him to address their grievances.  The WCC had been set up in the wake of a horrific incident of gang-rape of a well-known actress in a moving vehicle by a group of men who had been allegedly instigated and paid to carry out this heinous crime by a well-known actor, Dileep.  The case created a huge stir in the state and the formation of the WCC was a response to it.  (Dileep was arrested and released on bail after three months and the other accused, Pulsar Suni, was also arrested and is currently an under-trial prisoner without bail.)

In response to a memorandum submitted to the chief minister by the WCC members, the Kerala government announced the formation of the Justice Hema Committee in November 2017 with three members, Justice K Hema, cine artiste            C Sharada and K B Valsalakumari, Retd. IAS officer.  The formation of the committee was widely welcomed by the WCC, and many other organisations and individuals.  The committee itself noted in para 3 of its report that “It is for the first time that a government in this country has ventured upon such a novel task and we are glad to be part of this journey”.  The committee also acknowledged the role played by the WCC and noted that the formation of the committee “happened when a group of women working in Malayalam cinema joined together in May 2017 and met Shri Pinarayi Vijayan and submitted a petition seeking a series of reliefs.  WCC declared solidarity to the survivor.  According to members of the WCC, this is not the only incident in the history of cinema but this is the only one incident which is reported.  According to WCC, women are being silenced in the film industry…”

The committee took two years to complete and submit its report.  This delay was criticised by the WCC members and others.  The WCC issued a statement “The notification issued by the LDF government directing the formation of the commission – the first of its kind in the state – showed deep insight and utmost seriousness in addressing the problems. We believe that such a study report will prove to be helpful in identifying the problems in the industry and proposing possible solutions to them. The Hema Commission was formed without any delay. But we are extremely saddened and troubled by the fact that this commission has been unable to come up with any kind of report after six months of its formation.”

The committee report deals with the reasons for this delay in some detail.  It says that it was difficult to contact people to make depositions, these depositions then took a lot of time because of the nature of the industry, the pre-occupations of its members and also the hesitancy of many to come forward at all.

The committee also makes important points about its responsibilities.  It says in para 48 “Our function is only to study the issues relating to women in cinema and report:  not name or shame anybody or expose the guilty”.  It says in several places that protecting the privacy of those deposing before it is of the utmost concern.  Not only are the depositions being made on condition of the identities of those making them not being revealed but the committee members are only too aware of the vulnerability of women daring to speak out against powerful people in this particular industry.  They often speak of the fear that many women who spoke to them felt and, in general, they were told again and again that there was an atmosphere of fear that pervaded the industry. 

Finally, the committee handed over its report to the government on December 31, 2019.  It was not, however, made public until August 19, 2024.  There are many reasons for this.  At the outset, it must be remembered that Justice Hema herself had requested that the report not be published and the report itself repeatedly speaks of the vulnerability of those who deposed before it and of the need to do everything to protect their privacy.

Subsequently, many applications were moved under the Right to Information Act to gain access to the report and, conversely, several people approached the High Court and got its publication stayed. The Information Commission finally instructed the government to make the report public (with some parts kept unrevealed or redacted).  It seems that the government made more redactions than had been allowed by the Commission in order to protect those whose names were mentioned and who themselves had named others. 

It is important to note the shocking facts that the committee reported.  It said that sexual abuse and sexual blackmail were and are rampant in the industry; that the ‘casting couch’ was a horrible reality for many women; that women actors faced many different kinds of atrocious behaviour.  It went into the sufferings of the junior artists, dancers, hairdressers and other members of the unit who faced terrible exploitation, humiliation and inhuman working conditions.  It revealed the amazing fact that contracts are almost non-existent in the Malayalam film industry and, only recently, have contracts been executed between producers and film stars.  The other categories of those working in the industry are denied contracts and are often employed through an agent.  As a result, delayed payments, reduced payments, payments not being made at all etc are the order of the day.  It is shocking to learn that places where film shooting takes place, often do not have toilets or changing rooms for women.  The committee recommends strict action being taken by the government on all these points.

Even before the committee handed over its report to the government, the WCC approached the High Court in October 2018.  They filed a writ petition demanding that the Association of Malayalam Movie Artistes (AMMA) institute an Internal Complaints Committee in consonance with the Prevention of Sexual Harassment at Workplace (Prevention, Prohibition and Redress) Act, 2013 also referred to as the POSH Act.  The petitioners said that AMMA’s failure to create an ICC ‘leaves its members helpless and without any adequate remedy against sexual harassment directed against them in the professional context.”  They went on to say that ‘This omission of AMMA is striking at a time when revelations of widespread sexual assault and harassment of women in film industries across the country have come out.”

In a very positive move, the State Women’s Commission impleaded itself in the matter and supported the demand of the WCC. AMMA, on its part, opposed the demand and repeatedly said that there was no need for an ICC.

Finally, in March 2022, a division bench of the Kerala High Court directed film production houses to form Internal Complaints Committees and held that ‘each film unit in an industry is an establishment and an Internal Complaints Committee (ICC) needs to be constituted for that purpose’. 

The Kerala Women’s Commission informed the court that it requested the state government to constitute an ICC for the Malayalam film industry and also for enactment of legislation for the benefit of the employees of the industry. AMMA had to give an assurance to the court that it would constitute an ICC.   The state Women’s Commission has subsequently been monitoring the functioning of the ICCs in film production units. In no other state are there such ICCs constituted. 

In Kerala, after the report was made public more and more women survivors of sexual harassment, blackmail, indecent behaviour, predatory attacks etc are coming forward and naming those responsible. Already, the general secretary of the AMMA and the chairman of the Kerala Chalachitra Academy have resigned  after both of them were named, along with others, by women survivors. Many other prominent names in the Malayalam film industry are also being mentioned in detailed complaints.

The Malayalam corporate media and the main opposition – Congress party – have launched a concerted campaign charging the LDF government of trying to suppress the report in order to protect the powerful lobbies in the film industry.  They have sought to carry sensational reports as if the LDF government is failing to safeguard the rights of the survivors of sexual abuse and harassment.  But all this malicious campaign is getting exposed as the LDF government has moved to see that justice is rendered to the victims. 

The chief minister has set up an SIT which has several senior women police officers among its members to enquire into the issues raised by the report and all the complaints that are being made.  The chief minister has made it clear that no culprit, no matter however powerful, would be spared.  In a positive development, a police case has already been registered against the erstwhile chairman of the Kerala Chalachitra Academy.

The process of cleaning up the entrenched vested interests in the film industry has begun with the resignation of the 17-member executive of AMMA and its disbanding. 

While the prosecution of those guilty of heinous crimes against women is a priority, ensuring that the redressal mechanisms put in place function effectively is also important. Additionally, civilised conditions of work, proper contracts for all those hired by the industry, prompt payment of legal remuneration, and strict adherence to laws must all be ensured by the government.