Films in the drama genre exploring 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 study 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 release of the committee’s report on August 19, have all the hallmarks of such a compelling drama.
Though released in a redacted form to protect the privacy of the respondents, the report revealed alarming instances of sexual harassment and exploitation. Malayalam cinema, it said, was controlled by an all-male “power group”, which wielded significant influence over casting and production. And women feared retaliation or blacklisting if they opened up.
Since the formation of the committee, the government had expressed its commitment to introducing legislation to protect women and to address the undesirable trends in the industry. However, the report remained in cold storage for over four years. The government’s commitment to releasing the report or taking action based on its findings were questioned frequently. “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 introduced legislation for women’s safety in the film industry.”
The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, commonly known as the PoSH Act, is a crucial piece of legislation aimed at creating a safe work environment for women. Screenwriter Deedi Damodaran, one of the founding members of the Women in Cinema Collective (WCC), which played a key role in convincing the government to set up the Hema committee, said the WCC had to pursue legal action to enforce the implementation of the PoSH Act on film sets. “Even after the court’s verdict 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 establish a system for internal complaints redressal in the film sector. M. Renjith, former president of the Kerala Film Producers’ Association, said theirs was the first organisation to take steps to exclude individuals involved in criminal cases. “However, many film projects in Kerala are not registered with the association or fall under its oversight.” The Hema committee has recommended to address this anomaly.
The committee also observed that while the PoSH Act protected women in the workplace, women in cinema could face sexual harassment even before they reached their actual workplace―the shooting location. The committee was “hesitant to recommend the constitution of the ICC” as it felt that the industry was under the control of certain producers, directors and actors―all male―who could coerce ICC members to deal with the complaint in a manner they wanted. Instead of the ICC, the committee recommends an independent tribunal under an “appropriate statute”.
Acclaimed editor and WCC member Bina Paul clarified that this was not a discrepancy. “When we requested the ICC, we did not know when the committee 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 involves many complexities. However, we felt an immediate solution was needed, and that was why we moved court.”
Saji Nanthyattu, general secretary of the Kerala Film Chamber of Commerce, said the organisation set up an ICC consisting members from seven trade bodies in 2022 itself. “We also mandated that each producer must create an ICC [on sets] and submit the list to the Chamber,” said Nanthyattu. “However, not a single complaint has been filed in nearly 500 films made since then. Now they claim there is fear of filing complaints―I don’t understand that logic. Even underprivileged women have no fear of raising complaints. These are people with education and privilege, and they say they fear complaining to the ICC.”
Nanthyattu said there were practical challenges in the successful functioning of a tribunal in the film industry. “If a complaint arises on a location, who will the woman approach? It is easier to go to a police station. So, this could become a farce,” he said of the proposed tribunal. Notably, the Adoor Gopalakrishnan committee, which submitted its report a decade ago, recommended amending the Cinema Regulation Act and establishing a regulatory authority with quasi-judicial powers to address undesirable trends.
The responsibility now lies with the government to implement the Hema committee’s recommendations. P. Sathidevi, chairperson of the state women’s commission, said the commission would make an official recommendation for the implementation of the report. “Our understanding is that the committee has recommended the establishment of a tribunal to address not only sexual harassment complaints, but also issues like work bans, pay disparities and inadequate workplace facilities.”
The culture ministry has set up a committee headed by filmmaker Shaji N. Karun for creating a “film policy” for the state. Karun said the policy would bring “discipline” to the industry and would incorporate recommendations by the Hema committee. The ministry is also organising a conclave in November where stakeholders from Malayalam and other film industries will discuss major issues. The WCC has demanded gender issues to be the key topic of discussion at the conclave. Culture Minister Saji Cherian said all issues relating to cinema and the 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 hinted that given the financial situation of the state, it could take some time. For the Malayalam film industry, a happy ending seems unlikely at the moment.