By P. Sreekumaran
THIRUVANTHAPURAM: The release of the Hema Committee report on the problems plaguing the Malayalam film industry has exposed its ugly underbelly. It is a gory tale of sexual exploitation, illegal bans, discrimination, drug and alcohol abuse , wage disparity and in many cases inhuman working conditions.
Details of the report first. The 235-page report, which was released on August 19, five years after it was submitted to the Kerala Government, says that the industry is under the control of some male producers, directors and actors. A prominent actor referred to the cabal as “mafia” as they were powerful to ban anyone who refuses to dance to their tune. The Committee has confirmed the existence of the practice of “casting couch” in the industry.
Unlike in other industries, the report reveals that sexual harassment starts even before a woman starts working as sexual demands are made by very well-known people in exchange for roles in cinema! Some of the women provided video and audio clips and screenshots of WhatsApp messages by way of proof of “casting couch” attempts. Many women said they found it unsafe to stay alone in the accommodation arranged for them during the shooting. The reason: Drunken men habitually knock on their doors.
Some witnesses recounted attempts at forcible entry by knocking down the doors! A specific case is that of an actor who had to act as the wife of her abuser the very next day of the shocking incident, causing the victim terrible trauma. Attempts are made to persuade newcomers by some people who create the impression that women have made it to the top through “compromises” and “adjustments”.
Many women who deposed before the committee were scared to reveal the details of their experiences as they feared retaliation and adverse consequences. The committee said it was worried about their safety as well as that of their relatives. Such is the gravity of their experiences that the women failed to summon the courage to disclose the details even to their close relatives. They also refrained from informing the police as they feared the consequences from powerful forces in the industry. Junior artistes are the most exploited lot in the industry. The 15-member “power group” which ruled the industry warned the producers against casting actors who are not in their good books. So powerful is this “power group” consisting of super stars, producers and directors that even the members of Women in Cinema Collective (WCC), following whose demand the Hema Committee was set up, were banned from cinema!
Lack of toilets and changing rooms, the reports points out, has resulted in urinary infection for many women. Junior artists are treated worse than slaves. They are forced to work up to 19 to 20 hours. They do not get paid properly with intermediaries devouring the better part of their payments, which are not given n time.
As if all this was not enough, internal complaints committee are powerless as powerful persons threaten them and coerce them into dealing with the complaints in the way they wanted. The Committee recommends that the Government enact an appropriate law and set up a Tribunal to address these issues.
Meanwhile, the Kerala High Court has admitted a public interest litigation (PIL) seeking a directive to the Government to initiate criminal proceedings against those who had committed sexual exploitation and harassment of women in the film industry. The Court also asked the Government to submit a copy of the full report of the Committee in a sealed cover. More than 60 pages of the report have not been released as the Committee itself had advised the Government against releasing the full report. The court will decide if any cognisable offence is disclosed and whether a criminal action is necessary.
The Court said the Government as of now is not in a position to act in the matter as no one has come forward with a complaint. Earlier Chief Minister Pinarayi Vijayan said that the Government would certainly take action if it gets specific complaints. The Court observed that it needs to address the issue of how to protect these vulnerable women and what action can be taken against the perpetrators. The court added that those who had deposed before the Committee wanted to maintain their anonymity. The Government cannot ignore the report. If it fails to act, then the very purpose of constituting the Committee would be defeated, observed the Court.
The Advocate General argued that those who wanted the perpetrators to be prosecuted could approach the police or courts. He also pointed out that nobody has so far approached the Government demanding criminal action.
The petition has been filed by one Navas from Thiruvananthapuram. He sought a direction to the Government to produce the uncensored version of the report. The report, he said, contained tales of sexual exploitation, rape and discrimination faced by woken in the film industry.
The legal position is that if any cognisable offence comes to the notice of the Government or the police, suo motu action can be initiated even without a formal complaint from the victims. The victims are afraid to file complaints as that would expose them to intimidation and retaliatory action by the perpetrators. Action can be taken without revealing the identity of the complainant. Insistence on filing complaints by the victims also goes against the recommendation of the Hema Committee which has assured the victims who complained to it that their names would not be disclosed under any circumstances.
It may be mentioned that in March 2022, the Women in Cinema Collective(WCC) scored a major victory when the Kerala High Court, in response to their plea, ordered the setting up of an Internal Complaints Committee(ICC) in film sets as per the Sexual Harassment of Women at Workplace(Prevention, Prohibition and Redressal) Act, 2003. It is a fact that things have improved a bit since the formation of the WCC in 2017 and the submission of the Hema Committee report in 2019. But much more needs to be done.
Meanwhile, the leader of the Opposition V D Satheesan has demanded that an all-women team of IPS officers be constituted to investigate the findings of the Hema Committee. Congress MP Shashi Tharoor said the criminality documented by the Hema panel was a stain and the time for a clean-up was overdue.
The intervention of the High Court has raised expectations of the victims of sexual exploitation. The Government has made it clear that it would act on the directives of the HC. (IPA Service)
