It has been two years since the Justice K. Hema Commission, constituted by the Kerala government in June 2017, submitted its report. The recommendations of the commission, formed in the wake of the sexual assault of an actor in a moving car in Kochi in February 2017, hinge on the fact that women in the film industry need legislative support. [The actor assault case has been grabbing media attention once again with the police raid on actor Dileep’s house following revelations by film-maker Balachandra Kumar].
There is little opposition to the argument that the women in the industry would be in a better place if they had a legislation that envisaged their professional and fair treatment. In spite of the general agreement on this aspect, there is very little being done on the ground to achieve this.
The Commission, headed by former judge of the Kerala High Court Justice K. Hema, had actress Sarada and former civil servant K.B. Valsala Kumari as members. Media reports had pointed to the delay in the Commission filing its report. Finally, a report was submitted to the government almost two-and-a-half years after its inception.
At least some members of the film fraternity hoped that some action would be taken on the recommendations. It is noteworthy that the then Minister for Culture and Cinema, A.K. Balan, himself a senior CPI(M) leader tried earnestly to initiate some action with the support of various associations in the film industry. His initiatives fell through and even discussions with the film organisations did not happen.
On casting couch
Some bold film-aspirants presented the Commission with pieces of evidence, including video and audio clips, to substantiate their claims of casting couch in the industry. Some aspiring young female actors told the panel, directly and indirectly, that there were efforts to exploit them in more ways than one. Others said how there were scant facilities or secure spaces for dress-change, a vital element of their daily work. The Commission was also told that, often, there were no washrooms or any such decent facility for basic personal needs. The Commission was apprised of the fact that it was not uncommon to slight those who raised such demands.
The Commission had found that remedial action and legislative support were the options to ensure that women are not sexually or otherwise exploited in the film industry. The commission suggested that a Tribunal be set up and powers be vested in it to debar offenders for a certain period.
Drugs, liquor, lobbying
The Commission also took cognizance of the prevalence of drugs and other psychotropic substances in the industry and the problems faced by actresses. Various sources, including some in the fraternity, informed the Commission that the backrooms of the industry were floated on alcohol and drugs and some conscientious men, and not just women, too faced issues. There were powerful lobbies at work which worked overtime to keep some from getting any fair chances. This was, at times, affecting some fairly big names, too.
It observed that the interventions of the Women in Cinema Collective (WCC) had made a positive impact on decision-makers and society at large. The Commission had reportedly interacted with various stake-holders. The recommendations and opinion of various organisations in the sector were also sought. The Commission also examines the scope of applying the present laws to the sector ahead of submitting its 300-page report.
WCC’s meetings with Pinarayi
The WCC had met Chief Minister Pinarayi Vijayan during his previous tenure. On the WCC’s request, the CM had instructed that a background check be done on film-sector workers to document any adverse antecedents. The Commission was constituted after this.
The WCC had pointed out that women in the industry were being denied even their basic rights. They observed that the February 2017 assault on the actress in Kochi should not be seen as an isolated incident. The WCC had urged the government to bring shooting locations under the ambit of the prevalent anti-sexual harassment laws and to form a grievance redressal cell to deal with such complaints.
Adoor committee
The previous government had also constituted the Adoor Gopalakrishnan Committee in 2017 to study the issues facing the sector. No action has been taken on the recommendations of this committee as well. It was reported that the government intended to consider the recommendations of the Hema Commission and the Adoor committee to formulate a unified, comprehensive law. The then Culture Minister A.K. Balan had said in the Assembly that a law would be promulgated to ‘save the film industry’ on the key recommendation of the Ador committee—the Kerala Film Regulatory Authority. The Minister had then held talks in this regard with the members of the film fraternity.
Present status
Minister for Culture Saji Cherian told Manorama that two people had been entrusted with the task of studying the Hema Commission report. The Minister said further action would be taken on the basis on the recommendations of the now-deputed study team. He said the efforts were being taken to examine the potential of bringing in a ‘legislation.’
