Kochi: In a major development following the release of the Justice Hema Committee report and the Kerala Film Policy Conclave, the Kerala High Court on Wednesday orally told the state government that intersectionality must be considered while drafting equality legislation for the protection of women in the film industry.

A Special Bench comprising Dr. Justice AK Jayasankaran Nambiar and Justice CS Sudha made this observation while considering a batch of cases related to the Hema Committee report.

“The one thing you need to keep in mind when you discuss [equality] is that it is not a mere male-female bifurcation. You must keep in mind the intersectionality aspect as well. When you are talking about equality and gender parity, you must also understand how this operates in a realm where you don’t have a homogeneous group representing females—or males, for that matter. Homogeneity in a class is what has guided our rulings on equality so far. Maybe that needs reimagination…” the HC orally told the Kerala government.

Earlier, the Women’s Commission had pointed out that special legislation would be needed to address the specific issues faced by women in the entertainment industry, given the lacunae in the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013—commonly known as the PoSH Act.

The Court emphasised the importance of incorporating intersectionality in the final legislation.

“When you are talking about women, there can be Dalit women, or women from lower economic strata. For them, any state action—or any action by citizens in society—could have varying degrees of impact. That is what intersectionality is about. When you are talking about the different aspects that contribute to the identity of a woman, you need to consider all those aspects when you are drafting an Equality Code or equality legislation,” the Bench observed.

The HC had previously highlighted the need to formulate a law addressing intersectional discrimination faced by women in workplaces. When the matter came up, the government pleader submitted that the Kerala Film Policy Conclave was held on August 2 and 3, and the suggestions made during the conclave have been published on two websites—www.ksfdc.in and www.keralafilm.com. It was further submitted that public suggestions have also been invited and may be submitted before August 25.

Senior Advocate Gopal Sankarnarayanan, appearing for the Women in Cinema Collective (WCC), submitted that the website does not include the report or detailed minutes of the conclave, and that only a few talking points have been uploaded. He further told the Court that a draft policy prepared by the Centre for Public Policy & Research (CPPR) had been circulated to the committee assisting the government, and some of its points were discussed at the conclave. He recommended that the draft policy be submitted to the Court in a sealed cover so that it could verify whether all points were adequately considered.

The Court thereafter directed the government pleader to submit the draft in a sealed cover, so that it may serve as a reference document for comparison and deliberation. It also clarified that the government could proceed with discussions on the talking points published on the websites. The batch of cases will be heard again on September 17.

(With inputs from Live Law)