• UGI USER
  • Aug 26, 2024
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JUSTICE K. HEMA REPORT: GENDER INEQUALITY IN FILM INDUSTRY

Relevance:

GS 1 :

Social Issues – Women

GS 2 :

Welfare Schemes for vulnerable section of Society

Focus:

The Justice K. Hema Committee’s report, released in August 2024, focuses on the exploitation and discrimination of women in the Malayalam cinema and Hollywood industries. This report has sparked renewed discussions about gender inequality, sexual harassment in the workplace, and the need for significant changes in the entertainment business.

Source: TOI

Background of the Hema Committee Report:

  • Creation and Goal: Justice K. Hema established this committee in 2017 to investigate issues like sexual harassment and unequal treatment of women in the Malayalam film industry.
  • Report Delivery and Sharing: The committee completed the report and handed it over to the Kerala government in December 2019. A revised version of the report was released in August 2024.
  • Report’s Focus: The report discusses conflicts in the Malayalam film industry, but these issues reflect broader social problems that are not limited to one region.
  • Main Discoveries: The report points out two major issues: the sexual exploitation of women and discrimination, including a lack of basic facilities.
  • Effect on Public Discussion: This report has sparked conversations about gender equality and the safety of women at work, while also shedding light on structural problems in the industry.
Legal Framework to Combat Sexual Assault in India:

Indian Penal Code (IPC) Provisions:

  • Section 376: This law provides for the punishment of a rapist by a fine for minor cases and a term of imprisonment for the first seven years to life imprisonment for the most severe cases.
  • Section 376A: The law will be applied in cases where the rape causes the death of the victim or puts her in a state of persistent vegetative state thereby aggravating the nature of the offense and increasing the penalty to the maximum extent.
  • Section 376B: This article guarantees a limited approach to marital rape while avoiding the issue of other forms of it.
  • Section 354: The issue at hand is if a woman is assaulted or if criminal force is used with the intent to assault her modesty.

The Protection of Children from Sexual Offences Act (POCSO Act):

  • Enacted in India in December of 2012, The Protection of Children from Sexual Offences Act (POCSO Act) has existed.
  • Scope: Acts like a shield to prevent sneaking kids through sexual assaults, harassment, and exposure to pornographic material.
  • Punishment: Applies strict sanctions to offenders who breach the law, among them prolonged imprisonment and heavy penalties.

The Criminal Law (Amendment) Act, 2013:

  • On account of the heinous crime of gang rape that shocked society, New Delhi, the The Criminal Law (Amendment) Act, 2013 emerged.
  • Enhancements: Have expanded the definition of rape and introduced new sexual violence offences after the Delhi Gang Rape incident.

New Offences:

  • This encompasses (a) the case of stalking and peeping tom (b) the one of throwing corrosives with intention to disfigure (c) and preferential punishment’s case.

The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013

  • Scope: Sexual harassment is not allowed in the ladies’ respective working environments.
  • Mechanism: These organisations will be required to establish ICCs, which will have the responsibility of investigating the matter and resolving cases of harassment.
  • Aggrieved Woman: Any woman who alleges to have been sexually harassed at the workplace and/or in dwelling places.

Highlights of the Report:

  • Sexual Abuse: The sexual harassment covers everything from touching and sexual commentary to threats of rape and accepting title for the women who are willing to turn tricks for a role.
  • Casting Couch: You hear of actresses being made to give sexual favors in order to get a role. Those who agree to do this are called ‘cooperating artists.’.
  • Safety on the film set: Due to harassment and sexual demands, many female workers take relatives to sets.
  • Criminal Influence: Most of the social issues affecting the industry or that it faces includes merciless harassments by drunken men on female artists in their booked places to lay.
  • Fear of the Consequences: But despite the existence of laws that aim to protect women against harassment, they shy away from it because they expect to get fired, receive poor treatment, or face other unfavorable consequences because the act is still stigmatized.

Sexual Exploitation in the Film Industry

  • Sexual Favours: which come from exchanging sexual driven jobs for women, the root cause of attacking these job opportunities, rejection means to be left outside the industry.
  • Patriarchal Power Structures: This is evident from the report on the influential men in the industry who continue to abuse their authority and power at the subordination of women who cannot access justice systems.
  • Normalization of Exploitation: This is mainly because the industry is characterized by sexual exploitation, where most businesses accept that kind of behaviour as being normal.
  • Victim Blaming and Stigma: The victims of sexual exploitation are divested of social dignity by being held responsible for the tragic fate that befalls them; thus, they are socially silenced.
  • Call for Independent Oversight: There is an aspiration that this committee will be an independent platform for the discourses because the ICC and other such structures might get captured by the industry in its own ways.

Legal Grounds for Ending Sexual Abuse in the Film Industry

  • Bharatiya Nyaya Sanhita (Indian Penal Code, 1860): Assault, sexual harassment, and acts intended to outrage a woman’s modesty have been provided for under Sections 354, 354A, and 509 of the IPC.
  • Workplace Act, 2013: This legislation has made it imperative to establish an Internal Complaints Committee to deal with complaints at the workplace itself.
  • IT Act, 2000: criminalizes the electronic transmission of obscene material relating to digital content in the films.
  • POCSO Act, 2012: Aids in saving the children from Sexual Abuse and other Abuses in films industry.
  • Right to Anonymity: This is the forcible intercourse of an adult section 228A under the Penal Code offence. Under the court, the survivor has been granted a right to anonymity.
  • Judicial Directives: Vishaka vs. Rajasthan, 1997 Guidelines that could aid in combating workplace harassment were developed and thereby gave sexual exploitation a legal footing.

Problems of Crime Registration and Prosecution: Problems of Crime Registration and Prosecution:

  • Anonymity of Survivors: Hiding the details of the survivor bestows protection to the identity in organs of the law, but there are many drawbacks to the approach.
  • Complaint Aversion: Some survivors never file their harassment cases. The cause of this could be the fear of losing a job or being rejected by society, or that the court procedures take so much time.
  • Legal Framework– Even the Supreme Court in the case of Nipun Saxena Vs Union of India, 2018, upholds the provisions for survivor’s anonymity; however, how far these are efficient is a big question.
  • Judicial Pendency: Another challenge that exists in long-drawn trials, which discourage more survivors from coming forward, only reflects through the Hollywood ‘Me Too’
  • Role of the State: More importantly, the state has to proactively intervene and support the survivor to provide legal and psychological aid.

Comparative Analysis with Global Movements:

  • #MeToo Movement: Coming to the relevance of the subject with the present issues, mention can be made of the #MeToo movement that ensued post-allegations of sexual harassment against Harvey Weinstein. The Hema Committee report has also been of an international character.
  • Structural Reforms in Hollywood: Structural changes have already started taking place in Hollywood. For example, Hollywood has adopted severe measures on harassment that are even harsher than before due to the #MeToo movement; thus the Indian film industry could emulate Hollywood.
  • Role of Social Media: While social media has been quite instrumental in shedding some light on the sexual violence survivors’ stories, it is publicity where scrutiny from the public can bring forward a Survivor to be fully scrutinized.
  • International Legal Frameworks: Remnants of excellent legislation still exist in India; however, the United Kingdom Equality Act, 2010 contributes much in the basket when talking about re-affirmation of the laws and policies in India.
  • Global Solidarity: The questions that have aroused with the Hema Committee report remain symptomatic of the global struggle entailing gender rights and equality for women, and warrant an international sharing of experiences and practices.

Path Forward: Recommendations and Modifications 

  • Internal Complaints Committee: Mandatory formation of ICCs under the Sexual Harassment of Women at Workplace Act, 2013, with nominees from the members of FEFKA and
  • Independent Tribunal Proposal: Foster the concept of hearing harassment and discrimination matters in-camera; it will be heard from an independent tribunal.
  • Written Contracts: To safe guard the interest of all the employees starting from junior artist’ coordinator, compulsory written contract has to be entered into with all the cinema employees.
    Gender Awareness Development
  • Programme: Compulsory gender sensitivity and awareness sessions to all actors and technicians, including production teams, before the shoot commences. Training material in English and Malayalam.
  • Women in Producer Role: Funding for gender justice-themed movies promoting the production of women producers.
  • Single-Window System: Arrangements for one-stop shop for loans and shoot permits to the women director or cinematographer led projects.
  • Incentives for Gender Justice: Enough funding for film materializing gender justice in themes and production for movies.

Conclusion:

The findings of the Hema Committee prove the existence of problems of sexual abuses and gender discrimination that occur in the film industry. It suggests symptoms of social pathologies. By promoting women’s rights in the culture and legislative support that will guard the protection of the women in the working space and other spheres of life, the way out from the problems is possible.

Source: The Hindu

Mains Practice Question:

Elucidate the role of Justice K. Hema Committee report in bringing out feelings of gender-based exploitation in the film industry.