sexual exploitation of women in cinema

findings in the K. Hema Committee report must pave the way for reforms in the film industry; the government needs to take an effective role in this

issues faced by women in Malayalam film industry

Justice K. Hema Committee report

1  which was released by the Kerala government on August 19, 2024, has ignited a debate on the issues faced by women in Malayalam film industry. 

2 The committee, which was formed in 2017, had submitted its report to the government in 2019.

report deals with two categories of issues

 

1 The first is the sexual exploitation of and assault against women in cinema. 

exchange sexual favours for opportunities

The report says that women are often required to exchange sexual favours for opportunities 

and those women who refuse to ‘co-operate’ are sidelined from the industry at the instance of powerful men. 

2 The second is discriminatory practices against women and a lack of even basic facilities

 

The report has facilitated a long overdue discussion on the lack of gender equality for women at the workplace.

Culture of assault

क्या क्या मुद्दे उठाये गये हैं ?

The concerns raised in the Hema Committee report are disturbing, yet are not surprising. 

What they face ? and Record of india ? 

patriarchal society such as ours. Women are burdened by stereotypes and expectations about how they should behave. 

. According to the National Crime Records Bureau, 31,516 cases of rape are reported in 2022 in India — a reported rape in every 16 minutes. Workplace harassment is another reflection of this culture of assault.

workplace assault and supreme court 

 1 in Vishaka and Ors vs State Of Rajasthan and Ors (1997), a writ petition was filed to enforce the rights of working women against sexual harassment. 

2 A series of guidelines was prescribed by the Supreme Court of India — a unique kind of judicial legislation — to prevent workplace harassment. 

3 These included duties on the employer to prevent assault as well as the constitution of a complaint redress mechanism for aggrieved persons.

Sexual Harassment of Women at Workplace act 2023

It took more than 16 years thereafter for the legislature to enact The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013. 

internal complaints committee (ICC) 

1  it provides for the constitution of an internal complaints committee (ICC) which can be approached by the aggrieved woman. The definition of ‘workplace’ in section 2(o) of the Act is broad enough to take in the film industry as well.

2 Justice Hema Committee report has however indicated that the ICC is not suitable for women in the film industry. It is argued that there is a likelihood of the abuser or the employer influencing ICC members.

3  The committee, therefore, pleads / says  for an independent forum constituted by the government to deal with the problems faced by women in cinema.

Registration of crimes

lack of a registration of crimes 

Many have questioned the lack of a registration of crimes pursuant to the committee report. They ask why an investigation is not initiated and why the accused cannot be brought to justice. 

survivor anonymity

1 \The report is a modified version which redacted the names of survivors and the culprits. 

2 Masking the names of survivors is done in recognition of the principle of survivor anonymity. Anonymity will remain intact during the investigation and prosecution as well.

3 In Nipun Saxena vs Union Of India (2018)

the Supreme Court explained the importance disclosure of the name and the identity of the survivors of sexual offences as mandated in Section 228A of the Indian Penal Code, which is now reiterated in Sections 72 and 73 of the Bharatiya Nyaya Sanhita. 

Court said that the object of the provision is to protect survivors from hostile discrimination and future harassment. 

The right to privacy is an integral part of the right to life under Article 21 of the Constitution (Puttaswamy, 2017). The statements were given by several victims in the belief that this anonymity will be maintained. 

why she do not want to register case ? 

1 Why survivors are often reluctant to pursue complaints in the case of sexual assault is important for us to recognise.

 2 A society which looks at survivors of sexual assault, with misguided empathy and disgust, instead of support and trust, probably has no moral standing to demand that the survivor must necessarily launch the complaint. 

3 trials in sexual assault cases take years to complete, which are attributable to the high degree of judicial pendency in our country. 

 4 Hema Committee was formed after the sexual assault allegation against a leading Malayalam cinema actor, the trial of which is not yet completed. Survivors also fear potential retaliation from the abuser and others, in terms of refusal to give them work, and being branded as ‘problem-makers.’

Structural reforms

The accusations in 2017 against Harvey Weinstein

 the American film producer, had eventually led to the #MeToo movement which received global attention. 

The findings in the Hema Committee report must pave the way for structural reforms, for which the government must take an effective lead.

difficulties faced by women in the industry, particularly those in the lower strata as opposed to the lead actresses deserve acknowledgment. 

From the lack of adequate sanitation facilities to hostile bias, every issue needs comprehensive study and resolution. 

More importantly, the report will accelerate the Indian woman’s struggle against workplace discrimination by equipping her with an emboldened awareness.

source the hindu