Justice Hema Committee Report (Background & Recommendations)

The Justice Hema Committee report is a landmark inquiry into the working conditions of women in Malayalam Film Industry. The report is based on the testimonies of about 51 industry professionals and identifies 17 forms of exploitation such as casting couch, harassment, unequal treatment, unsafe accommodation and lack of toilets or changing rooms. The report was submitted in December 2019 and released in August 2024. The publication of the report renewed the demands for effective workplace safety specially for women. The Chairperson of the committee was retired Kerala high court judge Justice K. Hema who began with opening comment on the report:

• Origin: The committee was formed by the government of Kerala in 2017 in the wake of an assault of an actress in the Malayalam film industry.
• First Kind of Inquiry: It was the 1st official government-appointed committee in India dedicated strictly to investigating gender inequality and sexual harassment in Cinema industry.
• Widespread Exposure: The report took testimony from different women and found the serious existence of exploitation in the film industry. The informal bans, casting couch, lack of contracts, and inadequate basic facilities on the location of film shooting.
• Report in Public: The report was submitted in 2019 and was published in August 2024.

The Justice Hema Committee Report had given the following recommendations:

• Statutory Tribunal: It recommended forming an independent and legally empowered tribunal to address harassment at workplace, abuse of power, and contract related disputes within the film industry.
• Strict enforcement of POSH Act: It recommended compulsory setup of Internal Committees under POSH Act on every film set and production house.
• Written Contracts: It recommended a compulsory formal, legally binding employment contract. It must clearly mention the remuneration, working hours, and roles for all cast and crew members.
• Basic Facilities at Film location: The report said to have provisions of clean washroom, secure changing spaces, safe transport, and proper accommodations for female workers on the film set.
• Equal Pay and Gender Equality: It recommended to lessen the wage gap between male and female artists and technical staff.
• Substance Control: It prohibited alcohol and drug consumption on film sets to ensure a safe and professional work environment.

• POSH Act, 2013: It mandates all organizations with more than 10 employees to form an internal committee to address the complaints of sexual harassment with strict time for its resolution.
• Vishaka Guidelines (1997): The Supreme Court of India laid down the foundation for defining the sexual harassment at workplaces in India.
• Bhartiya Nyaya Samhita (BNS): It laid down the penal provisions for outraging modesty, stalking, and harassment or assault at workplace.
• Labor Laws and Factories Act: The regulations ensure basic workplace safety, limitation on night shifts without safe passage or transportation and access to basic sanitation facilities.