Background: The Justice Hema Committee Report
The Justice Hema Committee, established by the Government of Kerala in 2017, was tasked with investigating the challenges encountered by women in the Malayalam cinema industry. The committee's comprehensive report, submitted in December 2019 and made public in August 2024, revealed deep-seated issues, including sexual harassment, gender discrimination, and unbalanced power dynamics that adversely affect women in the industry.
High Court's Observations on Intersectional Discrimination
During the proceedings, the Kerala High Court, comprising Justice A. K. Jayasankaran Nambiar and Justice C. S. Sudha, emphasized that women in India experience discrimination on multiple fronts due to intersectionality. The court noted that existing legislations have not adequately addressed these compounded forms of discrimination, particularly those arising from the intersection of gender with factors such as caste, economic status, and social hierarchy.
The court highlighted that a Dalit woman, for instance, faces layered discrimination—not only as a woman but also due to her marginalized social status. This intersectional discrimination is more pronounced in certain regions and among economically disadvantaged groups, necessitating a nuanced approach in legislative measures.
Call for Model Legislation
In light of these observations, the High Court has called upon the State Government to draft a special legislation that comprehensively addresses the various dimensions of discrimination faced by women, especially in their workplaces. The proposed legislation is expected to incorporate provisions that tackle intersectional issues, ensuring protection against discrimination stemming from gender, caste, economic status, and other intersecting identities.
Stakeholder Recommendations
The Women in Cinema Collective (WCC), a prominent organization advocating for women's rights in the film industry, has submitted several recommendations for the proposed legislation. Key suggestions include:
Adoption of a Common Cinema Code of Conduct: Establishing clear guidelines to define workplace rights, work hours, and the responsibilities of all stakeholders in the industry.
Compliance with the POSH Act: Ensuring full adherence to the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013, and adopting a zero-tolerance policy towards any form of harassment or discrimination.
Formation of an Interim Regulatory Commission: Setting up a body led by a retired High Court Judge, with diverse industry representation, to monitor compliance and address grievances.
Mandatory Female Representation in Policy-Making: Guaranteeing equal and active participation of women in decision-making processes related to industry policies.
Implications for the Malayalam Film Industry
The High Court's directive and the anticipated legislation are poised to bring about significant changes in the Malayalam film industry. By addressing intersectional discrimination, the industry can move towards a more inclusive and equitable environment for all its members. The emphasis on comprehensive legal measures reflects a commitment to dismantling systemic barriers and promoting gender justice.
Conclusion
The Kerala High Court's proactive stance in advocating for legislation that addresses intersectional discrimination marks a pivotal step towards ensuring justice and equality for women in the workplace. By recognizing the complex layers of discrimination that women face, the proposed model law aims to create a safer and more equitable professional environment, not only within the Malayalam film industry but also across various sectors. The collaborative efforts of the judiciary, government, and stakeholders like the WCC are instrumental in driving this transformative change.
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