Hema Committee report | What next for artistes, govt and industry?

She recounted harrowing experiences, and this was the first time she shared them with an official body, apart from a few close friends. Her ordeal involved well-known names in the industry, both on and off-screen. According to her, speaking at length with the committee was a cathartic moment for her, and it helped her move on.

"Overall, I would say it was a positive experience for me. The decision not to pursue a criminal case against the alleged perpetrators doesn’t concern me. I wouldn’t have filed a formal complaint against anyone; despite realising I had gone through a very difficult time as a professional. I must clarify that I was not sexually assaulted, but I do know women who have faced such experiences. However, those women were also not willing to speak about it openly,” she told The Federal.

No criminal complaint

Another woman film professional, who had testified before the committee, was also not sure if she would testify in court.

“I wouldn’t have revealed these things to anyone, not even to my family, if this committee hadn’t decided to listen to people like me. But if you ask me whether I would testify in a judicial system, I’m not sure — most probably not. If I do, I would have to go to an extent where my life becomes a constant fight, and right now, I’m not capable of that,” she said.

The Federal spoke with at least four film professionals who testified before the Hema committee, and all shared somewhat similar experiences. None were willing to file a criminal complaint about their ordeals, despite two of them having approached film bodies, from which they got no resolution.

Lack of action

The Committee headed by K Hema, retired justice of Kerala High Court, was established by the state government in response to the demands of the Women in Cinema Collective (WCC), which voiced growing concerns about systemic issues within the film industry, particularly the treatment of female artists, following the gruesome sexual attack on a prominent actress in 2017.

The Hema Committee report was made available in the public domain four years and nine months after it was submitted to the government. The government had maintained that it could not be made public, as Justice Hema herself had suggested, citing privacy concerns raised by those who testified before the committee.

Many activists and industry insiders have expressed frustration over the lack of action taken to implement the report's suggestions. Critics argue that the government's inaction sends a message that the exploitation of women in the film industry is not being taken seriously. They emphasize that the government must prioritise the safety and well-being of women in the industry, as well as hold accountable those who perpetuate a culture of harassment.

“If the victim of injustice has to hide behind the Right to Privacy, that is not their preferred choice. It is a reflection of the complete failure of the state to continue providing them justice, protection, and dignity,” opines Hareesh Vasudevan, a human rights activist and lawyer of Kerala high court.

“When both the victim and perpetrator keep the details of a crime secret, the state has limited options once it becomes aware of the situation. The Supreme Court’s order in the Lalita Kumari case and the evidence provided in the report make it clear that an FIR should be filed. However, the details of the anonymous statements in the report cannot be made public,” added Vasudevan. This limits the scope of any action based on the report.

Privacy concerns

On the other hand, the government emphasised that it neither ignored nor delayed action on the report. The release was postponed due to privacy concerns. The Chief Minister mentioned that Justice Hema herself had written to the government, requesting that the report not be made public in full.

“Justice Hema herself had written a letter to the government on February 19, 2020, requesting that the report of the Hema Committee not be released, as it contained references that violated the privacy of many people,” clarified Chief Minister Pinarayi Vijayan.

“Justice Hema stated in the letter that the revelations made by certain women from the film industry before the committee were completely confidential in nature. Therefore, she emphatically requested that under no circumstances should the report prepared by the committee she was a part of be released,” he pointed out.

“The government has only one stance on this matter, which has been clarified multiple times by the concerned ministers - that the release of the report is in no way opposed by the government,” pointed out the chief minister.

However, this defence taken by the government has not gone down well with the Opposition, who alleges that the LDF government is running with the hare and hunting with the wolf simultaneously.

“Justice Hema did not demand that the report should not be released. Rather, she stated that if the report were to be released, it should be done in accordance with the directives of the Supreme Court, in order to protect the privacy of those who provided confidential information,” alleged V D Satheesan, the leader of Opposition.

"It is evident that the government has been trying to shield the perpetrator named in the report," added the Leader of Opposition.

Not name or shame

According to the report, initially, many women were hesitant to come forward, reflecting a culture of silence surrounding such issues. To address this, the committee assured participants that their testimonies would be kept confidential, which eventually encouraged more women to share their stories.

“We also struck off the names and other details of the women who gave answers to the questionnaire so that their identity will not be disclosed. This is done to protect the interests and welfare of both men and women and the industry itself. Our function is only to study the issues relating to women in cinema and report; not name or shame anybody or expose the guilty,” the report stated.

Since the Hema Committee was not constituted under the Commissions of Inquiry Act, witness statements do not have legal protection. For criminal proceedings based on the report to occur, the government would need to act on the evidence attached. However, without the willing participation of the witnesses, proving these cases in court would be challenging.

“One should understand that the intention of this committee was not to proceed with criminal action based on the statements given to it. However, the women can still file a legal complaint if they wish. This report does contain some concrete suggestions to at least cleanse this field to some extent. By diverting the discussion everybody is shrugging it off. The media and the politicians want juicy stuff like sexual content in the report, that’s the sole reason of this concern for that redacted pages,” a highly-placed source, who has been privy to the entire procedure of the committee’s functioning told The Federal.

Many women professionals, including activists from the WCC who advocated for the formation of the committee, believe that media attention is now being diverted towards allegations with sexual overtones, that too showing the women in poor light. This shift has overshadowed critical issues like labour contracts and workplace conditions, including the vast wage disparity and the lack of basic amenities, such as toilet facilities for women.

The report documented various forms of exploitation, including sexual harassment, unequal pay, and a lack of opportunities for women in key roles.

The report emphasized the need for systemic change within the industry and has proposed several recommendations aimed at creating a safer and more equitable environment for women. These included establishing strict guidelines and policies to address harassment, implementing training programmes on gender sensitivity for industry professionals, and creating support systems for women who experience harassment, including legal assistance and counselling.