The Kerala Government has finally released the much-anticipated Hema Commission report on the Malayalam film industry after significant legal and public pressure. The report, which was initially completed in 2019, had been withheld from public view due to concerns about sensitive information and privacy. However, the Kerala High Court’s intervention led to its release.
The report reveals alarming details about the pervasive sexual harassment and exploitation faced by female actors in the Malayalam film industry. It documents numerous instances where women were coerced into compromising situations, subjected to harassment in their accommodations, and faced public defamation and threats. Additionally, the report exposes the control exerted by a powerful group within the industry, which influences hiring decisions and punishes those who resist their demands.
Despite the release of the report, there has been a noticeable lack of concrete action from the Kerala government to address the issues raised. The State Police Chief, who received the report, did not initiate investigations, citing the need for formal complaints. This inaction has led to further criticism and calls for the government to take immediate and effective steps to address the documented abuses.
The Women in Cinema Collective (WCC), which had been instrumental in advocating for the formation of the Hema Commission, has called for the implementation of Internal Complaint Committees (ICCs) within production units and the Association of Malayalam Movie Artists (AMMA), as recommended by the report. However, there has been no significant movement on these recommendations, and the affected individuals continue to face uncertainty and fear of retaliation.
The Hema Commission, appointed by the Kerala Government in 2017, was tasked with investigating sexual harassment and gender inequality within the Malayalam film industry. The commission was a response to a high-profile assault case involving actor Dileep and was composed of Justice Hema, veteran actor Sharada, and retired IAS officer KB Valsala Kumari. Its mandate was to address the systemic issues of harassment and provide actionable solutions.
Findings of the Hema Commission Report
The final report, submitted in 2019, contains troubling revelations about the state of women’s safety in the Malayalam film industry. The report documents pervasive sexual harassment and exploitation faced by female actors, including unwanted advances and coercion from industry professionals. Key findings include:
- Sexual Harassment and Coercion: The report describes how female actors are often approached with demands for “adjustments” and “compromise,” and in some cases, subjected to coercion for sexual favors as a condition for employment.
- Unsafe Working Conditions: The report highlights instances where female actors are harassed in their accommodations, including aggressive knocking on their doors by intoxicated individuals from the industry. This harassment extends to the workplace, where female actors have been forced to work with individuals who have previously subjected them to abuse.
- Power Dynamics and Control: The report identifies a “power group” within the industry—comprising prominent actors, producers, and directors—who allegedly control opportunities and decisions, often ostracising those who refuse to comply with their demands or who fall out of favor for personal reasons.
- Public Defamation and Threats: Female actors face public defamation and threats through social media, including vulgar comments and threats of sexual violence. The report cites instances of public humiliation aimed at demoralising and silencing women who speak out.
- Banning and Blacklisting: The commission found evidence that both men and women in the industry have been unofficially banned or blacklisted, often due to trivial reasons or personal vendettas, impacting their career prospects and livelihood.
Government’s Response and Handling
Despite the report’s submission in 2019, its release was delayed for several years due to claims of containing sensitive information. The Kerala government’s handling of the report raises several concerns:
- Delayed Release: The report, which was completed in 2019, was withheld from the public eye until August 2024. The delay was attributed to privacy concerns and the need to redact sensitive information, but it has been criticised for preventing timely action on the report’s findings.
- Lack of Investigative Action: After the report was initially submitted to the government, there appears to have been little to no follow-up action. The State Police Chief received the report but did not initiate an investigation, citing the absence of formal complaints and specific details necessary for legal action.
- Legal and Public Pressure: The release of the report was eventually ordered by the Kerala High Court following legal challenges from various stakeholders, including media houses and individuals affected by the report’s revelations. The court’s intervention underscores the legal and public pressure exerted on the government to make the findings public.
- Inaction on Recommendations: The report’s recommendations, including the establishment of Internal Complaint Committees (ICCs) within production units and the Association of Malayalam Movie Artists (AMMA), have not been fully implemented. This lack of action suggests a failure to address systemic issues effectively.
- Government Statements: Cultural Affairs Minister Saji Cheriyan has claimed that the government has nothing to hide, yet the persistent delays and lack of clear action on the report’s findings contradict this assertion. The government’s statements have not been substantiated by visible efforts to address the issues documented in the report.
Legal and Ethical Implications
The Kerala government’s handling of the Hema Commission report raises several legal and ethical concerns:
- Responsibility to Investigate: Under Article 162 of the Constitution, the Kerala government has a responsibility to investigate the findings of the commission, even in the absence of formal complaints. The failure to initiate a comprehensive investigation undermines the integrity of the commission’s work.
- Public Accountability: The prolonged delay in releasing the report and the lack of subsequent action call into question the government’s commitment to addressing sexual harassment and gender inequality. Transparency and accountability are crucial for restoring public trust and ensuring justice for the affected individuals.
- Impact on Victims: The failure to address the issues raised in the report has likely had a detrimental impact on the victims, many of whom have expressed fear of retaliation and reluctance to come forward. The Government’s inaction contributes to a culture of impunity and silence around sexual harassment in the industry.
The commission’s final report, comprising 295 pages, was submitted in 2019. However, its release was delayed due to concerns about sensitive information and privacy. Portions of the report were redacted before it was made available under the RTI Act in August 2024.
