The Explosive Justice Hema Committee Report Reveals How A ‘Mafia’ Comprising A Clutch Of Top Actors, Producers And Directors Exploit Women And Punish Those Who Dare To Say ‘No’
THE TIMES OF INDIA (August 25, 2024)

- The recent sexual assault of a leading actress has further reinforced the feeling that it [the Malayalam film industry] is not a dignified place to send daughters alone for work. That is why we have the unusual sight of some mothers or fathers accompanying daughters for shooting.

- The perception [about women] that many men in the film industry carry is another major reason for the low participation of women in cinema. Many witnesses stated that some men in the industry believe that women who chose to work in cinema are “available”... that such women are morally very loose.

- “Compromise” and “adjustment” are two terms that women are made familiar with as soon as they even attempt to enter the Malayalam film industry. The two terms have only one message - make yourself available for “sex on demand”.

- Now knowing how the Malayalam film industry runs and the consequences [for speaking up] that women in cinema may face, we are satisfied that women in cinema are justified in not disclosing their experiences.

The Justice Hema Committee report – which examined allegations of sexual harassment in the Malayalam film industry and the mafia-like grip a clutch of powerful men have over it – is 235 pages long. However, the four snapshots from it reproduced above paint a clear — and rather horrifying — picture of what women in Malayalam cinema have gone through over several decades.

The committee comprising Justice (Retd) K Hema, actress T Sarada and former IAS officer K B Valsala Kumari – formed after a leading actress was sexually assaulted in a moving car allegedly on the instructions of a leading actor – concludes that nothing but a new industry-specific tribunal can save women workers from the industry’s entrenched “mafia”.

The committee was convinced that anything less than hard-coded law – for instance, an Internal Complaints Committee under the Prevention of Sexual Harassment at Workplace Act of India (POSH) – will be manipulated by industry men to only punish and isolate women who dare to speak up.

The committee lists ‘17 issues’ that the women face in the industry. Many of these points overlap in scope and impact and can be clubbed under seven heads:
1. Sexual demands made as quid-pro-quo for work
2. Industry ganging up against women who don’t fall in line
3. Lack of workplace safety, whether it’s a set, outdoor site, hotels for crew or transport
4. Fan clubs as troll armies
5. Culture of ban that even men find intimidating
6. Non-execution of contracts
7. Absence of any legally constituted authority to redress grievances

ENTRY CODE — YOU MUST ‘COMPROMISE’ AND ‘ADJUST’
According to the women who deposed before the committee, the harassment starts with a woman’s first contact with the industry.

If a production controller – equivalent of a producer in any other film industry – offers a role to a woman, he will make it clear in the first meeting itself that she will have to make some “compromises” and “adjust” to certain demands that would be made of her.

“Compromise” and “adjust” is code for telling an aspiring actress that people who will give her work will demand “sexual favours” and she will have to submit to their demands.

In this first meeting, the newcomer is also generally told that all top actresses have reached where they are in their careers because they made these compromises and adjustments.

The committee said it has gathered enough anecdotal evidence on how a “general impression” has been created that women who want to be a part of the Malayalam film industry are only interested in money and fame and will “surrender anything” to achieve this.

The committee recorded that there is a widely held belief in the industry that women entering the industry would “sleep with anybody for money” and not just for roles and work.

IF A WOMAN DOES NOT FALL IN LINE, ENTIRE INDUSTRY WILL GANG UP AGAINST HER
The committee recorded that it found “entirely justifiable” the women’s reluctance to speak against the abuse. Only after the women were assured of complete confidentiality did some of them agree to be interviewed.

“Women in [Malayalam] cinema are most reluctant to speak about the sexual harassment they face. They are afraid that if they divulge this information to others, they would be banned from cinema and subjected to harassment,” says the report.

The report says it’s very clear that sexual abusers in the industry have a massive support system – fellow actors, producers, financers, heads of industry bodies, fan clubs – that gets activated when a woman raises her voice.

Some men who deposed before the committee tried to argue that women face sexual harassment in every industry and it would be wrong to single out the Malayalam film industry. However, many women interviewed by the committee said there is a striking difference between the sexual harassment seen in the film industry and that in other fields.

MIDNIGHT KNOCKS ON DOORS IN HOTELS
Witnesses said they felt the most vulnerable when staying in hotels during outdoor shoots. It is common, they said, to have men, mostly drunk, knocking on their doors in the night.

“The knocking will not be polite... they repeatedly bang on the door. Many women said they felt that the door would collapse and men would force their way into their room. So, unless women take somebody from the family when they go for work, they fear that they will not be safe,” says the report.

The committee noted that though evidence indicated several cases of sexual abuse which constituted offences under the Indian Penal Code and also fell under the definition of “sexual harassment of women at workplace”, the victims never approached the police because they were afraid of “the serious consequences”. Being “public figures” women in cinema face a greater threat in terms of retribution for speaking up.

The 295-page report has 65 pages redacted, concealing many incidents it had recorded. One such incident is, in fact, mentioned only in part in the report. It presumably refers to a male actor misbehaving with a female co-star, who apparently called him out, but was brow-beaten into submission and had to continue working with the man against her wishes. This is how the incident is detailed in the report:

“...same man and woman, as husband and wife, hugging each other. That was terrible. Because of what was done to her during the shooting, her resentment and hatred had reflected on her face. 17 retakes had to be taken for just one shot and the director criticized her for the situation.”

FAN CLUBS OR BULLY BANDS
A witness told the committee that the market value of heroes is propped up by the artificial creation of fan clubs.

It is common to have the same person running fan clubs for multiple stars. He/she can create a fan club for any star, provided enough money is paid. These fan clubs are often deployed to bully women if they raise their voice against a star or an industry favourite.

The committee noted how vicious online attacks have been launched against actresses just hours after they complained against a star. Morphed videos and pictures carrying obscene comments were uploaded and misleading stories about the star’s past conduct were circulated. What is scarier is that these fan clubs can also orchestrate physical attacks.

A CULTURE OF BAN THAT EVEN MEN FIND INTIMIDATORY
There is evidence to prove that about 10 to 15 individuals — all male, all very successful and very wealthy — control the Malayalam film industry, the report says.

This group can prevent anyone from working in the industry by imposing a “ban.” The ban will not be formal, but it will close all doors in the industry for the banned individual. It can even stall the release of films if the production house involved somebody the group did not approve of.

Some witnesses told the committee that even top actors have suffered because they “offended” a member of this group.

Members of ‘Women in Cinema Collective’, the association of women formed after the assault on a leading actress mentioned earlier in this report, have all been banned by this group.

NON-EXECUTION OF CONTRACTS
A witness stated that there was no system of executing a contract between a producer and an actor or a director in Malayalam cinema till 2000.

The Film Chamber of Commerce had received many complaints concerning contract disputes and when the Chamber leaned in favour of contracts, certain actors, who were used to having their way with every aspect of film-making, felt offended.

These actors, to convey their unhappiness with the proposal, left on a holiday abroad together, bringing the entire film industry to a standstill. When some rebellious directors managed to continue working by replacing the actors who had flown abroad, they were banned.

From then on, at least one famous director, who used to do three to four movies every year, could not direct a single film with any major actor.

One actress, while deposing before the committee, spoke about how in the absence of a contract, she was tricked into shooting scenes that involved levels of nudity and intimacy she was not comfortable with.

“She was asked to do many things, including a lip-lock, which was contrary to the understanding between the parties,” says the report.

JUNIOR ARTISTES TREATED LIKE SLAVES
Junior artistes are not recognized as artistes in the Malayalam film industry. They are not members of the Association of Malayalam Movie Artistes (AMMA) and thus the most vulnerable to abuse – both physical and financial.

The committee recorded how difficult it was to get junior artistes to depose. “We made efforts to get a few junior artists [to depose before the committee], but it appeared they were under some threat that if they stated anything before the committee, they would be barred from any opportunities in cinema,” says the report.

Dancers, who form the backdrop in song-and-dance sequences, were also reluctant to appear before the committee. And when they did, it appeared they were under pressure to not say anything that would hurt the industry’s image.

The report mentions the following points to drive home the pitiable status of junior artistes in Malayalam film industry:
- Not provided access to toilets, though they are made to spend, on an average, 14 to 19 hours on sets.
- Not provided any rest area.
- Never paid their wages in time nor in full.
- If the production house releases Rs 700 as a day’s wage, the junior artist gets only Rs 500.
- Denial of food and water is a major complaint.

Witnesses told the committee that women junior artistes are the most vulnerable to sexual exploitation because of their poor pay and working conditions. One witness spoke about contractors forming WhatsApp groups of junior artistes to push them into organized sex work.